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HomeMy WebLinkAbout99-04406 U e _Q H ? -.. A ?p } CURTIS R. LONG Proihuninmy CumberLmd CUUm}' One CoLmhousc Squ;vc Cnrlizlc, PA 17013 t •'. ? <t L i rem Kw~`C'?? ?^"/? , w o ?. 3PBMCreR SEP J07LIV-S.POSTAOX 15833d ; Gar y L. Hawbaker Velma M. Hawbaker _ 606 Sand Bank Road Mt. Holly Springs, PA 17065 HAW8606'* 170652016 1999 14 09/15/00 HAWBAKER RETURN TO SENDER MOVED LEFT NO ADDRESS UNABLE TO FORWARD {== '" = LnIII Ji6nnfill] Ilu I1111 11111I11161111111 1 i i i JO $r? { 8 i'i'{ {2 04 'CY CU%,1PEtsNSYLV rAtJIA y. AUG ] 8 20 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY )CIVIL DIVISION Plaintiff, )NO.: 99-4406 vs. ) GARY L. HAWBAKER and ) VELMA M. HAWBAKER ) Defendants ) ORDER OF COURT AND NOW, this _1+4% day of 2000, upon consideration of the Motion to Continue Sheriffs Sale and Dispense With New Notice Pursuant to Pennsylvania Rule of Civil Procedure 3129.3(a) by Plaintiff, PNC Bank, National Association, it is hereby ORDERED, ADJUDGED and DECREED that the Sheriff s Sale scheduled for September 9, 2000, is continued until December 6, 2000, in the Cumberland County Sheriffs Office, and the requirement that advertisement be made and new notice be provided to Defendant, Lienholders or other interested parties according to Pennsylvania Rule of Civil Procedure 3129.2 is hereby waived. The Sheriff shall make an appropriate announcement of the continuance of the Sheriffs Sale on September 9, 2000, at 10:00 a.m. Plaintiff shall serve Defendant, with Notice of new sale date via Certified Mail, return receipt requested. BY THE COURT: /S4°" l J. •fi?? (; ? :? fi'r' '.`, ?' In f?.;. ;.h.. i ark Th ....... S...... d y Cf Proti-711I:ry" (/ AUG 1 8 200 01 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY )CIVIL DIVISION Plaintiff, )NO.: 99-4406 VS. ) GARY L. HAWBAKER and ) VELMA M. HAWBAKER ) Defendants ) ORDER OF COURT AND NOW, this -?th day of.&4"A) . 2000, upon consideration of the Motion to Continue Sheriffs Sale and Dispense With New Notice Pursuant to Pennsylvania Rule of Civil Procedure 3129.3(a) by Plaintiff, PNC Bank, National Association, it is hereby ORDERED, ADJUDGED and DECREED that the Sheriffs Sale scheduled for September 9, 2000, is continued until December 6, 2000, in the Cumberland County Sheriffs Office, and the requirement that advertisement be made and new notice be provided to Defendant, Lienholders or other interested parties according to Pennsylvania Rule of Civil Procedure 3129.2 is hereby waived. The Sheriff shall make an appropriate announcement of the continuance of the Sheriffs Sale on September 9, 2000, at 10:00 a.m. Plaintiff shall serve Defendant, with Notice of new sale date via Certified Mail, return receipt requested. BY THE COURT: (j J(7 ,17 TRUE CnPY F&-:'OM ?;''L'ORD In Tesi:mony w:h,reof, 11,,T- t;cto zet n',y hand 41h. s Jr.... f. ..?ary i 1 0 i oj? e3 ()Ai (-ltxkwq (eerkr Nihe ?,?e? roe = .3 3 Prothonotary of Cumberland County ATTENTION: Renee Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 i is ' / ZZ Gary L. Hawbaker 606 Sandbank Road Mt. Holly Springs, PA 17065 E 3 _,3 3 Y ?OSTACE Velma M. Hawbaker 606 Sandbank Road Mt. Holly Springs, PA 17065 L it f 0 '3 5 F, A rF ur .:. Brian G. McKenzie Five Park Street Mt. Holly Springs, PA 17065 i GRENEN & BIRSIC, P.C. ATTORNEYS AT LAW ONE GATEWAY CENTER NINE WEST PITTSBURGH, PENNSYLVANIA 15222 (412) 281-7650 FAX (412) 281-7657 EMAIL grenbirsG<)mdi net September 7, 2000 Prothonotary of Cumberland County ATTENTION: Renee Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 RE: IMC Mortgage Company vs. Hawbaker Docket No.: 99-4406 Dear Renee: I spoke with Gina from your office regarding the above-captioned matter on Wednesday, September 6, 2000. She said that in order to mail out the Order for Continuance of Sale you needed addressed, stamped envelopes for the defendants. Enclosed, please find an envelope for each of the Defendants, Gary L. Hawbaker and Velma M. Hawbaker as well as the owner of the property, Brian G. McKenzie. If you have any questions or need anything additional, please do not hesitate to contact me at the above number. Thank you for your attention to this matter. truly Heidi J. Cook Paralegal n jc Enclosures STATE OF PENNSYLVANIA, I OUNTY OF CUMBERLAND ss. C Robert P Ziegler ____ Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ________________ - - __--Chase Manhattan Bank Tr for IMC HOme Eguity_Lan Trust 1997-7 is the grantee ---------------------------------------- --- - ---------------- the same having been sold to said grantee on the __ 6th ----------------------------------------- day of December 2000 --------------------------------------- A. D.,? -----,under and by virtue of a writ -------------- Execution 2 ----------------------------------------issued on the ------------------------------------ Feb 2000 day of __________________________ A. D., ------ out of the Court of Common Pleas of said County as of Civil 1999 ------------------------------°-------------------------------------------------- Term, ------ 4406 Imc Mtg Co Number--------------, at the suit of--------------------------------------------------------------- Gary L Hawbaker & Velma M ----------------------------------- against---------------------------------------------------- is 238 1 duly recorded in Sheriff's Deed Book No. ____-__-_---, Page ------------- IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _-!/____ day of -C? ---------------------- A. D., 1g p2o0 f (/// Recorder of Deeds IMC Mortgage Company In the Court of Common Pleas of -vs- Cumberland County, Pennsylvania Gary L. Hawbaker and Velma M. Hawbaker No. 99-4406 Civil Michael Barrick, Deputy Sheriff who being duly sworn according to law, says on April 4, 2000 at 7:28 o'clock P.M. LDST, he posted a copy of real Estate Writ Notice Poster and Description on the property of Gary L. Hawbaker and Velma Hawbaker located at 606 Sand Bank Road, Mt Holly Springs, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly swom according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheirff mailed a notice of the pendency of the action to one of the within named defendants to wit: Velma Hawbaker by Certified Mail Return Receipt Requested, Restricted Delivery Deliver To Addressee Only to 606 Sand Bank Road, Mt Holly Springs, Pennsylvania. This letter was mailed under the date of April 14, 200 and returned to the Sheriff's Office on April 17, 2000 with reason checked Moved Left No Forwarding Address. 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: Gary L. Hawbaker by Certified Mail Return Receipt Requested, Restricted Delivery Deliver To Addressee Only to 606 Sand Bank Road, Mt Holly Springs, Pennsylvania. This letter was mailed under the date of March 28, 2000 and returned to the Sheriffs Office on March 30, 2000 with reason checked Moved Left No Forwarding Address. Timothy Reitz, Deputy Sheriff who being duly sworn according to law, says on April 4, 2000 at 7:28 o'clock P.M. EDST, he served true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Brian McKenzie by making known unto Brian McKenzie at 606 Sand Bank Road, Mt Holly Springs, Cumberland County, Pennsylvania and at the same time handing to him personally the said true and attested copies of the same. R. Thomas Kline, Sheriff who being duly swom 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: Gary L. Hawbaker by first class mail to 6060 Sand Bank Road, Mt Holly Springs, Pennsylvania. This letter was mailed under the date of April 17, 2000 and returned to the Sheriff s Office on April 24,2000 with reason checked forwarding time expired. 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: Velma M. Hawbaker by first class mail to 606 Sand Bank Road, Mt Holly Springs, Pennsylvania. This letter was mailed under the date of April 17, 2000 and returned to the Sheriff s Office on April 20,2000 with reason checked Moved Left No Forwarding Address. 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: Brian McKenzie by first class mail to 606 Sand Bank Road, Mt Holly Springs, Pennsylvania. This letter was mailed under the date of March 30, 2000 and never returned to the Sheriffs 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 above described premises at public venue or outcry at Cumberland County Court House, Carlisle, Pa on December 6, 2000 at 10:00 o'clock A.M.EST and sold the same for the sum of $ 2,054.93 to Attorney Steven Feinour for Chase Manhattan Bank, as Trustee of IMC Home Equity Loan Trust 1997-7 Under the pooling and Servicing Agreement dated as of November I, 1997. It being the highest bid and best price quoted for the same The Chase Manhattan Bank et al of 4501 Erskine Road, Suite 50, Cincinnati Ohio being the buyer in this execution paid to Sheriff R. Thomas Line the sum of $ 2,296.03 it being costs. Sheriffs Costs Docketing 30.00 Poundage 41.10 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Mileage 16.12 Certified Mail 14.87 Levy 30.00 Surcharge 30.00 Postpone sale 40.00 Legal Search 200.00 Law Journal 386.30 Patriot News 288.30 Share of Bills 24.80 Distribution of proceeds 25.00 Sheriffs Deed 26.50 $ 1,254.49 So ?yis? Sworn and Subscribed To Before Me This Day of? R. Thomas Kline, Sheriff 2000, A.D. L (i . ?.CcQL?u. L?f-- By Prothonotary Real Estate Deputy OJAI I L3 CAz 31140 e? 752 Writ No. 1999-4406 Civil IMC Mortgage Company SCHEDULE OF DISTRIBUTION SALE NO 33 JANUARY 5, 2001 -vs- Gary L. Hawbaker and Velma M. Hawbaker 606 Sand Bank Road Mt Holly Springs, PA Sale Date December 6, 2000 Buyer The Chase Manhattan Bank Bid Price $ 2,054.93 Real Debt Interest Atty Writ Costs DISTRIBUTION $ 97,869.28 5,870.02 157.68 $103,896.98 Amount Collected Sheriffs Costs Legal Search 2000 Co Library Township Taxes Tax Claim Bureau 2,296.03 1,054.49 200.00 159.30 $ 0,000.00 So ans?pr? f/ R. Thomas Kline, Sheriff By Acalstate Deputy I \ f TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 33 Held Wednesday, December 6, 2000 Date: December 6, 2000 TAXES: Receipts for all taxes for the years 1997 to 1999 inclusive. Taxes for the current year 2000. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2000, and recorded 2000, in Cumberland County Deed Book Page RECITAL: Being the same premises which the Tax Claim Bureau of Cumberland County by deed dated November 24, 1999 and recorded December 3, 1999 in the Office of the Recorder of Deeds for Cumberland County in Deed Book 212, Page 586, granted and conveyed to Brian G. McKenzie. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Sandbank Road. 6. Building and use conditions and restrictions as set forth in Deed of Clair W. Starner, Sr. and Joann A. Starner, recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book "L", Volume 28, Page 489. 7. Mortgage in the amount of $72,210.00 given by Gary L. Hawbaker and Velma M. Hawbaker, husband and wife, to American Mortgage Reduction, Inc., dated May 17, 1997 and recorded July 24, 1997 in Mortgage Book 1395, Page 386. Complaint in Mortgage Foreclosure filed on July 21, 1999 by IMC Mortgage Company as Plaintiff against Gary L. Hawbaker and Velma M. Hawbaker as Defendants in the Office of the Prothonotary of Cumberland County to file no. 99-4406. Default judgment entered January 21, 2000 in the amount of $97,869.28. 8. Delinquent real estate taxes turned over to the Cumberland County Tax Claim Bureau in the amount of $922.70. 9. Satisfactory evidence to be produced that Plaintiff in the above-referenced foreclosure is the proper party to bring cause of action since no Assignment of Mortgage to Plaintiff has been recorded in the Office of the Recorder of Deeds for Cumberland County. 10. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale, and in particular to the record owner of the subject premises. 11. Real estate taxes accruing on and after January I, 2000 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent ^//I Note: This Title Report shall not he valid or bin mg until countersigned by an authorized signatory. I . REAL ESTATE SALE NO. 33 Wilt No. 99-4406 Civil IMC Mortgage Company Vs. Gary L. Hawbaker and Velma M. Hawbaker Atty.: Kristine M. Faust LONG FORM DESCRIPTION ALL THAT CERTAIN tract of land situate In South Middleton Town- ship, Cumberland County, Pennsyl- vania, bounded and described as fol- lows, per compass survey of 1955: BEGINNING at a point in the Pub- lic Road leading from Mount Holly Springs to Mountain View, said point being approximately 17.5 feet East of the center line extended of a farm land leading Northwardly from said road, thence by land now or formerly of John E. Maurice, etah, and paral- lel with said farm land. North 5 de- grees West 185 feet, more or less, to an iron pin; thence by the same. South 82 degrees 50 minutes East 100 feet to an iron pin: thence by the same. South 5 degrees East 185 feet, more or less, to a point in the afore- said road; thence In said road. North 82 degrees 50 minutes West 100 feet to the place of BEGINNING. THE above described premises has thereon erected a dwelling house known and numbered 606 Sand Bank Road. TRACT A2 ALL that certain triangular tract of land situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows: BEGINNING at a point In the cen- ter of the public road leading from Mount Holly Springs to Mountain View; thence by land of Tract B1 herein, North 5 degrees West 190 feet. more or less, to a point; thence by land new or formerly of Robert G. Hair and wife. South 82 degrees 50 minutes East 39.7 feet to an iron pin; thence by land now or formerly of John E. Maurice et ux, South 7 de- grees 10 minutes West 187 feet, more or less, to the Place of Beginning. BEING the same premises which Tax Claim Bureau of the County of Cumberland, Pennsylvania, by Deed dated November 24, 1999 and re- corded in the Office of the Recorder of Deeds of Cumberland County on December 3. 1999 in Deed Book 212, Page 586. granted and conveyed unto Brian G. McKenzie. Parcel No.: 40-32.2334.008. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY Plaintiff, NO.: 99-4406 vs. GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY IMC Mortgage Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Brian G. McKenzie located at 606 Sandbank Road, Mt. Holly Springs, PA 17065 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF BRIAN G. MCKENZIE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON TOWNSHIP, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 606 SANDBANK ROAD, MT. HOLLY SPRINGS, PA 17065. DEED BOOK VOLUME 212, PAGE 586, AND PARCEL NUMBER 40-32-2334-008. I . The name and address of the owner(s) or reputed owner(s): Brian G. McKenzie Five Park Street 2. The name and address of the defendants in the judgment: Mt. Holly Springs, PA 17065 Gary L. Hawbaker and Velma M. Hawbaker 606 Sandbank Road Mt. Holly Springs, PA 17065 3. The name and last known address ofevery judgment creditor whose judgment is a record lien on the real property to be sold: IMC Mortgage Company (Plaintiff) 4. The name and address of the last record holder of every mortgage of record: IMC Mortgage Company (Plaintiff) 5. The name and address of every other person who has any record lien on the property: Domestic Relations Office P.O. Box 320 Carlisle, PA 17013 PA Dept. Of Revenue Bureau of Individual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, 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. GRENEN & BIRSIC, P.C. az?K_?1?, rccca-z_? By: Krist ne,M. Faust, Esquire Attorney for Plaintiff SWORN to and subscribed before me thisdIday of 6n N' , 2000. R ?C' o n. oylS, c,-, L-6-N Notary Public N,,,a,:al Seal Epiitl%urgh, A. Townsrnd, Notary Public Aliegheny County mmission Expires Juno 2, 2003 Idarni -777 i,. , s,cru:han cl p!nhrirs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY Plaintiff, NO.: 99-4406 vs. GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Gary L Hawbaker and Velma M. Hawbaker 606 Sandbank Road 606 Sandbank Road Mt. Holly Springs, PA 17065 Mt. Holly Springs, PA 17065 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 on June 7, 2000, at 10:00 A.M., the following described real estate, of which Brian G. McKenzie is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF BRIAN G. MCKENZIE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON TOWNSHIP, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 606 SANDBANK ROAD, MT. HOLLY SPRINGS, PA 17065. DEED BOOK VOLUME 212, PAGE 586, AND PARCEL NUMBER 40-32-2334-008. The said Writ of Execution has been issued on ajudgment in the mortgage foreclosure action of IMC Mortgage Company Plaintiff, vs. Gary L. Hawbaker and Velma M. Hawbaker, Defendants. at Execution Number 99-4406 in the amount of S 103.739.30. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time 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 or taken to pay the judgment. You may have legal rights to prevent your property from being taken. 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 NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. LAWYER REFERRAL SERVICE Cumberland Co. Bar Association Two Liberty Avenue Carlisle, PA 17013 (717)249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered becatise you did not rile with the Court any defense or objection, you might have within twenty (2d) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid detbnse and a reasonable excuse for failing to file the defense on time If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. By: Kristine M. Faust, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY Plaintiff NO. 99-4406 vs. GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Brian G. McKenzie Five Park Street Mt. Holly Springs, PA 17065 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 on June 7, 2000, at 10:00 A.M., the following described real estate, of which Brian G. McKenzie is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF BRIAN G. MCKENZIE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON TOWNSHIP, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 606 SANDBANK ROAD, MT. HOLLY SPRINGS, PA 17065. DEED BOOK VOLUME 212, PAGE 586, AND PARCEL NUMBER 40-32-2334-008. The said Writ of Execution has been Issbed on a judgment in the mortgage foreclosure action of IMC Mortgage Company Plaintiff, vs. Gary L. Hawbaker and Velma M. Hawbaker, Defendants. at Execution Number 99-4406 in the amount of $ 103.739.30. Claims against the property must be tiled with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time 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 or taken to pay the judgment. You may have legal rights to prevent your property from being taken. 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 NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. LAWYER REFERRAL SERVICE Cumberland Co. Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. I . If the judgment was entered Ftecituseyou did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage orjudgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if thejudgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike thejudgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. BY: Lti Kristine M. Faust, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY Plaintiff, NO.: 99-4406 vs. GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, per compass survey of 1955: BEGINNING at a point in the Public Road leading from Mount Holly Springs to Mountain View, said point being approximately 175 feet East of the center line extended of a farm land leading Northwardly from said road; thence by land now or formerly of John E. Maurice, et al., and parallel with said farm lane, North 5 degrees West 185 feet, more or less, to an iron pin; thence by the same, South 82 degrees 50 minutes East 100 feet to an iron pin; thence by the same, South 5 degrees East 185 feet, more or less, to a point in the aforesaid road ;thence in said road, North 82 degrees 50 minutes West 100 feet to the place of BEGINNNG. THE above described premises has thereon erected a dwelling house known and numbered 606 Sand Bank Road. TRACT #2 ALL that certain triangular tract of land situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the public road leading from Mount Holly Springs to Mountain View; thence by land of Tract #I herein, North 5 degrees West 190 feet, more or less, to a point; thence by land now or formerly of Robert G. Hair and wife, South 82 degrees 50 minutes East 39.7 feet to an iron pin; thence by land now or formerly of John E. Maurice et ux, South 7 degrees 10 minutes West 187 feet, more or less, to the Place of Beginning. BEING the same premises whA Tau Claim Bureau of the County of Cumberland, Pennsylvania, by Deed dated November 24, 1999 and recorded in the Office of the Recorder of Deeds of Cumberland County on December 3, 1999 in Deed Book 212, Page 586, granted and conveyed unto Brian G. McKenzie. GRENEN & BIRSIC, P.C. GCL ?.L Kristine M. aust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No.: 40-32-2334-008 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99_ 4_ 4_ A CIVIL 9$C Term COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due IMC Mortgage Company from ciary L. Hawbaker and Velma M. Hawbaker , ?rvvn??ItJ) (1) You are directed to levy upon the property of the defendant(s) and to sell_ See attached leoal deSCrintinn (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; If property of the defendant(s) not levied upon an than anam)edgarnishee,youarredir ctedtonotfyhim/herrthatheslhethasbeenaddedasagarnisheeeand is to attachment is found in the possession of anyone stated. Amount Due $97,869.28 Interest $5,870.02 Atty's Comm % L.L. _ $.50 Due Prothy_ $1.00 Other Costs Atty Paid $157.68 Plaintiff Date: February 23, 2000 REQUESTING PARTY: Name Kri atin M Fa ,ar E5q Address: nne Gateway rntpr Ni nP t c Rittabilrah PA 15222 Attorney for: Plaintiff _ Telephone: d12-281-7650 Supreme Court ID No. 77491 Curtis R. ???? J Prothonota y,,fCiiiviiill/,Division ?Y.L??/JO / //?9n ioL? Deputy t a;? ?.....? a... SALE. PFIL' 3? d i r?+t L GnI}'y/" a •?? the sheriff levied upon the defendants interest in the real property situated in Cumberland County, Pa., known and numbered as: od &-,d Ab-d 4VIA"Aaw- and more fully described on Exhibit "a" filed vrith this writ and by this ref; rence ircorporatr d herein. p Date: ?• By: ?. ? 7 f , t 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 notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 28, MAY 5, 12, 2000 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. REAL ESTATE WX NO. 33 Writ No. 99-4406 Civil IMC Mortgage Company VS. Gary L. Hawbaker and Velma M. Hawbaker Atty.: Kristine M. Faust LONG FORM DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Town. ship, Cumberland County, Pennsyl- vania, bounded and described as fol- lows, per compass survey of 1955: BEGINNING at a point in the Pub- lic Road leading from Mourn Holly Springs to Mountain View, said point beingapproxinmteiv 17.5 feel East of the center line extended of a Lams land leading Northwardly from said road, thence by land now or formerly of John E. Maurice, el al.. and paral- lel with said farm land. North 5 de- grees West 185 rect. more or less, to Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 12 day of MAY. 2000 LOIS E. SNYCER, Nntory Public Carli,i, Eom, Curobaoard County, PA My f_ommi,uoa Ezprvt Moth S, 2001 100 feet to an Iron pill; the c1e by the Same. South 5 degrees East 185 feet, more or less, to a point In the afore. said road; (hence in said road. North 82 degrees'0 minutes west 100 feet to the place of BEGINNING. THE above described premises has thereon erected a dwelling house known and numbered 606 Sand Bank Road. TRACT 82 ALL that certain triangular tract of land situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows: BEGINNING at a point In the cen- ter of the public road leading from Mount Holly Springs to Mountain View; thence by land of Tract #1 herein, North 5 degrees west 190 feet, more or less, to a point; thence by lend now or formerly of Rnlvrt G. Hair and wife. South 82 degrees 50 minutes East 39.7 feet to an iron pin; i thence by land now or formerly of i John E. Maurice et ux. South 7 de. grees 10 minutes West 187 feet, more or less, to the Place of Beginning. I BEING the same premises which j Tax Claim Bureau of the County of Cumberland, Pennsylvania, by Deed dated November 24, 1999 and re- corded in the Office of the Recorder of Deeds of Cumberland County on December 3, 1999 in Deed Book 212, Page 586, granted and conveyed unto Brian G. McKenzie. Parcel No.: 40-32-2334-008. M - .. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Underact No 587, RDDroued Mau 16, t929 Commonwealth of Pennsylvania, County of Dauphin) as Michael Morrow being duly sworn according to law, deposes and says: That he is the Assistant Controller of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established March 41h, 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 dally and/or Sunday and Metro editions/issues which appeared on the 2nd, 9th and 16th day(s) of May 2000. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors ?f the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County rb'f Dauphin in Miscellaneous Book "M", Volume 14, Page 317, t` / A . PUBLICATION -------- _ COPY Sworn to and s scribed befor me Is 2nd day of une 2 A. D. SALE#33 Nolad Seal 1 Terry L. Russell, Notary Puhlk yfG?C? REAL EBTATEl3ALE NO.77 Hanlsburg. Dauphin county NOTA PUBLIC My commiss ion ExpiresJUne6. a1 Nh a 44r=, mmission expires June 6, 2002 Member, Pennsylvania Associatan at Nclanes COm i' l CUMBERLAND COUNTY SHERIFFS OFFICE ld f CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 in tr pflatWsituate She ,,, Cumbedand Statement of Advertising Costs described To THE PATRIOT-NEWS CO., Dr. "" poln 3dPub0CRead ladidY f +' Md? l' 8 I For publishing the notice or publication attached ¢ rppl -f n ° I Pript ro Mann aid ; I9 ), Bard ni 'tieing ? hereto on the above stated dates $ 286.80 ap toximalely17S tetFist lheeenter8oe ? Probating same Notary Fee(s) $ 1.50 sx endedofaf !Imdleadi Nort*Ardiv frgl} :d.ioadr'.1111 6v"?.ea „M„ ,,. Total $ 288.30 .v.ycu, .? minutes west Sap feet to *Xba EGDMG,-i THE above described premises ha, thereon erected a dwellin use knu,m and numbered 6a6 Sand Bank R hooad. TRACT 12: ALL that certain triangular had of land situate in south .1liddlehnn 11)"Aip Cumberland Count}; amnykama, Imunded a nd described as f ellm,,: BEGINNING at a point in the center of the public road Ieadin from hiuum Holh, nn to Mountain Ne r, thence Ii' Ian c J ,.r hgrehy BbMSdeg c . la In (e or Hairraand f South 82 aeerees'Sa minutes East 39.7 feel to an iron pity thence by land non• nr fo merly of lohn E. 1Ve51 aucke, et ux Saulh 7 dsgtees y0 minutes &gln I lacek more or Ivss,cto the Place of BEING the same pmmiti« which r" ,Oaim Bureau of the County of cumbcrland, .Ponnsylvania, by Deed d,,t 'owmhr N, 1999 and recorded in the Office of the Recorder of Deeds of Cuml -din d Counq- on December 3, 1999 in Decd Book 212, Page 586, granted and fear, unto Brian G. d4naie. Parcel Np,g0.32.21 .M. isheras Receipt for Advertising Cost ;her of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have THE PATRIOT-NEWS CO. By .................................................................... $1000.00 advance costs paid 2/29/00 Assessed Valuation $ 5,400 Writ No. 1999-4406 Civil IMC Mortgage Company -vs- Gary L. Hawbaker and 606 Sandbank Road Mt Holly Springs. PA Real Debt Interest Atty Fees Atty Writ Costs Escrow Late Charges $ 97,869.28 5,870.02 157.68 Sheriffs Costs Docketing 30.00 Poundage 41.10 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 30.00 10.00 Auctioneer .50 Law Library 1.00 County 16.12 Mileage 87 14 Certified Mail . 30.00 Levy 30.00 Surcharge 00 40 Postpone Sale . Legal Search 386.30 Law Journal 288.30 Patriot News 24.80 Share of Bills 25 00 Distribution of Proceeds . Sheriffs Deed 26.50 Real estate No. 33 Atty: Kristine Faust Velma M.1-lawbaker TAXES 159 30 2000 County'I'ownship Library Taxes 8 8 2.2 4 Tax Claim Bureau A11G7820 1, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY ) CIVIL DIVISION Plaintiff, ) NO.: 99-4406 vs. ) GARY L. HAWBAKER and ) VELMA M. HAWBAKER ) Defendants. ) ORDER OF COURT AND NOW, to wit, this /° day of +V I 2000, upon consideration of the within Motion for Special Service of Notice of Sale of Real Property Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff is hereby directed to serve Velma M. Hawbaker with a true and correct copy of Plaintiff's Notice of Sale by first class mail, postage pre-paid at 606 Sandbank Road, Mt. Holly Springs, PA 17065. Service on Velma M. Hawbaker shall be deemed complete and valid upon such mailing by the Plaintiff. BY THE C T: O ec) 6e P II?f???l PoVNB`lL!'P??J'.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY Plaintiff, CIVIL DIVISION NO.: 99-4406 vs. GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants. TYPE OF PLEADING: MOTION FOR SERVICE OF NOTICE OF SALE OF REAL PROPERTY PURSUANT TO SPECIAL ORDER OF COURT CODE- FILED ON BEHALF OF: IMC Mortgage Company, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa.I.D.#77991 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 Firm #023 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY ) CIVIL DIVISION Plaintiff, ) NO.: 99-4406 vs. ) GARY L. HAWBAKER and ) VELMA M. HAWBAKER ) Defendants. ) MOTION FOR SERVICE OF NOTICE OF SALE OF REAL PROPERTY PURSUANT TO SPECIAL ORDER OF COURT AND NOW, comes the Plaintiff, IMC Mortgage Company, by and through its attorneys, Grenen & Birsic, P.C., and files the within Motion for Special Service of Notice of Sale of Real Property Pursuant to Special Order of Court, under Pennsylvania Rule of Civil Procedure 430 as follows: On or about November 23, 1999, Plaintiff entered Default Judgment against Defendant, Velma M. Hawbaker in this action in the amount of $97,869.28 and for foreclosure and sale of the mortgaged premises. 2. On or about February 23, 2000, Plaintiff filed with the Prothonotary a Praecipe for Writ of Execution on the judgment in this action. 3. In accordance with Pa. Rule of Civil Procedure 3129, on February 23, 2000, Plaintiff mailed Velma M. Hawbaker a true and correct copy of Plaintiff's Notice of Sheriff Sale by certified mail, return receipt requested to her last known address, being 606 Sandbank Road, Mount Holly Springs, PA 17065 however, the certified mail was returned to Plaintiff marked "moved, left no forwarding address." 4. Pursuant to a prior Court Order issued for Defendant, Gary L. Hawbaker, the property was posted with the Notice of Sheriffs Sale and the Notice was published in the Cumberland Law Journal and the Valley Times-Star. 5. An Affidavit of the Plaintiff stating the nature and extent of the investigation which has been made to determine the whereabouts of Defendant, Velma M. Hawbaker, is marked Exhibit "A", attached hereto and made a part hereof WHEREFORE, Plaintiff respectfully requests that this Honorable Court direct the Plaintiff to serve Defendant, Velma M. Hawbaker, by mailing a true and correct copy of the Notice of Sheriff Sale by first class mail, postage pre-paid to 606 Sandbank Road, Mt. Holly Springs, PA 17065. Service on the Defendant shall be deemed complete and valid upon mailing by the Plaintiff. Respectfully submitted, GRENEN & BIRSIC,, P.C. BY: Kristine M. Faust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY ) Plaintiff, vs. ) GARY L. HAWBAKER and ) VELMA M. HAWBAKER ) Defendants. CIVIL DIVISION NO.: 99-4406 AFFIDAVIT PURSUANT TO PA. R.C.P. 430 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Faust, Esquire, of GRENEN & BIRSIC, P.C., attorneys for Plaintiff, deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts ofthe Defendant, Velma M. Hawbaker, named in the above-captioned matter: On June 6, 2000, Plaintiffmailed to the United States Postmaster at Mt. Holly Springs, PA, Pennsylvania 17065, a certain Request for Change of Address or Boxholder Information Needed for Service of Legal Process for Velma M. Hawbaker. 2. On or about June 14, 2000, Plaintiff received a response from the United States Postmaster at Mt. Holly Springs, PA 17065 indicating that Defendant moved and left no forwarding address. A true and correct copies of said response is marked Exhibit "1 ", attached hereto and made a part hereof. A search of a nationwide computer database confirmed Defendant, Velma M. Hawbaker's address as 606 Sandbank Road, Mount Holly Springs, PA 17065. 4. A search of the Voter's Registration records for Cumberland County indicated that Velma M. Hawbaker is not registered to vote. 5. An examination of the Cumberland County telephone directory showed no listing for Velma M. Hawbaker. 6. Finally, affiant deposes and says that the Defendant's last known address was 606 Sand Bank Road, Mt. Holly, PA 17065. Krist a M. Faust, Esquire SWORN TO AND SUBSCRIBED BEFORE ME THIS t-))AY OF I-Y F11 e ,? , 2000. NOTARY PUBLIC N taria .'IGiBfII PYbIIO I i K: msip POW= 11'61q uy ?!.siaeJu182,ty20ai ml . gill. 'imMig" OtN0lAlt: Exhibit "I" Date 6/6/00 Postmaster Mt. Holly Springs, PA 17065 I 0 270 City, State, ZIP Code Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a box holder) for the following: Name: Velma M. Hawbaker Address:_ 606 Sand Bank Rd.. Mt Holly Springs PA 17065 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 165.6(d)(8)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g., process server, attorney, party representing himself): Paralegal 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): 3. The names of all known parties to the litigation: IMC Mortgage Company v. Hawbaker, et al. 4. The court in which the case has been or will be heard: Court of Common Pleas of Pennsylvania of Cumberland County 5. The docket or other identifying number if one has been issued: 99-4406 6. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAINAND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO 310,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of le I process in connection with actual or prospective litigation. GRENEN & BIRSIC, P.C. Signa One Gateway Center, Nine West Cheryl L. Hough. Paralegal Pittsburgh, PA 15222 Printed Name (412) 281-7650 FOR POST OFFICE USE ONLY - No change of address order on file. POSTMARK _ Not known at address given. NEW ADDRESS OR BOXHOLDER'S NAME and STREET ADDRESS ? Moved, left no forwarding address No such address. i CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Motion for Service of Notice of Sale of Real Pr perty Pursuant to Special Order of Court was mailed to the following on this (" day of 2000, by first class, U. S. Mail, postage pre-paid: Velma M. Hawbaker 606 Sandbank Road Mt. Holly Springs, PA 17065 GRENEN & BIRSIC, P.C. Kristine M. Faust, squire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Y f!1 Y 4Y; n; U: - v o U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY CIVIL DIVISION Plaintiff, Vs. GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants. NO.: 99-4406 TYPE OF n o r_ c-, I MOTION FOR SERVICE OF' NOTICE OF SALE OF:REA& A PROPERTY PURSUANT TO SPECIAL ORDER OF COURT CODE- FILED ON BEHALF OF: IMC Mortgage Company, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa.I.D.#77991 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 Finn #023 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY Plaintiff, vs. GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants. CIVIL DIVISION NO.: 99-4406 n o -, TYPE OF PLEADING:-;,; MOTION FOR SERVICE'.OF ` NOTICE OF SALE OF PROPERTY PURSUAN TO SPECIAL ORDER OF SOW CODE- FILED ON BEHALF OF: IMC Mortgage Company, Plaintiff COUNSEL OF RECORD FOR TIES PARTY: Kristine M. Faust, Esquire Pa.I.D.#77991 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 Firm #023 (412) 281-7650 'q f TM:M1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY Plaintiff, vs. GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants. CIVIL DIVISION ? o NO.: 99-4406 = : F-, is TYPE OF PLEADING:. G' MOTION FOR SERVICE:OF in NOTICE OF SALE OF REAL PROPERTY PURSUANT TO SPECIAL ORDER OF COURT CODE- FILED ON BEHALF OF: IMC Mortgage Company, Plaintiff COUNSEL OF :ZECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa.I.D.#77991 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 Finn #023 (412) 281-7650 n_ ;i CASE NO: 1999-04406 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IMC MORTGAGE COMPANY VS. HAWBAKER GARY L ET AL :I')- p' a iT'iS: R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: HAWBAKER GARY L - but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named defendant HAWBAKER GARY L DEFT. NO LONGER RESIDES AT ADDRESS STATED, NO FORWARDING, RETURN NOT FOUND AS PER ATTY 8/19/99. Sheriff's Costs: So answe s: Docketing 6.00 Not Found 5.00?`??? Affidavit ine, eri Surcharge 8.00 $$ fir' omas $TT? 08/N9/1999IRSIC Sworn and subscribed to before me this /9 6 day of 199q A.D. Qz .? Q 7?ee?-?- ?, ro 0 o ary? CASE NO: 1999-04406 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IMC MORTGAGE COMPANY VS. HAWBAKER GARY L ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HAWBAKER VELMA M the defendant, at 15:35 HOURS, on the 13th day of August 1999 at 606 SAND BANK ROAD MT HOLLY SPRINGS, PA 17065 CUMBERLAND County, Pennsylvania, by handing to VELMA HAWBAKER a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 4.34 Affidavit .00 Surcharge 8.00 R-T' omas Kline, S ri $3U:37q GRENEN & BIRSIC 08//19//1999 by Sworn and subscribed to before me this jel? day of 1999 A. D. fro ono +ono + n?+ L " e?p4LY- 5 er ?? OCT 9 ,5 199?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY, Plaintiff, VS. GARY L. HAWBAKER and VELMA M.. HAWBAKER, Defendants, CIVIL DIVISION NO.: 99- 4406 ORDER OF COURT AND NOW, to wit, this .27611 day of ??( fdf tl 1999, upon consideration of the within Motion for Special Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED AND a.WRwft6 DECREED that Plaintiff is hereby direeted to serve Defendant, with a true and correct copy of Plaintiffs Complaint, by causing the Sheriff of Cumberland County to post the real property, being d,iReafee 606 Sand Bank Road, Mount Holly Springs, Pennsylvania 17065, and Plaintiff is permitted to serve Defendant, by certified mail, return receipt requested and by first class mail, postage pre-paid at 606 48 .?- &&I -? ? c.1 Sand Bank Road, Mount Holly Springs, Pennsylvania 17065. Service on the Defendant shall be PJ&W;La'?i00) qW. deemed complete and valid upon such posting and mailing by the Plaintiff. BY THE CO J. I Ito, s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY, Plaintiff, Vs. GARY L. HAWBAKER and VELMA M. HAWBAKER, Defendants, NO.: 99-4406 TYPE OF PLEADING: MOTION FOR SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT ON GARY L. HAWBAKER CODE- FILED ON BEHALF OF: IMC Mortgage Company, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, Esquire Pa.I.D.#74950 Kristine M. Faust, Esquire Pa.I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 Firm #023 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY, ) CIVIL DIVISION Plaintiff, ) NO.: 99-4406 VS. ) GARY L. HAWBAKER and ) VELMA M. HAWBAKER, ) Defendants, ) MOTION FOR SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT AND NOW, comes the Plaintiff, IMC Mortgage Company, by and through its attorneys, Grenen & Birsic, P.C., and files the within Motion for Special Service of Civil Action - Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, under Pennsylvania Rule of Civil Procedure 430 as follows: 1. On July 21, 1999, Plaintiff filed a Civil Action, Complaint in Mortgage Foreclosure against the Defendant, Gary L. Hawbaker, at the above term and number. 2. Plaintiff delivered to the Sheriff of Cumberland County, Pennsylvania a copy of the Civil Action, Complaint in Mortgage Foreclosure, with instructions that it be served upon Defendant, Gary L. Hawbaker and Velma M. Hawbaker, at their last known address being 606 Sand Bank Road, Mount Holly Springs, Pennsylvania 17065. True and copies of the Directions to Sheriff are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about August 17, 1999, the Sheriffs Office at Cumberland Coutny advised Plaintiff that service was made on Velma M. Hawbaker at said address on August 13, 1999, but that no service was made on Gary L. Hawbaker. 4. An Affidavit of the Plaintiff stating the nature and extent of the investigation which has been made to determine the whereabouts of Defendant, Gary L. Hawbaker, is marked Exhibit "B", attached hereto and made a part hereof. WHEREFORE, Plaintiff respectfully requests that this Honorable Court direct the Sheriff of Cumberland County to post a copy of the Complaint on the property at 606 Sand Bank Road, Mount Holly Springs, PA 17065, and permit the Plaintiff to serve Defendant, Gary L. Hawbaker, by mailing a true and correct copy of the Complaint by certified mail, return receipt requested and by first class mail, postage pre-paid to 606 Sand Bank Road, Mount Holly Springs, PA 17065. Service of the Complaint shall be deemed complete and valid upon posting and mailing by the Plaintiff. GRRENEN & BIRSIC, P.C. BY: ?_/ Ki y J. Hong, Esquire Kristine M. Faust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Exhibit "A" f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY, CIVIL DIVISION Plaintiff, Vs. GARY L. HAWBAKER and VELMA M. HAWBAKER, Defendants. NO.: Please serve Defendant, Gary L. Hawbaker or an adult family member with whom he resides or an adult person in charge of the residence at 606 Sand Bank Road, Mt. Holly Springs, Pennsylvania 17065 with the Complaint in Mortgage Foreclosure. Kimberly J. Hong, Esquire Michael C. Eisen, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY, CIVIL DIVISION NO.: Plaintiff, Vs. GARY L. HAWBAKER and VELMA M. HAWBAKER, Defendants. Please serve Defendant, Velma M. Hawbaker or an adult family member with whom she resides or an adult person in charge of the residence at 606 Sand Bank Road, Mt. Holly Springs, Pennsylvania 17065 with the Complaint in Mortgage Foreclosure. 16m? 9 ?? Kimberly J. Hong, Esquire Michael C. Eisen, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 ExtW `F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY, ) CIVIL DIVISION Plaintiff, ) NO.: 99-4406 VS. ) GARY L. HA WBAKER and ) VELMA M. HAWBAKER, ) Defendants, ) AFFIDAVIT PURSUANT TO PA. R.C.P. 430 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kimberly J. Hong, Esquire, of GRENEN & BIRSIC, P.C., attorneys for Plaintiff, deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of the Defendant, Gary L. Hawbaker, named in the above-captioned matter: On or about October 6, 1999, Plaintiff mailed to the United States Postmaster at Mount Holly Springs, Pennsylvania 17065, a certain Request for Change of Address or Boxholder Information Needed for Service of Legal Process ('Requests") for Defendant, Gary L. Hawbaker. 2. On or about October 15, 1999, Plaintiff received a response from the aforementioned United States Postmaster stating that the Defendant had moved and left no forwarding address. A true and correct copy of said response is marked Exhibit "1 ", attached hereto and made a part hereof. 3. A search of a nationwide computer database found a current address of 606 Sand Bank Road, Mount Holly Springs, PA 17065 for Defendant, Gary L. Hawbaker. 5. The Defendant is not listed in the Cumberland Area telephone directory. G. A search of the Cumberland County Voter Registration records revealed that the Defendant is not registered to vote in Cumberland County Finally, affiant deposes and says that the exact whereabouts of the Defendant, Gary L. Hawbaker, remain unknown to Plaintiff. 4fi?e-rly J. ? . Hong, squire Kristine M. Faust, Esquire SWORN to this e m99. N T ,« 1 n biy Cirtt, wn LxF, -i ..?„ BM T Postmaster `SS City, State, Zip ode S rl 1 ? CIoS Date IO _L-C) C t Request for Change of Address or Boxholder Information Needed for Service or Legal Process Please furnish the new address or the name and street address(if boxholder) for the following: Name. t ,r . t 1 ?n l?^ lac r- Address: (rCln ? ?? NOTE: The name and the last known address are required for change of address information . The name, if known, and Post Office Box address are required for Boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(8)(h). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: (e.g. process server, attome party representing himself.) 0- X. bramte or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se= except corporation acting pro se must cite: 3_The names of all known patties to the litigation: The court in which the case or will be 5. The docket or other identifying number if one is issued: c101- L4-A O (o 6. The capacity in which this individual is to be served:(e.g. efendant r witness.) WARNING The submission of false information to obtain and use change of address information or boxholder information for any purpose other than the service or legal process in connection with actual or prospective litigation could result in penalties including a fine up to $10,000.00 or imprisonment or (2) To avoid payment of the fee for change of address information of not mote than (fitlel8 U.S.C. Section 1001. I certify that the above information is true and that the change of address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Grenen & Birsic P C Signatur Address One Gateway Center, Nine West InrrtS City, State, Zip Code Pittsburgh. PA 15220 FOR POSTOFFICE ONLY Not known at address give. Moved, left no forwarding address. _ No such address. No Change of address order on file. Name and Street address i •? 1 CERTIFICATE, OF SERVICE. The undersigned hereby ccrti ties that a true and correct copy of the within Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court was mailed to the ,r following on this 30 day of r l?,c z 1999, by first class, U.S. Mail, postage pre-paid: Gary L. Hawbaker 606 Sand Bank Road Mount Holly Springs, PA 17065 GRENEN & BIRSIC, P.C. Ki rly J. Hong, s ire Kristine M. Faust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY, ) CIVIL DIVISION Plaintiff, ) NO.: 99- 4406 VS. ) GARY L. HAWBAKER and ) VELMA M.. HAWBAKER, ) Defendants, ) ORDER OF COURT AND NOW, to wit, this day of 1999, upon consideration of the within Motion for Special Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff is hereby directed to serve Defendant, with a true and correct copy of Plaintiff s Complaint, by causing the Sheriff of Cumberland County to post the real property, being 606 Sand Bank Road, Mount Holly Springs, Pennsylvania 17065, and Plaintiff is permitted to serve Defendant, by certified mail, return receipt requested and by first class mail, postage pre-paid at 606 Sand Bank Road, Mount Holly Springs, Pennsylvania 17065. Service on the Defendant shall be deemed complete and valid upon such posting and mailing by the Plaintiff. BY THE COURT: CJ? i_7 1111 - CV F C._ C: p C - C7 cn 1 v? r, AUG 8 20?? I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY )CIVIL DIVISION Plaintiff, )NO.: 99-4406 Vs. ) GARY L. HAWBAKER and ) VELMA M. HAWBAKER ) Defendants ) ORDER OF COURT AND NOW, this 5 day of 2000, upon consideration of the Motion to Continue Sheriffs Sale and Dispense With New Notice Pursuant to Pennsylvania Rule of Civil Procedure 3129.3(a) by Plaintiff, PNC Bank, National Association, it is hereby ORDERED, ADJUDGED and DECREED that the Sheriffs Sale scheduled for September 9, 2000, is continued until December 6, 2000, in the Cumberland County Sheriffs Office, and the requirement that advertisement be made and new notice be provided to Defendant, Lienholders or other interested parties according to Pennsylvania Rule of Civil Procedure 3129.2 is hereby waived. The Sheriff shall make an appropriate announcement of the continuance of the Sheriffs Sale on September 9, 2000, at 10:00 a.m. Plaintiff shall serve Defendant, with Notice of new sale date via Certified Mail, return receipt requested. ?4. ?il IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY Plaintiff, vs. GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants. )CIVIL DIVISION )NO.: 99-4406 )ISSUE NO.: )TYPE OF PLEADING: )MOTION TO CONTINUE SHERIFF'S SALE )AND DISPENSE WITH NEW NOTICE )PURSUANTTO PENNSYLVANIA RULE OF )CIVIL PROCEDURE 3129.3(a) )FILED ON BEHALF OF PLAINTIFF: )IMC MORTGAGE COMPANY )COUNSEL OF RECORD FOR THIS PARTY: )Kristine M. Faust, Esquire )Pa. I.D. #77991 )GRENEN & BIRSIC, P.C. )Firm #023 )One Gateway Center )Nine West )Pittsburgh, PA 15222 )(412) 281-5197 Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY )CIVIL DIVISION Plaintiff, )NO.: 99-4406 vs. ) GARY L. HAWBAKER and ) VELMA M. HAWBAKER ) Defendants ) MOTION TO CONTINUE SHERIFF'S SALE AND DISPENSE WITH NEW NOTICE PURSUANT TO PENNSYLVANIA RULE OF CIVH. PROCEDURE -312-9--3-U2 Plaintiff, IMC Mortgage Company, by its Attorneys, Grenen & Birsic, P.C., files this Motion to Continue Sheriffs Sale and Dispense With New Notice pursuant to Pennsylvania Rule of Civil Procedure 3129.3(a) as follows: 1. On or about November 23, 1999, Plaintiff obtained a judgment in Mortgage foreclosure against the Defendants at the above-captioned number and term. 2. Pursuant to such judgment, the Plaintiff caused the mortgaged premises to be scheduled for sale by the Sheriff of Cumberland County on June 7, 2000. 3. The Sheriff of Cumberland County continued the sale ofthe mortgaged premises from June 7, 2000, to September 9, 2000, at the request of Plaintiff. A true and correct copy of the letter from Plaintiffs counsel to the Sheriff of Cumberland County regarding continuance of the sale is attached hereto marked as Exhibit "A". 4. Pursuant to Pennsylvania Rule of Civil Procedure 3129.3(a), new notice is required to be given as provided in Pennsylvania Rule of Civil Procedure 3129.2(a), if a sale of real property is stayed, continued, postponed or adjourned, "except as provided in subdivision (b) or by special .A Order of the Court". 5. Plaintiff requires additional time prior to the Sheriffs Sale to obtain service on the Defendant, Velma M. Hawbaker. Plaintiff requests the Sheriffs Sale scheduled for September 9, 2000, to be continued pursuant to Pennsylvania Rule of Civil Procedure 3129.3(a) to December 6, 2000, and the requirement that advertisement be made and new notice be provided to Defendants, Lienholders or other interested parties be waived. 7. If this Motion is granted, Plaintiff will direct the Sheriff of Cumberland County to announce the continuance of the Sheriffs Sale pursuant to this Court's Order. 8. Plaintiff will serve Defendant, Velma M. Hawbaker with notice of new sale date via certified mail, return receipt requested. WHEREFORE, Plaintiff, IMC Mortgage Company, requests this Honorable Court enter a special Order of Court pursuant to Pennsylvania Rule of Civil Procedure 31293(a) continuing the Sheriffs Sale scheduled for September 9, 2000, until December 6, 2000 at 10:00 a.m. and dispense with requirement that advertisement be made and a new notice be provided to Defendant, Lienholders or other interested parties according to Pennsylvania Rule of Civil Procedure 3129.2. GRENEN & BIRSIC, P.C BY: =--(c1?'?dGCL[7-ate Kristine M. Faust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-5197 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Motion to Continue Sheriffs Sale and Dispense With New Notice Pursuant to Pennsylvania Rule of Civil Procedure 3129.3(a) was mailed to the following on this 1414. day of •a r ? , 2000, by first class, U. S. Mail, postage pre-paid: Z ?`' Gary L. Hawbaker 606 Sand Bank Road Mt. Holly Springs, PA 17065 Velma M. Hawbaker 606 Sand Bank Road Mt. Holly, PA 17065 Brian G. McKenzie Five Park Street Mt. Holly Springs, PA17065 GRENEN & BIRSIC, P.C. BY: Z-16 Lit el) Krist ne M. Faust, Esquire Attorneys for Plaintiff One Gateway Center-Nine West Pittsburgh, PA 15222 (412) 281-5197 •?. , >_ (" ?: iLi<:; C>,' }._:; .' ? :,? ?! ?^ ' !Lr l.. `?!„ ti: CU (f) ? C\ ?': ?i :r _ (. )_; ?` ._ ? J ?i7 J -.:? (? f..! i, ? L ?= = 4 O -? ? U MAR 2 4 20?.\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY ) CIVIL DIVISION Plaintiff, ) NO.: 99-4406 vs. ) GARY L. HAWBAKER and ) VELMA M. HAWBAKER ) Defendants. ) ORDER OF COURT AND NOW, to wit, this day of / r I 04-e? 12000, upon consideration of the within Motion for Special Service of Notice of Sale of Real Property Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff is hereby directed to serve Brian G. McKenzie with a true and correct copy of Plaintiff's Notice of Sale by first class mail, postge pre-paid at Five Park Street, Mt. Holly Springs, PA 17065 O- j 121 P'.% --)C- er5 Service on Brian G. McKenzie shall be deemed complete and valid upon such mnift by the Plaintiff. BY THE CO J. ??d?.e.l .E. Cw: de V • vas P a k f i,01"G 2;3 ?110: L FEv: ? rl';:r;ln IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY Plaintiff, CIVIL DIVISION NO.: 99-4406 vs. GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants. TYPE OF PLEADING: MOTION FOR SERVICE OF NOTICE OF SALE OF REAL PROPERTY PURSUANT TO SPECIAL ORDER OF COURT CODE- FILED ON BEHALF OF: IMC Mortgage Company, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa.I.D.#77991 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 Firm #023 (412)281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY ) Plaintiff, ) VS. ) GARY L. HAWBAKER and ) VELMA M. HAWBAKER ) Defendants. CIVIL DIVISION NO.: 99-4406 MOTION FOR SERVICE OF NOTICE OF SALE OF REAL PROPERTY PURSUANT TO SPECIAL ORDER OF COURT AND NOW, comes the Plaintiff, IMC Mortgage Company, by and through its attorneys, Grenen & Birsic, P.C., and files the within Moton for Special Service of Notice of Sale of Real Property Pursuant to Special Order of Court, under Pennsylvania Rule of Civil Procedure 430 as follows: On November 24, 1999, Brian G. McKenzie purchased the property of Gary L. Hawbaker and Velma M. Hawbaker from the Tax Claim Bureau of Cumberland County at a Tax Sale. His address at that time was 5 Park Street, Mt. Holly Springs, PA 17065. A true and correct copy of the Tax Claim Bureau Deed is marked Exhibit "A", attached hereto and made part hereof. In accordance with Pa. Rule of Civil Procedure 3129, on February 22, 1999, Plaintiff mailed Brian G. Mckenzie a true and correct copy of Plaintiffs Notice of Sheriff Sale by certified mail, return receipt requested to his last known address, being 5 Park Street, Mt. Holly Springs, PA 17065. However, Plaintiff has received no response for the certified mail which was sent to him, nor has it been returned for any reason. 4. An Affidavit of the Plaintiff stating the nature and extent of the investigation which has been made to determine the whereabouts of owner, Brian G. McKenzie, is marked Exhibit "B", attached hereto and made a part hereof. WHEREFORE, Plaintiff respectfully requests that this Honorable Court direct the Plaintiff to serve owner, Brian G. McKenzie, by mailing a true and correct copy of the Notice of Sheriff Sale by first class mail, postage pre-paid to 5 Park Street, Mt. Holly Springs, PA 17065. Service on the owner shall be deemed complete and valid upon mailing by the Plaintiff. Respectfully submitted, GRENEN & BIRSIC, P.C. BY: '- Krist "e. Faust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 EXHIBIT "A" 61-2e-66 12157C I • - It r - , t1?SR7 PRIOR RAIi?.;:•. ?? ?, .. .. _ .' ''c?tt Maim ?ur???t ??e? '.?? This. , . 33L'PD Melt ehla .^.._..-,R4RLl.__....., b. day or bee-ten the TAX CLAIM BURR AU, eI he Cowry of Combalmd. P+I,itylraFle, or 7nyUe. GRANTOR, wd _, .Isiah G. HeRen.har MeZlloll??ii???erou??e?-• _•..._.-•.--•.-r??SIb.RL1.6R11..FRMBtYa___..•?._.._._.__...._..__.... -_•-_.._..._ PRIUMIldh, that In consideration al g„.><,316.67„ in hand paid, receipt .hovel, F hereby eohnewled6d, the yid Crytnr door heresy Rem ad ee.•p moo the yid Cnntee...hi.A.._ 11-11. and 1yfRns. the>.cartai. Nemtye title,, in CumbetlenA County, Pennsylvania, +a follows . Rae AppenJfe A for Legal 0t4erl Ption sparser > leveled omr w nmmad to sold secure . Cap L. d Pale it. 111beher 606 R6ndb soh Read Mt. Fully ?inge, PA 17063 the urea having boon teal by she Tae all, Bureau to the yiid Rnnlw, en th t n.y of due liters ,- Are. bominl one thwynd nine hundred and AIAARSY.'AdRR aft-e1 r due admeW,nml aunrding to IoM, the period of redemption for the •-t>...., h .I. eeplred tat at the praparty having been rmNrm Rant of Vet t, A pay, bean entered eRl,lnsl the deseribed n eel ?. or any ty ?IldRemwU hereby'' ,IN s etl b-10 Mrnsetdde4 w na eRetanul to a ch? or of tFr Mthin desen6ed Plot; It or n bee nlor rrmainfnIr In pouorebn ofe g o Of the whhM described real aeuF no I I?irl? ly^ ydabtnfnr, by Upset Ild" Sol., a order and by NNw of the Aas of 1917 91. 1760 (Rey Estill To St4 pre , s:, m ' r - l" 1211 AOittu Nhermf, said Censor het heAureo caused this Used to be uec$$d It m m Uiraetur the alp Red year hoe above tow miuw, >J; irs Signed, Suted and D.livered TAX CLAIM BURRAU OF In the pleaenea of: CUMBERLAND COUNTY PENNSYLVANIA. TRl STES tsHAL1 COMMONWIIAI,TH OF PENNSYLVANIA ) Director - COUNTY OF CIlMjIpHLA),,B On 'ilia. the -_«._...-.3,._._-.„,_.._... Aq of-._....?` before me. the Pmlhwotar of the +'?'""°"^_^^-• 10,$9 Q- V 1111s yY C,,nty of Cumberland. th, urdeyip d other, personally appealed Cnmberlant( Cumnlnnnuilh-of Penn Irwb, bnnwn lal u, rlbr 11r ` Claim Bnr,w (the County 21 to Inelruny , d ••? ••+-•• penn dryrib,d In the lore OR ,,?p?rtalerledged that he arrmnW ,he .+nm In IM a+y,clry sherNn eyed ,sod l.r the ill, Wau a, 41 .tvlt' Llw per- yY '. n(ftRldf, I her, hereunto out one hand and nmtisl wet, ?._. ?.t.......... .'. movilim . 6rr118ntr of ilrel0enrr .,:I hR,re?'t r ! u preeis. midumt of the lontw hoeln I. a loll Ric,.-NnKR•Ba6R..:i.tarh-.OtcRRa,..H.c...IiP1.Iz...Hd.UBaR,..?:! _IbRbs _...._..____. D)Hl! 212 Man c TfleY, Aultane Rotlelcer, Cunbnrlend County , We got this FAX an ServerA at: 01/28/2000 01:02PM Page: 2 • 11017 P.00 APPENDIX "A" LEGAL DESCRIPTION TRACT OI yit ? Cs+ .: ALL THAT CERTAIN tract of 'and situate in South Middleton Township, • ii ?' %o ' ' - ' Cumberland County, Pennsylvania. bounded and described n follows, per compass • +.S s " sumeyof1955: , ^•:Si ?? •e ?q;,;. ;?: BEGINNING at a point in the Public Road leading from Mount Holly Springs to • Mountain View, said point being approximately 17.5 feet Ent oflhe center line extended ' • t?.. i ` ! ', ' of a farm lane leading Nunhwardly from said road; thence by land now or formerly of John E. Maurice, at al., and pnallcl with said firms have, North 5. degrees Wen 185 feet. more or less, to an iron pin; thence by the some. South 82 degrees 50 minutes East 100 feet to an icon pin; thence by the same, South 5 degrees Ent 185 feet, more or less, to a 's point in the aforesaid road; thence in said road, Nonh 82 degrees 50 minutes West 100 m A feet to the place of Beginning. THE above described premises her thereon erected a dwelling house known and numbered 606 Sand Bank Road. M1 _ TRACT 02 ALL that certain triangular tract of Iand situate in Soulh Middleton Township, Ct mberland County, Pennsylvania, bounded and described n follows: BEGINNING at a point in the center of the public road leading from Mount Holly Springs to Mountain View; thence by land of Tract n t hemin, North 5 degrees West 190 d wir h f l G H i l f R ; yes'' en r an e, and now or ormer y o . a , thence by o feet, more or less, to a point . South 82 degrees 50 minutes Ent 39.7 feet to tat Iron pin; thence by land now or formerly of John E. Maurice et as. South 7 degrees 10 minutes West 197 feet, more or gn: less, to the Platt of Beginning. TRACT 01 and 82 being the same premises which, Clair W. Stamer, Sr. and Joann A. Starna, his wife, by deed dat rte I, 1979 and recorded in the Office of the Recorder of Deeds for Cumberland County in Carlisle, Perwylvanis, in Deed Book "L•", Volume 28, Page 489, granted and con ed to Gary L. and Velma M. Hawbaker, his wife, Grantors herein. V's Parcel Number. 40.32.2354.008 _ r )i g .z OVJA %1? f;vi Sf?7 ? F. , . • t`'? •; lit .x?-:, _ for w 'wx}n rrrrq re/ We )hy 1.1, *'06 O ?enrw dr r..•nratr°"/e. d a. t3 ??oqr-'^r pry ... yr, .•^ey°/° ?)^a?y (? bn(MbgA. rM ?"'t 4u°?%r q?pYhxo?. O Cablgatl?9ngegerbn n1gAaq.ay a/ogyry4aq ?y Oq?1'+a9 O Spry (ArbrA ? e/ Mrau Wx ?Oq M„? rrq epe° e'b^Ger '".+iq/ire e0•h?? allNOrr °?1 CeRy,: e ° Os yr q q x y air ?Nh, d.,? /Ot 0°iOOi. , r.?rs rr•roi? b M1'0.r D'I M°ngaq° tPo} Hr. ? hrd'e+a, a dryt p,'r by (O° a,4a jean °rn UcY ai ° ???..? N? "?_'.n://t` a-,ri. d?/yorr r"e°e°q! °"i.N. °eo•Qri.-? r4 gaore EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY Plaintiff, vs. GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants. CIVIL DIVISION NO.: 99-4406 AFFIDAVIT PURSUANT TO PA. R.C.P. 430 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Faust, Esquire, of GRENEN & BIRSIC, P.C., attorneys for Plaintiff, deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of the owner, Brian G. McKenzie, named in the above-captioned matter: I . On February 29, 2000, Plaintiff mailed to the United States Postmaster at Mt. Holly Springs, PA, Pennsylvania 17065, certain Requests for Change of Address or Boxholder Information Needed for Service of Legal Process for Brian G. McKenzie. 2. On or about March 3, 2000, Plaintiff received a response from the United States Postmaster at Mt. Holly Springs, PA 17065 that there is no change of address order on file. True and correct copies of said responses are marked Exhibit "1 ", attached hereto and made a part hereof. 3. A search ofa nationwide computer database did not reveal any additional information. 4. A search of the Voter's Registration records for Cumberland County indicated that Brian G. McKenzie is not registered to vote. 5. An examination of the Cumberland County telephone directory showed no listing for Brian G. McKenzie. 6. Finally, affiant deposes and says that the whereabouts of Brian G. McKenzie, is believed to be at 5 Park Street, Mt. Holly Springs, PA 17065. Kristine M. Faust, Esquire SWORN TO AND SUBSCRIBED BEFORE ME THIS /7"DAY OF 2000. NOTARY PUBLIC Ir Notarial Seal .cathleen L. Booher. Notary Public Pittsburgh, Allegheny County ...w!,n,lssion Expires Dec. 18. 2000 ..,... .6iCid L. M FL..;ibs Exhibit "1" City, State, Zi C de Request for Change of Address or Boxholder Information Needed for Service or Legal Process Please furnish the new address or the name and street address(if boxholder) for the following: Name: Sy/IQ o G. M C f er)? * e Address: F,Ye, '?arl? A NOTE: The name and the last known address are required for change of address information . The name, if known, and Post Office Box address are required for Boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(8)(h). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 265.6(d)(1) and (2) and corresponding Administrative Support bfanual 352.44a and b. 1. Capacity of requester: (e.g. process server attomey, parry representing himself.) 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se= except corporation acting pro se must cite: ?i ,Eluwb&vcr 5. The docket or other identifying number if one is issued: 59- 4M a 6. The capacity in which this individual is to be served:(e.g. efendan or witness.) WARNIi iG The submission of false information to obtain and use change of address information or boxholder information for any purpose other than the service or legal process in connection with actual or prospective litigation could result in penalties including a fine up to $10,000.00 or imprisonment or (2) To avoid payment of the fee for change of address information of not mote than (Title 18 U.S.C. Section 1001. I certify that the above information is true and that the change of address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Grenen & Rirsic. P..C. Address One Gateway Center, Nine West City, State, Zip Code Pittsburgh. PA 15222 FOR POSTOFFICE ONLY Not known at address give. Moved, left no forwarding address. Name and Street address No such address. No Change of address order on file. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY Plaintiff, VS. GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants. CIVIL DIVISION NO.: 99-4406 ORDER OF COURT AND NOW, to wit, this day of 2000, upon consideration of the within Motion for Special Service of Notice of Sale of Real Property Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff is hereby directed to serve Brian G. McKenzie with a true and correct copy of Plaintiffs Notice of Sale by first class mail, postage pre-paid at Five Park Street, Mt. Holly Springs, PA 17065. Service on Brian G. McKenzie shall be deemed complete and valid upon such mailing by the Plaintiff. BY THE COURT: CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Motion for Service of Notice of Sale of Real Property Pursuant to Special Order of Court was mailed to the following on this Iq_ lday of?_ 2000, by first class, U.S. Mail, postage pre-paid: Brian G. McKenzie Five Park Street Mt. Holly Springs, PA 17065 GRENEN & BIRSIC, P.C. r Kristine A4. Faust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 F- J W?? 1 t.u . F ??]Ci 4. O A= CD (? SHERIFF'S RETURN - REGULAR CASE NO: 1999-04406 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IMC MORTGAGE COMPANY VS. HAWBAKER GARY L ET AL DAWN KELL , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE (REINSTATED) was served upon HAWBAKER GARY L the defendant, at 14:37 HOURS, on the 29th day of November 1999 at 606 SAND BANK ROAD MT HOLLY SPRINGS, PA 17065 CUMBERLAND County, Pennsylvania, by handing to POSTED PROPERTY AT ABOVE a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 4.34 POSTING 6.00 Surcharge 8.00 ?s $3b. _3 21-1RENEN &99IRSIC by nu.`yl epu y eri Sworn and subscribed to before me this _ day of 199_ A. D. L -')., "9-0 _ d aT' rocnonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Caption: IMC Mortgage Company VS. Gary L. Hawbaker and Velma M. Hawbaker TO THE PROTHONOTARY OF THE SAID COURT: Amount Due _$97,869.28 Interest $ 5.870.02 Atty's Comm Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) Please see attached legal description PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or contrcl of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date Signature: ll i Print Name: Kristine M. Faust. Esq. Address: One Gateway Center, Nine WEst Attorney for: Plaintiff Telephone: (412) 281-7650 Supreme Court ID No.: PA 77991 (over) PRAECIPE FOR WRIT OF EXECUTION ( ) Confessed Judgment ( ) Other File No. 99-4406 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY NO.: 99-4406 Plaintiff, VS. GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, per compass survey of 1955: BEGINNING at a point in the Public Road leading from Mount Holly Springs to Mountain View, said point being approximately 17.5 feet East of the center line extended of a farm land leading Northwardly from said road; thence by land now or formerly of John E. Maurice, et at., and parallel with said farm lane, North 5 degrees West 185 feet, more or less, to an iron pin; thence by the same, South 82 degrees 50 minutes East 100 feet to an iron pin; thence in said road, North 82 degrees 50tm 185 feet, minutes West 100 feet toothe place of BEGINNING. ;thence the same, South 5 degrees a point in the THE above described premises has thereon erected a dwelling house known and numbered 606 Sand Bank Road. TRACT #2 ALL that certain triangular tract of land situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the public road leading from Mount Holly Springs to Mountain View; thence by land of Tract #1 herein, North 5 degrees West 190 feet, more or less, to a point; thence by land now or formerly of Robert G. Hair and wife, South 82 degrees 50 minutes East 39.7 feet to an iron pin; thence by land now or formerly of John E. Maurice et ux, South 7 degrees 10 minutes West 187 feet, more or less, to the Place of Beginning. BEING the same premises which Tax Claim Bureau of the County of Cumberland, Pennsylvania, by Deed dated November 24, 1999 and recorded in the Office of the Recorder of Deeds of Cumberland County on December 3, 1999 in Deed Book 212, Page 586, granted and conveyed unto Brian G. McKenzie. GRENEN & BIRSIC, P.C. By;Cl?[ i ( LCi" Kristine M. aust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No.: 40-32-2334-008 L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY Plaintiff, NO.: 99-4406 vs. GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY IMC Mortgage Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Brian G. McKenzie located at 606 Sandbank Road, Mt. Holly Springs, PA 17065 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF BRIAN G. MCKENZIE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON TOWNSHIP, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 606 SANDBANK ROAD, MT. HOLLY SPRINGS, PA 17065. DEED BOOK VOLUME 212, PAGE 586, AND PARCEL NUMBER 40-32-2334-008. 1. The name and address of the owner(s) or reputed owner(s): Brian G. McKenzie Five Park Street Mt. Holly Springs, PA 17065 2. The name and address of the defendants in the judgment: Gary L. Hawbaker and Velma M. Hawbaker 606 Sandbank Road Mt. Holly Springs, PA 17065 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: 1MC Mortgage Company (Plaintiff) 4. The name and address of the last record holder of every mortgage of record: IMC Mortgage Company (Plaintiff) 5. The name and address of every other person who has any record lien on the property: Domestic Relations Office PA Dept. Of Revenue Bureau of Individual Taxes P.O. Box 320 Carlisle, PA 17013 Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, 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. GRENEN & BIRSIC, P.C. t? By Al Kristine M. Faust, Esquire Attorney for Plaintiff SWORN to and subscribed before me this:?-day of , 2000. dR v C? o n t. I?f atilt R? M, ?;? Notary Public i A lc a ,',a, v y i' ac I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY Plaintiff, NO.: 99-4406 vs. GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Faust, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 606 Sandbank Road, Mt. Holly Springs, PA 17065 is Brian G. McKenzie who resides at Five Park Street, Mt. Holly Springs, PA 17065, to the best of her information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE ME TFIIS' DAY OF PC? , 2000. Notary Public ") _? :) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY Plaintiff, NO.: 99-4406 vs. GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974 41 P.S.101 ET. SE O. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Faust, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on February 23, 1999, Defendants were mailed a Notice of Homeowner's Emergency Mortgage Assistance Act of 1983, and Act 6 Notices of Intention to Foreclose by certified mail, return receipt requested, and first class.,U.S. Mail. / a SWORN TO AND SUBSCRIBED BEFORE ME THIS-'bAY OF - 'C' ,2000. Notary Public f'.P. -. F... . fJr,?arro i'„ ' 1 -? - .l A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY Plaintiff, NO.: 99-4406 VS. GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Gary L Hawbaker and Velma M. Hawbaker 606 Sandbank Road 606 Sandbank Road Mt. Holly Springs, PA 17065 Mt. Holly Springs, PA 17065 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 on June 7, 2000, at 10:00 A.M., the following described real estate, of which Brian G. McKenzie is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF BRIAN G. MCKENZIE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON TOWNSHIP, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 606 SANDBANK ROAD, MT. HOLLY SPRINGS, PA 17065. DEED BOOK VOLUME 212, PAGE 586, AND PARCEL NUMBER 40-32-2334-008. The said Writ of Execution has been issued on ajudgment in the mortgage foreclosure action of IMC Mortgage Company Plaintiff, vs. Gary L. Hawbaker and Velma M. Hawbaker, Defendants. at Execution Number 99-4406 in the amount of $ 103,739.30. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time 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 or taken to pay the judgment. You may have legal rights to prevent your property from being taken. 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 NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. LAWYER REFERRAL SERVICE Cumberland Co. Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. A If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. By: ?'C c 7??2?C C (lf Kristine M. Faust, Esquire Attorney for Plaintiff ? _) ?. I: .... .. I f. f ? lJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY, No.: 99-4406 Plaintiff, VS. GARY L. HAWBAKER and VELMA M. HAWBAKER, Defendants, PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Velma M. Hawbaker, in the amount of$97,869.28, which is itemized as follows: Principal Interest through I1/15/99 Late Charges through 11/15/99 Attorneys' fee Title Search, Foreclosure and Execution Costs TOTAL $ 71,579.11 $ 22,972.97 $ 1,417.20 $ 900.00 $ 1.000.00 $ 97,869.28 with interest on the Principal sum at the rate of $26.89 per diem from November 15, 1999, and additional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. BY:/(?/,( Kimberly J? Esquire Attorneys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kimberly J. Hong, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service ofthe United States ofAmerica to the best ofher knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me this ?day off`?°P YYA 1999. Notary Public ----- n? [Pa(In'c,"I A TOVn - P'•shur i ! -hrn n - - 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE ) COMPANY, ) Plaintiff, ) vs ) GARY L. HAWBAKER and ) VELMA M. HAWBAKER, ) Defendants. ) TO: VELMA M. HAWBAKER 606 SAND BANK ROAD MT. HOLLY SPRINGS, PA 17065 DATE OF NOTICE: SEPTEMBER 9, 1999 NO.:99-4406 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 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: Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 GRENE?Nj&& BIRSIC, P.C. By: Guest'"2`7 Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID ll? i w?? o G4 _C.; L Z C. U I \ L 'ww W ? t:. cV :.?rn ? "'G Fc to !ac 80-214 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY Plaintiff, Vs. GARY L. HAWBAKER and VELMA M. HAWBAKER, Defendants, NO.: 99-4406 } ISSUE NO.: TYPE OF PLEADING: PRAECIPE TO REINSTATE CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE CODE - FILED ON BEHALF OF PLAINTIFF: IMC MORTGAGE COMPANY COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, Esquire Pa. I.D. #74950 GRENEN & BIRSIC, P.C. Nine West ) One Gateway Center ) Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY Plaintiff, VS. GARY L. HAWBAKER and VELMA M. HAWBAKER, Defendants, CIVIL DIVISION NO.: 99-4406 PRAECIPE TO REINSTATE CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE TO: PROTHONOTARY SIR: Kindly reinstate the Civil Action - Complaint in Mortgage Foreclosure with respect to the above-referenced matter and mark the docket accordingly. GRENEN & BIRSIC, P.C. BY: Attorneys for Plaintiff y r> u: r O 1 o j U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY, No.: 99-4406 Plaintiff, VS. GARY L. HAWBAKER and VELMA M. HAWBAKER, Defendants, PRAECIPE FOR DEFAULT JUDGMENT TO:PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Gary L. Hawbaker, in the amount of $97,869.28, which is itemized as follows: Principal Interest through 11/15/99 Late Charges through 11/15/99 Attorneys' fee Title Search, Foreclosure and Execution Costs TOTAL $ 71,579.11 $ 22,972.97 $ 1,417.20 $ 900.00 $ 1.000.00 $ 97,869.28 with interest on the Principal sum at the rate of $26.89 per diem from November 15, 1999, and additional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C BY: Kimberly J. Hong, Esquire Attorneys for Plainti ff >- a> ti nr +' -' .-: ?_ ?,-._ -- ?? ,n` lL':' Z: J I ? v ? n ? (' 1 4 M (U^1 ? ? ? 'o.. 9 F- -?4 q0 (a AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAUI T JUDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kimberly J. Hong, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service ofthe United States ofAmerica to the best of her knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. i Sworn to and subscribed before me thiar yo ?y 2000. j - NotaryPublic Co j% C4 80-214 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IP._ MORTGAGE CCM2cANY, ) Plaintiff, ) vs ) GARY L. HAWBAKER and ) VcLMA M. HAWBAKER, ) Defendants. ) TO: GARY L. HAWBAKER 606 Sand Bank Road Mount Holly Springs, PA 17065 DATE OF NOTICE: January 07, 2000 N0.:99-4406 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 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 TELEPECINE TEE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator Fourth Floor Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 GRENEN & BIRSIC, P.C. ?L By: X?Ir Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID r p I ?0- ?' o U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY Plaintiff, Vs. GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants. CIVIL DIVISION NO.: 99-4406 ISSUE NUMBER: TYPE OF PLEADING: Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS CODE - FILED ON BEHALF OF PLAINTIFF: IMC MORTGAGE COMPANY COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY ) NO.: 99-4406 Plaintiff, ) vs. ) GARY L. HAWBAKER and ) VELMA M. HAWBAKER ) Defendants Pa. R.C.P. RULE 3129,2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS Kristine M. Faust, Esquire, Attorney for Plaintiff, IMC Mortgage Company, being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiffs notice of the sale of real property in this matter on December 6, 2000 as follows: 1. Gary L. Hawbaker and Velma M. Hawbaker are the Defendants and Brian G. McKenzie is the owner of the real property and have not entered an appearance of record. 2. On October 27, 1999 this court entered an order authorizing Plaintiff to serve Defendant, Gary L. Hawbaker by posting the property and serving the Defendant by certified mail return receipt requested and first class mail to addresses set forth in the Order and publication, with service to be valid upon posting, mailing and publication. A true and correct copy of the order is marked as Exhibit "A" attached hereto and made a part hereof. 3. Pursuant to the Order and Pa R.C.P. 3129.2 (C) on February 22, 2000 the undersigned counsel served Defendant, Gary L. Hawbaker, with a true and correct copy of Plaintiffs notice of the sale of real property by certified mail, return receipt requested, and regular U.S. mail postage prepaid, addressed to 600 Sandbank Road. Mt. Holly Springs, PA 17065. A true and correct copy of the U.S. Postal Service form 3800, Article Number 7099 3400 0003 1046 4561, and the Certificates of Mailing, evidencing service by certified mail and first class mail on the identified Defendant, are marked Exhibit "B" attached hereto and made a part hereof. 4. On April 4, 2000, Sheriffs Office posted the property. 5. On March 10, 2000, the Notice of Sale was published in the Cumberland Law Journal. On March I, 2000, the Notice of Sale was published in the Valley Times-Star. True and correct copies of the Proofs of Publication are marked Exhibit "C", attached hereto and made a part hereo f. 6. On August 18, 2000 this court entered an order authorizing Plaintiff to serve Defendant, Velma M. Hawbaker by first class mail to address set forth in the Order with service to be valid upon mailing. A true and correct copy ofthe order is marked as Exhibit "D" attached hereto and made a part hereof. 7. On August 25, 2000, Plainti ff served Defendant, Velma M. Hawbaker with a true and correct copy of Plaintiffs notice of sale by first class mail. A true and correct copy of the certificate ofmailing evidencing serviceon the identified Defendant is marked Exhibit "E", attached hereto and made a part hereof. 8. On March 28, 2000 this court entered an order authorizing Plaintiff to serve owner, Brian G. McKenzie by first class mail and posting tlhe premises. A true and correct copy of the Order is marked Exhibit "F", attached hereto and made a part hereof. 9. On March 30, 2000, Plaintiff served owner, Brian G. McKenzie with a true and correct copy of the Plaintiffs notice of sale by first class mail. A true and correct copy of the certificate of mailing evidencing service on the identified owner is marked Exhibit "G", attached hereto and made a part hereof. 10. On April 4, 2000, Sheriffs office posted the property. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, inl'omiation, and beliel. GRENEN & BIRSIC, P.C. L BY: C Kristine M. Faust, Esquirc Attorneys for Plaintiff Nine West, One Gateway Center Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME Y 0 F 6=? / . 2000. EXHIBIT `A' ;53a?k ?J ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I?VIC MORTGAGE COMPANY, ) CIVIL DIVISION Plaintiff, ) NO.: 99- 4406 Vs. ) GARY L. HAWBAKER and ) VELMA M.. HAWBAKER, ) Defendants, ) ORDER OF COURT AND NOW, to wit, this ? 7tAday of llcfoi Pc , 1999, upon consideration of the within Motion for Special Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff is hereby ddiireeeW to serve Defendant, with a true and correct copy of Plaintiffs Complaint, by causing the Sheriff of Cumberland County to post the real property, being 606 Sand Bank Road, Mount Holly Springs, Pennsylvania 17065, and Plaintiff is d?Ra?td t permitted to serve Defendant, by certified mail, return receipt requested and by first class mail, postage pre-paid at 606 w-p Sand Bank Road, Mount Holly Springs, Pennsylvania 17065. Service on the Defendant shall be I" A.C.1 t&&UCMFA jC0) qW. deemed complete and valid upon such posting and mailing by the Plaintiff. BY THE CO J. EXHIBIT `B' . POSTAL SERVICE CERTIFICATE F MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Racrlved From: Crcnen L Chic, P.C. -- Tr-.Ylp'5?155,55-y Cater, 1:158 es Nfi b h FA 16222 s urg , 1- Ona ly ace cf ordln&,V man addlnod to: i Q ckc dkl LL 0 1 1 _ 1 ?. l ?A Sao II J 1 M I? I./tG'J PS Form 3817, Mar. 1989 Lt fxw'ccL t-CY ) Afn. faa nave m s4mps or mater postage and poet Mark. Inquire of postmaster for currant sae. )F;Af t n a to S 1 S Poslaga $ CeAnieo Far Poflmat% I'll Ritum Pacso Fee HMr Q IEndaeMnsnt Rpumol t, O Rpingta0 Dahvery Fp I` O IEMOnempt RpwreOl 'v 1 q lc/ ?(?? To1N POetagr2 Fee ,$ 1?3 ?I4?IW m Name?Preasa Pnnt Cleanvl rtp pa.ar^c?nrec r. +are.? l O Bar .................... _... .. 07 ....... ............. fr? EXHIBIT `C' 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 notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, MARCH 10, 2000 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 - r Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 day of MARCH. 2000 • WrAOJAL SEAL U L046 E. SNYDER, Notary Public Cadt,W bom, CumbedoDd County, PA My cammiuion Eapir" March 5, 4001 NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division No.: 99-4406 IMC MORTGAGE COMPANY Plaintiff, VS. GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants Nonce of Sheriffs Sale of Real Es- tate on June 7, 2000 at 10:00 A.M. in the Cumberland County Court- house. One Courthouse Square, Car- lisle, PA 17013. All the following described real es- tate situated In the Township of s. Middleton, Cumberland County, Coin- mrnwealth of Pennsylvania. Having erected thereon a dwelling bkna 606 Sandbank Road, ML (lolly Springs, PA 17065. DBV 212, pg 586, parcel #40-32-2334-008. Execution #99-44061n the amount of $103,739.30. Schedule of Distribution will be filed by the Sheriff on the date speci- fied by the Sheriff no later than thirty (30) days from sale date. Dislribu- hons will be made In accordance with the schedule unless exceptions are filed within ten (10) days of the filing of the Schedule. KRISTINE M. PAUST GRENEN & BIRSIC. P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 Mar. 10 2 Cumberland Notices P4 oof of Publication of COUN7y0PCUM9ERLAND THR V ALL.rfyTrMC ice in TAR C0M"0N,E4LTjl0PPFN,,SYLVANlA }as; Barbara 7n V G8130 isaweekl omPson,beingdul Ynewa Yswomecco CfuoniCiecomp pa rOlgcncralcieculation rdingtolaw,de pBnejpajpjaceofbuyjn fi°rahondulyo pu611shW1nShjps6u°dsaysthatshejsthe maketh's- at 1011Rhneryio"izedandexiat. 87ownshiaC?i litorof"TheV the regular edltlo behalf; t Jn Shwa g under the laws op berlanJCoantail 77mes S es of *The Vail mnwnwC Y Ants nsa+idiasu pe t? f CC, dveox rt ll?)•Sh1p1>ensburg, eanso 7J i, imns lv b tbeNewah Copy Of IYoti u6li y Times-Stare, on the ent w nublicat', a y1jy"na' Diet she to a nosylvan- having itnzed s OfP cation MAP CH lfoll ?0 80dates: alfac herein lsthesame asapranddas udin Aunt further deposes aforesaidnotice Whershe anJth tNeo- s.C??vertisemen stn anyintere or ?e valley?r?? affdav' aretrucandcar piYhave 4 and that the facts set fob in ilk tomes hig < . sworn andsubscriLCd to before tae Jtis., ........, MARCH, 2000 ...............31St: day or MY commission expires: No. Rob Shippensben S, Riggs Notary p My Commi si Twp.' Cumbedand as Expiras Nov. 28,, To; "THE VA LLEY71j4PS_STAR", Newville, ps. Dr, PorPublishing the notice ettachcdhereto on the stated dates..... Af 5....3.9 :.14, rjdavit ....... 5...... z .0.0 ;.......... Total...... ................ EXHIBIT `D' AUG 1 8,20U, IN THE COURT OF CO r MMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA IMC MORTGAGE COMPANY Plaintiff, ) vs. ) GARY L. HAWBAKER and ) VELMA M. HAWBAKER ) Defendants. ) CIVIL DIVISION NO.: 99-4406 ORDER OF COURT AND NOW, to wit, this day of 2000 upon consideration of the within motion for Special Service of Notice of Sale of Real property Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff is hereby directed to serve Velma M. Hawbaker with a true and correct copy of Plaintiff's Notice of Sale by first class mail, postage pre-paid at 606 Sandbank Road, Mt. Holly Springs, PA 17065. Service on Velma M. Hawbaker shall be deemed complete and valid upon such mailing by the Plaintiff. BY THE C T: J. O T ??g EXHIBIT `E' -- ,mar. 1989 and of EXHIBIT "F" MAR 2 4 2000 \ 0?\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY ) CIVIL DIVISION Plaintiff, ) NO.: 99-4406 vs. ) GARY L. HAWBAKER and ) VELMA M. HAWBAKER ) Defendants. ) ORDER OF COURT AND NOW, to wit, this ;6_1111 day of in M'. 2000, upon consideration of the within Motion for Special Service of Notice of Sale of Real Property Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff is hereby directed to serve Brian G. McKenzie with a true and correct copy of Plaintiffs rN?oticrjwn e of alcby first? lass mail, posts&e pre-paid at m,Fiv`Pardkt Street, Mt. Holly Springs, PA 17065° "1 ? sGfi a+s Service on Brian G. McKenzie shall be deemed complete and valid upon such mQ ft by the Plaintiff. BY THE CO J. 4,-""f, r£c^r.D ai'!) ;dd; Court at Carlisle, Pa. nr .018... ay of,?flJ.r?.?l SF.S7 Pruthonote EXHIBIT "G" Affix lee here in atampa or ryeferPeataqg- and p6?t murk. IepdU Of Vaatmnter for Currant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY Vs. Plaintiff, GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants. CIVIL DIVISION NO.: 99-4406 ISSUE NUMBER TYPE OF PLEADING: Pa. R.C.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE CODE - FILED ON BEHALF OF PLAINTIFF IMC MORTGAGE COMPANY COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa. I.D. # 77991 ) GRENEN & BIRSIC, P.C. ) One Gateway Center, Nine West ) Pittsburgh, PA 15222 ) (412) 28I-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY Plaintiff, NO.: 99-4406 vs GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants. Pa RCP RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE 1, Kristine M. Faust, Attorney for Plaintiff, IMC Mortgage Company, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 as follows: By letters dated February 23, 2000, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1 and Certificate of Mailing and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief. GRENEN & BIRSIC, P.C. .C/ Z?( ou 6e?,? BY: Kristine NT-. Faust, Esquire Attorneys for Plaintiff One Gateway Centcr, Nine West Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before me this?y of 0?0. otary Public Mr ? , -?' N"IFb l EXHIBIT `A' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY Plaintiff, NO.: 99-4406 Vs. GARY L. HAWBAKER and VELMA M. HAWBAKER Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY IMC Mortgage Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Brian G. McKenzie located at 606 Sandbank Road, Mt. Holly Springs, PA 17065 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF BRIAN G. MCKENZIE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON TOWNSHIP, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 606 SANDBANK ROAD, MT. HOLLY SPRINGS, PA 17065. DEED BOOK VOLUME 212, PAGE 586, AND PARCEL NUMBER 40-32-2334-008. I . The name and address of the owner(s) or reputed owner(s): Brian G. McKenzie Five Park Street 2. The name and address of the defendants in the judgment: Mt. Holly Springs, PA 17065 Gary L. Hawbaker and Velma M. Hawbaker 606 Sandbank Road Mt. Holly Springs, PA 17065 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: IMC Mortgage Company (Plaintiff) 4. The name and address of the last record holder of every mortgage of record: IMC Mortgage Company (Plaintiff 5. The name and address of every other person who has any record lien on the property: Domestic Relations Office P.O. Box 320 Carlisle, PA 17013 PA Dept. Of Revenue Bureau of Individual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, 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. GRENEN & BIRSIC, P.C. gy ! ;?7(•;ZCc Krist ne M. Faust, Esquire Attorney for Plaintiff SWORN to and subscribed before me thi<Dl day of G 2000. Notary Public .. C A. _V,. .r- '. .. . POSTAL SERVICE CERTIFICATE F MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From. i`? % a 4,, C; fn% Ott J& Mrsic D Nine Caa Catcway Center t? ti , urq , ?D piece of ardlnuy mnl eddy a o: ?1 Z 1. 1 c_ n i PS Form 3817, Mar. 1989 ( {-ftmQ r ) F''1 `L U. S. POSTAL SERVICE CERTIFIC ATE OF MA MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received Crcnen 8 Cirsic P.C. ??' re c? - no atawwy enter, Nine Wes ?, FB ' 000' no in ce of ordinary mail addree •V15 N k, s r - i?12s- Affix fee here in stamps or meter pottage and post mark. Inquire of postmaster for currant fee. Affix fee here in stamps or meat postage and post mark. Inquire of Postmaster for current fee. 1 0 PS Form 3817, Mar. 198W ( rc` Lba'tc r ) H V I l) ?•c C cam - .s u ? i l! - i i Y- C7 ? o v ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY, Plaintiff, Vs. GARY L. HAWBAKER and VELMA M. HAWBAKER, Defendants. ) CIVIL DI-Y9 ISION ) NO.: - ). ,yok, ISSUE NO.: TYPE OF PLEADING CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE CODE - FILED ON BEHALF OF: IMC Mortgage Company, Plaintiff ) ?i v t ? ?E2•? TO DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 5901 East Fowler Avenue Tampa, FL 3361 0 41f1 AND THE DEFENDANT IS: 606 SAND BANK ROAD MT HOLLY SPRINGS. PA 17065 ATTORNEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS SOUTH_MIDDLETON TOWNSHIP (CITY. BOR 'FOWNSIIIP)) (WARD) n ti? v El ;L ATTORNEY FOR PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, Esquire Pa. I.D. #74950 Michael C. Eisen, Esquire Pa. I.D. #74523 GRENEN & BIRSIC, P.C. Firm #023 One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY, CIVIL DIVISION Plaintiff, VS. NO.: GARY L. HAWBAKER and VELMA M. HAWBAKER, Defendants. You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD 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. Lawyer Referral Service Court Administrator 4T" Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY, CIVIL DIVISION NO.: 9 9- Y VO G ( (rcX T.e ? Plaintiff, VS. GARY L. HA WBAKER and VELMA M. HAWBAKER, Defendants. IMC Mortgage Company (hereinafter "IMC"), by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is IMC, which has its principal place of business at 5901 East Fowler Avenue, Tampa, Florida 33617. 2. The Defendants are Gary L. Hawbaker and Velma M. Hawbaker, individuals whose last known address is 606 Sand Bank Road, Mt Holly Springs, Pennsylvania 17065. 3. On or about May 17, 1997, Defendants executed a Note in favor of American Mortgage Reduction, Inc. (hereinafter "AMRI") in the original principal amount of $72,210.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about May 17, 1997, as security for payment of the aforesaid Note, Defendants made, executed and delivered to AMRI a Mortgage in the original principal amount of $72,210.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on July 24, 1997, in Mortgage Book Volume 1395, Page 386. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. AMRI assigned all of its right, title and interest in and to the Mortgage and Note to Plaintiff pursuant to a certain Assignment of Mortgage. 6. Defendants are the record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage and/or Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants are due for the September 1998 payment. 8. On or about February 23, 1999, Defendants were mailed Notices of Homeowner's Emergency Mortgage Assistance Act of 1983, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983. 9. Defendants filed an Application for a Homeowner's Emergency Mortgage Assistance Loan; on or about June 17, 1999, said application was denied. 10. On or about February 23, 1999, Defendants were mailed Notices of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P. S. §101, et seq. 1 l . The amount due and owing Plaintiff by Defendants is as follows: Principal $71,579.11 Interest through 6/30/99 $ 9,447.30 Late Charges through 6/30/99 $ 472.40 Attorneys' fees $ 900.00 Title Search, Foreclosure and Execution Costs $ 1.000.00 TOTAL $83,398.81 WHEREFORE, Plaintiff demandsjudgment in mortgage foreclosure for the amount due of $83,398.81, with interest thereon at the rate of $26.89 per diem from June 30, 1999, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GREN N & BIRSIC, P.C. BY: f?f Kimberly J. Hong, Esquire Michael C. Eisen, Esquire Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" NOTE May 17th, 1997 (City) (Simi co 8cgsgZ 000 SAND BANK RD., MT. HOLLY SPRINGS, PENNSYLVANIA 1708a [property Addresal 1. BORROWER'S PROMISE TO PAY In rml far ¦ ban that I Who reca/nd I pramisa to pay U.S $72.210.90 (in* Mount b called •pMelpef'), piss humL b dN order Of Ina undo. The WOW Is AMERICAN MORTGAGE REDUCTION, INC.. I anderstsnd that the Landis' may WSW this Note. The Lander an anyone Who takes this NOW by banSW and who 16 Wished to nuke payments Mdr mIe NOW 4 called IM 'NON Nelda'. 2. INTEREST Inquest Will be charged an W"Id Principal Win the fill amount Of pncClpal has been paid. I we pay hlwat U a yeeM rats of 17.85%. The Interest rah required by this Seaton 1 Is the OWN I we pay both before end skirt My POWs described h r,,k, 6(0) of this NOW. 7. PAYMENTS (A) Time and Place of Payments I we pay principal and IN I by mskklfi Payments awry month. I we made my monthly payments an the 22nd ay of good month beginning an June 22nd, 1997. I We mane these psymenb every month loop I he" paid Y of the prIncled and InM$t and my other charges descMed below that I may owe Ialar this Note. My monthly psymana we be poled to Internet before PMOW 1, on May 22nd, 2012, 1 $0 owns, anbunts Imde(this NOW, I aka pay thou amounts h be M that data, which W cWd IM ,Mhasy an'. I We make my monthly psymwnle at 10902 REISTERSTOWN RD, STE 104, OWINGS MILLS, MO 21117 Of at a dgWWt pkce 1 required by the NOW Haber. (B) Amount of Monthly Payments my monNy payment we M In the amount of U.S. 9 944.70. 4. BORROWERS RIGHT TO PREPAY 1 her the right b mkea payments of pncci0ar at any the bible than, w plea. A PAWMI of p6101061 only is Mown Y ¦ brepaymwM•. when I make a MMWy 41 We ten tan NOW Nokia an writhe area 1 M dehp so. I may maka a b1 prepalmog or pehl prepayments wshou paying ary prepayment anerge. The Nate Holder we use a1 W my prePaymnts to red= the amount of Principal Wt 1 owe under this NOW. N I takes a Pa,IbI prepayment, men Will be no chYees In the due ate or in tan amount of my monthly payment Mine the No,, Ha W, apnea in w l a to those, alking > tan LOAN CHARGES I a few, which apple, to this loan and which sets mnhksn IoM charges, is M1e1y htrpeeted p that the im"ol or Cow ban chaps coleceld or to be pemtsd In oormpthm with this ban, weed tan per"od eMs, than: p) any own ban chance oolechd she? M reduced by the amsanl nCasey b redum, the charge h the permhed Entn and (9) any sum already, caliscbd from rm which exceeded permitted Imo we be refolded to ma The Nob Holder may choose to make this rel and by recanting IM principal I owe under this Nole r by raking a Dow payment to me. If a refund radwas principal, the reduction we be Maned as a Partial poepoiI 6. BORROWERS FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If a Note Hander has not rePa4ed the b1 amount of any moMhy payment by ON and of Fifteen calendar days met de date l is on, I wig pay a isle on" to the Nate Holder. The amount of the charge wire be 5% of my Mrdu Payment of principal and Interest I Pall pay this Ike charge pro"Ol, but any once an each late psymrd. (B) Default S 1 do not pay tree bl amount Of Noh moody plymanl M de data it is due. 1 we be h chr ut (C) Notice of Default - ' If I am In shut tan NOW Holds, my and me ¦ written notice bung ms that 1 I do not pay Ina aedue anoint by a certain data, the NOW Holder may require rpe b Pay mamidbtsly the fun AMMIN of principal which has not been pate lord as the hbr"t thud I owe on he amount That data =91 be M best 30 days after the ale an which the notice I$ doerred or marled to me, (D) No Wahanr By Note Holder Ewe t at a ene when 1 den fit def"IL the NOW Holder does not require me to pay Insnedislely in fug u aaabed eb" . the NOW Hoban we age JIM the right to do sic 11 am in default at a War the. (E) Payment of Note Holder's Costa and Expanses N Nob Holder half natured me to pay smmedaby In fun AS 6Mrbed sea, the NOW Holder wan haw IM right b M Paid back by me ter 0 of Its poets and 04MM In enfonlnO this Note to Ina "teal not Prohibited by pplwbw faw. Thee etnenus include. for "amokL reasonable mtornew Was. 7. GIVING OF NOTICE Untess ppeeabb low n Mess a dyfMnt marhoe, any notice that must be glen 10 me under this Note we be gMn by deawke a or by cramp 4 by first Gass mail to me at the Propwry Address above e at a different address 1 I gig the Note Holds a notice of my dleeant address. Any Ombe that must be gben W the NOW Holder under this Note wN be per!!) t cNes mane to de f regard Note Holder N de addms state d h Swoon 3(A) abM r ar a dylMent eddread?IteagNApt addms. rate Y a brl0inal ad for EY TITLE CO. MULTNITATE FIXED RATE NOTE - Shot, Femq - FNWJFHLMC UNIFOfeA INSTRUMEFern 3M0 IMW 8. OBLIGATIONS OF PERSON! UNDER THIS NOTE • II mars than one pawl signs alb Nob, each parson Is 41y and personally oclleslrd to kep as of the crania, made In this Nom Including the prsmbe la Pay the fur anent and. My canon "a is a puarentor, sury or enamse of this Now it also, competed b do Ihua things. Any Orson who Was over thus obrgaans, ecfudhg the oblgalbns of a garsntor, surely at endrar of this Nola, h "a obllgated-to lap at of the Ommas, meds in this Nola The Nob Holder may micros is doing, under this Note against each Oman IndMduaay a against all of u together. This mans that my its of a may be required to pay as of the amounts owed under this Note. 9. WAIVERS I reed my ber person who Me Williams under Ims Nob stint the rights of preammrn and notice of dishonor. 'PmWmam' moos the dQM to MOND the NOW Holdr 10 dwnand psymenl of the amounts due. 'Nolme of dishenor' mans tirs right to feel the NOB Haller to OW notes, to other pareens IMI unounts due hen not been MI& 10. UNIFORM SECUREU NOTE This Note M a unmorm sWmant wkh Imbd variations In soma Jurisdictions. In addition to the protections oMn to the NOB Holder under this Note, a Mortgage. Deed of Trust or Security Deed (the 'Socurly Int"menl'), could the time data a We NOW proWls the Nora hold r tan poasbb Nora which m ght mutt I f do not lup 1M Womiges which 1 maks In this Nob. That Secured Instrument ascribes how and under what conditions I my be required to make Mmudlats Parham In fug of at maunb I awe under th4 NOW Sams of thou Oondhens m daubed a folowaq Transfer of the Property or a Beneficial Inlereat In Borrower. N am a my pan at the Proiamy or any Intaral In a Is sold or hensfai of (or N e benaacid Interest In Bormwer Is sold or esnabned and Barrowsr Is not a natural Arson) without Landers pro written consent, Lander may, at Is option, require Immediate Payment In full of of sums wound by this Securay Instrument. Howe", this option shag nat be bartered by LWOW N bares b Probbled by federal law as of the its, of this Security Inabumm. If Lander lesions this option. Lander mob mks Bamawr nudes of aeayatbn. The nos shall povlde a pared of not era than en days tc n the ate the ticks is dehred or malled WlhIn which eomowm must pay o,1 ems dared by this Saudry InslrummL It Borrower 41111 to pay these puma prior to ins, apiration 01 this WIK Lender may make any rrnadiss permitted by Ihii Sec" Instrumeml wNhout further notice or demand on Banewr. WITNESS THE HAND(S) AND Si OF THE UNDERSIGNED. ?tl Ctn. _ `SAK/4ff?/?i law GARY H// ?ER1? `?? ?? .apnpwer VELMA M. HAWBAKER .epnpwr rgwl ?BOnanr (Sign crow only) Waal Wlnaa Wetaa William EXHIBIT "B" Mall to: VALLEY TITLE COMPANY 66 PAINTERS MILL ROAD, STE. 200 OWINGS MILLS, MARYLAND 21117 Parole I.D. Tide Insurer: LAWYERS TITLE INSURANCE File No.: VT-26669 ISPeae Above This Una for Recording lnformstion) MORTGAGE WORDS USED OFTEN IN THIS DOCUMENT (A) 'SenmN MbumnL' This MerNsOR, Which le dIoQd May 17th. 1907 we be called Dq'SecuLy A7esnNa' 1 (0) 'BOVOW81(1L' DIARY L HAWBAKER and VELMA M. 14AWBMEFL HUSBAND 6 WIFE and . resble9 N 906 SAND BANK RD. MT. HOLLY SPRINGS. PENNSYLVANIA 17066 esmetaes urn be called 'BOmaaer' and aomMkese awhply 9' or'ma.' (C) 'Lahr.' AMERICAN MORTGAGE REDUCTION, INC. VIII be called lender,' Lander le a oorporatbn v ANnA tlon which abets undr the laws of the SIaM of MARYLAND. Looses address is fDOW REISIEiLSrOWN RD, are IDI, OWINGS MILLS, MD 21117. (D) "hots.' The Note ebned by Borrower and dalad May 17th, 1DSr we be need Ma 'Noty' TM NOW shows tut I owe Lander SINWtyTwo Thwund Two Hundred TO and 0111100 00118n (U.S. 172,21040) plus Merest. I have Pmnesad to pay this bbl In monthly payments and W pay the hlsbt N NI by May 25hd, 2012. R7 Tropsrty' The Property that 6 described below in the section titled 'Description of the Properly' we be sled the Property, which is lasted h CUMBERLAND COUNTY, PENNSYLVANIA (F) 'Sus steuntl.' The araurKs described below In the section told 'Borrowers Thatelar to Under of Rights In me Propery s o mm we be oslsd ins -60115 secured.' BORROWERS TRANSFER TO LENDER OF RIGHTS IN THE PROPERTY I nux" , gran and convey Wah the Properly desgiced below to Lander, subject W the berms of this Securfly Instrument. This Security Inlir mrk sauna to Lndr thous fights that are elated h this Security Instn nwint, and also those rights that the few ghat to endere who hold mongsges n resl Property, 1 n 9Nh9 L WOW Duke 1191112 10 protect Lander from possible 101313 that mbM racul I I III Ie: (A) Pay all the mounds that 1 owe Lander as stated In the Note, with bteresl, and RI renewals, estaslons and MOM%mba to the Note, (B) Pay With InYmL My eresnn that Lnbr apnde under Pangnphs 2 and 7 of the Security nMmm.r b protect the vets of the Pr* MM and Lenders rights In the Property, and (C) Keep of of my other p,,k s red agresmrhts under the SecurOy InabumnL and the Nola. DESCRIPTION OF THE PROPERTY 1 glee Lander rights h the Property dsecrbed In (A) nragh (J) below: (A) TIM P-P" bated at BOB SAND BANK RD MT HDL V N09 P N` VANM The 403 daarbibn of the "" le men hill/ duapd In the Schedule 'A' UOel 01011ptbn sOaMd herwto and made • pat hanoh (B) AN burdhg3 and OMN WOnwannhe that a. band on RIM Property bscribad h Subparagrapn (A) of This section; (C) N rights in Nhr propsrry that I tua as owner of the Proper" descrbNl In 61)"ragraph (A) of this nation. These rlplhls IN known a "esfemnts, 11ghb red seaWteaaes Reached W IM propab:' (D) AD rents or myeaes hem the Property desalted in subparagraph (A) Of thl do hereby ce 1hl e e bABatiDturete copy o e oegl I Instrument be filed o record (E) A3 mleuM, op, and On tlghla and prGNa„ water right, and stock That an, pan of 01j. 6211 • r 0 r . 28888 EXHIBIT "A" BEING KNOWN AND DESIGNATED AS: TRACT ql: ALL THAT CERTAIN TRACT OF LAND SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, PER COMPASS SURVEY OF 1955: BEGINNING AT A POINT IN THE PUBLIC ROAD LEADING FROM MOUNT HOLLY SPRINGS TO MOUNTAIN VIEW, SAID POINT BEING APPROXIMATELY 17.5 FEET EAST OF THE CENTER LINE EXTENDED OF A FARM LANE LEADING NORTHWARDLY FROM SAID.ROAD; THENCE BY LAND NOW OR FORMERLY OF JOHN E. MAURICE, ET AL., AND PARALLEL WITH SAID FARM LANE, NORTH 5 DEGREES WEST 185 FEET, MORE OR LESS, TO AN IRON PIN; THENCE BY THE SAME SOUTH 82 DEGREES 50 MINUTES EAST 100 FEET TO AN IRON PIN; THENCE BY THE SAME, SOUTH 5 DEGREES EAST 185 FEET, MORE OR LESS, TO A POINT IN THE AFORESAID ROAD; THENCE IN SAID ROAD, NORTH 82 DEGREES 50 MINUTES WEST 100 FEET TO THE PLACE OF BEGINNING. THE ABOVE DESCRIBED PREMISES HAS THEREON ERECTED A DWELLING HOUSE KNOWN AND NUMBERED 606 SAND BANK ROAD. TRACT $2: ALL THAT CERTAIN TRIANGULAR TRACT OF LAND SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF THE PUBLIC ROAD LEADING FROM MOUNT HOLLY SPRINGS TO MOUNTAIN VIEW; THENCE BY LAND OF TRACT #1 HEREIN, NORTH 5 DEGREES WEST 190 FEET, MORE OR LESS, TO A POINT; THENCE BY LAND NOW OR FORMERLY OF ROBERT G. HAIR AND WIFE, SOUTH 82 DEGREES 50 MINUTES 'EAST 39.7 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF 'JOHN E. MAURICE ET UX, SOUTH 7 DEGREES 10 MINUTES WEST 187 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING. THE IMPROVEMENTS THEREON BEING KNOWN AS 606 SAND BANK ROAD, MOUNT HOLLY SPRINGS, PENNSYLVANIA. BEING THE SAME LOT OF GROUND WHICH BY DEED DATED JUNE 1, 1979 AND RECORDED AMONG THE OFFICE OF THE LAND RECORDS OF CUMBERLAND COUNTY IN BOOK L 28, PAGE 489, WAS GRANTED AND CONVEYED BY CLAIR W. STARNER, SR., A/K/A CLAIR W. STARNER, AND JOANN A. STARNER UNTO GARY L. HAWBAKER AND VELMA M. HAWBAKER. WbCunmph (A) or this section: IF) N rights that I hen In da Wd which 006 H the atraell or roads In front of, r hard to, the PMP$r1Y described N Wbpnpapt (A) OI Ina section: . (O) All lblures that en now Of in the future wa be an the Progeny described In fubprspephs (A) and (B) of this Nation: along with but not Mind Io stcwe, MMWators, washing, dryer, disheatr, were, au amdlbhag units: (H) N of the aght$ and property decrbed N WbOMOMPM (B) through (G) of this action that I pquM In the tUNM: 0) N rOPk r is 01, Or additions to, the PNPMY dUCM&d it W bprepephs (B) through (H) of this W0011: and (,) N at the only" IIW l pay to Lander minder Paragraph 2 below. BORROWER'S RIGHT TO MORTGAGE THE PROPERTY AND BORROWERS OBLIGATION TO DEFEND OWNERSHIP OF THE PROPERTY I premae that (A) I aw" Own the Properly: (B) 1 hue the right to malgsgs, grant and Cmny the Pmparty to Under and (C) thn n no w1suping ctiiM a charges against the Prop". I gee A gerlni wsnnlp Of yin to Lahr. This r 6 that 1 a1 be fully r eapolBba bat any bun which Lender suffers because somaCne Other Mum "I has some of the rights In the Prep" which I pOmlse that I new. I promise Mat I will defend my annual 0 of the hprty against Mary cleans of such tights. t PLAIN LANGUAGE SECURITY INSTRUMENT This security IMburwnl Whaln. mean Incentive and agreements that caw Geed In rail peupany acvrsy agreamenla an onto the Comity. It cmtsbs nomanlrm premises and speernants that very to a ImIted went, In daterent pans Of the country. My promises and Apeernanb n sfatsd In Vah kVmge.' 1 promos fed agree with Lander se blows: 1. BORROWER'S PROMISE TO PAY I wg par Y Lanolin, m tlnw prlctlal and idruI dust under the Nab and My "Payment and ate merges des under the Note. 2, MONTHLY PAYMENTS FOR TAXES AND INSURANCE (A) Bemawees Obligations 1 wa pay 10 Lander O narn4 mwu/ay to Pay for Yen. U Manlanis, Y•satloll payments or ground mis (N err), and humid it"=" m tlt, Preppy and mf"101" baranGe (• MY), I WIN Pry daaa AMnoun to Lender until. Lander Vale M. an writing, that 1 do not ran to do to, or unbar me law mquhes othpwise. I we malt, those payment! m the cane day that my monthly Wrmenb Of plnepal and Interest n due under the NOW. Each Of:" Payments undr this Paragraph 2 win be the Wm of the blowing: 0) One4wrebh of the sslhuted yeary We, and uuatmanla m the Property which under the dew may be WParsr to this ScMy Intlnrmanb Flit W OnHwalln Of ten Mtknsl$d tsMay b uOhOld Payments r ground rue on Me Property, 1 any, plus (M OnelwalN of the utbWM Yeery pmmlUm for haUd InaumM, Coming the Properly (1 maryedg plus (N) On !*OW of IM sslLnaad YMry premium for monpge Insurance (N any), plus (r) OWt"gth of the "IMIld ytery premium for flood InWMance V rpulAtO - b accordance With applicable law. Lander wOl ulYMt t from time to the my y" boat, gssn~is, besshold paymmb, or pound MU and Insurance premiums. Lender Will uses rioting Auusmenle and bill, and reasonable estimates of futur. Aummrib and ban. Lander may, at arty tins, color and hold lams wow PAnwph 2 In on aggregate smounl not to soared the maximum amount that may be required for Bopowees Account under the Fluid Estate Srltbmonl PMCWures Act of 1974. 12 USC 2501 at in. and implementing raguadons, 24 CFF1 Pan 3500. as May, may be amended loom m to term (*MPA'), except that I MI pry landr an addlbnAl Aram equr to mHldh of the aggregate Mount of yMdy p.ymenis motor this Paragraph 2 or a bur amount 1 rebuffed by applicable No. This sum Is (mown u the'resem' of 'cushion.- and is p.rel5ed by PESPA ter unMbipaled disbursements r rsbumemants before M payments are mllNb In the account. These Mounle Mat 1 pay 10 Weser for the" lama under Paragraph 2 w1 be eased IM 'udede.' These hinds my be commagbd with olio funds of the Lwow wWa Me low requires OPrwlae. UnIAU an agreement a made r appoeble law "Inor Interest to be paid, Lendr shop net be repfrod to pry Bonawer any IntarMt r earnings on the Funds. LMOer may enquire Borrow to pay a manna Charge for an hopendaM awl oeYle pa reporting solwM uses by Lancer In cmMGton with the Ian, unless ppkgble dew pmrus a otherwise. (0) Lends Obglalbra Landw ws use the funds tO pay the alum rated pans. Lander we gel. to All, without charyr, an amual Awning of the funds. The caounthil null Mow ap adelon$ to ape docluctims from the Funds and the Mason tat each deduction, (C) AQus~w • It Iendoes esllab, we loo higher F lees, Id Insurance miss go down, IM Amount, the, I Pay undo, Ibis Paragraph 2 wig be too lugs. X this "an* A a Ikne when I M aApep all 01 my Promise$ and agnimmo ils =do h M4 &,," IheVUmam, I will he" the right to have the s=eat MiMMI at1hin promptly regard to me as a direct refund or ttemled to my future monthly Wyman of funds. There we as saeess mounts N. at any Ins, the sum Of (g the Mounts or funds which Lands, 4 holdbg or keeping, On (2) the Amount of the monthly paymemis of rind, which I stet Mgt PAY bet V that time and No due dale 01 these Isms 4 grow f than the mil l arl to pig IM Wove Islod items when may s,a We. If the Funds aeeed the Mount, aalbd to be hold by REWA. Lnder fall deal with areas funds a required by RESPA I, when 06"m of these Nms Is due, Lender ae not received enough Funds to nuke Nose aymenb, I vets pay to Lends, wNWW additional MOutst Is nacesm7 to pay theme Isms In full I moat ay IMI addMOnal mount in ono or mom paYmnts as Under may requge. and permitted by FESPr1 7. APPLICATION OF BORROWER'S PAYMENTS Nnlaea the kw m4ukes OgtAwke. Lends, wit Apply each of my PSYMIAMS uNoer tit, Nob and undo, Paragraph, I and 2 above In the following order red for We following pwp0ess: FINAL n Pay My prepayrant charges due under the Nots, Nest to pay Into charges under the NOW Nat W pay the Amounts clue to Lander udder PAagrsph 2 Above of Other erNanees: Nape, ta Pay Intermit dual and Last. to pay MhcVal oh,. 4. BORROWERS OBLIGATION TO PAY CHARGES, ASSESSMENTS AND CLAIMS I wll Pay Be toes, eFNSSmants, chug". Mu and InmoWlons apnbutabl In the Prop" and that may be Wprlor b this $MtRY Agmmft I WAN Woo make PSYmnla be under arty IWO I I m a lent an the Prop" end I will Pay ground rents of any) We on the Properly. I we do Mb Gahm by making the payments to Under that erg described of Paragraph 2 Wove or, I I am no, reqund to make payments under Puagmph 2, by mAUng the WYmutle an time to W, person owed them, pn Ibis Security IMOUm L lye word'P,rson' maim! MY Wnon. Orgam=an, gpvammmal authority or M. perry.) It 1 make cumn payments, then Prompliy ANf Nuking any of that, payments. I will give Lando, a rpelpt which shows that I have done so. If I make PRYn t$ to Lands, under Paragrsph 2, 1 wit give Longer In notbG or bite that I Ierew of the mpMS, dud under this Paragraph a. Any clan, demand Of ohWW dot Is made Against the PrpMy because an obligation has not been ,rolled Is known es • Mon.- I wet pomPiH PAY 0' OR" el Ilan against ths Property that may be supsnor to this Security Instrument. However, this Security Instrument does not aqua ua to satisfy a oups,lr Ion M (A) I agree, a vithg, to pay he obligation which gave Me to the suparlor ten, and Lender approves the way h which I Wee to pay that 0424110n; a (B) In geed WIN. I Wguo or blend against the WPenm fun In a lawsuit ao that. during the l rful, the supodw don may not be antomed and no ply of the Property must be given up; a (C) I swum ham ill holds, of that Who, an n agnantent. Approved In writing by Lander. that Ns Ilan of this Ificurly Instrument Is suporlor to the Ion held by that person. If Lrndw donnihes that say an of me Property Is subject to a Superior Inn, Lander may give Dom mgr a notice Identifying the superb 11M. Bormmer shag ay ce satisfy Me W parbr ern w take ens or man 01 Ill nbnS sal 10AI, Age" wrthIn 10 days from the pining of notice. 5. BORROWERS OBLIGATION TO MAINTAIN HAZARD INSURANCE I we W Wn ha=rd Insurance to cover al bugehga and olhn Improvement, that ere now, or h Me future w3l be located on the Property. The InWnnce must cover lose o, damage caused by he, him=rd, normally covered by %alnded coverage' beard Insurance Poll and olive, henrds, Includhg Bond, or flooding, for which lends, or atom or bbral government require, oovsragm The Insurance must be In the Amounts and fur the penods of dune required by Lends or government agency. I may choose the Insureve company, but my choke Is subject to Lender's Approval Lads, may not refuse to approve my, choice unkaa the refusal Is n86anWle. It I do not maintain coverage as deeormad Wove. Lander may, At LndNe option. obtain towage he protect Lndoes rights In aaadana with this Paragraph nd paragraph 7, If Me Property is delemnined to be located in a gad =0 that nquesa and heuna0. 86 d lgmtW by la Federal Emergency Mwgwnl Agney or Moths, agency that has the authority n make such deWmhalbn, I will Obtain rood Insurance savage nr the properly. N of the InSUMCO policies and renewals of MOSS policies, must Include what is known as a "Standard Modgageo' clause to pnlem Lender. Tin ROM of Y poilelos and renewals moat be acceptable to Lander. Lames, We have Me, rnghl to head the policies and reawals. It lander nquaS. I wig Prompthy gw Lndw all racerPIS Of WIO premiums nd renewal Notices that I meow. II there k a 1086 m damage to Me Property. I will prmnplly notify Ul hsonNoe Oomputy and Leader. If I do al pwnplty prove to the atWnce Company that the lost or drape dectmed. Mn Lander may do ao. The mount OW by the InWreae compMY It allied 'P ronads.' I WthorW the Nnbr to 86ple any clams and pile" the proceeds an my b" and u86 them to reduce the haunt 1 roe to Lear noOt the Nola and now nda Sourly Instrument (whether mat raises have been met, by ma), m Lander may MMU IM proceeds to M for ume In the repair or naloradon Or Me bm$pd Prop". It I abandon the Property, or I I do not answer, within 30 days, a 110110e Nom Lender Meting that Ins Insurance company has 0=red 10 $*Us a 041m. Lnder may plea IM proceed,. Lender may um, the proceeds to repair or Halo,, it, P,opWY m to ay IM sums sown. The 300ay prod we begh what the notice Is given. 0 My PmoMM w used to roan IM amount of PMCpd which I awe to Lander want IN NOW. Mat use will not aelay Me we date pr change Me amount pray of my =01111y Payments under IN Note and under Paragraphs I and 2 above Howawr, Leader and I may agree h writing to Mon delays r changes B Lander acgMse the PMP" wirer Peragrph 26 below, as 01 My rthis In Me hMrwme PCOMIS we belong On Lander. Also, an of my rights In my Proceeds whbh n paid because al dump that ocNmd befam the Property Is acquired by Lander or sold WC timing b Lendr. However. Lend?a rights in those proceeds win net be gnat Man Me soma socuree ImmadleWy before Me Ropery IN acquired by Lander r sold. h the avert that Botrowr felt 10 mahtaIn hard Insurance Or hood hsuranee ee oullned in this Paragraph S. or has the Polley canceled, then and h that ~1. Lender may obtain the necasry Insularism. Borrower will pay to Lander a service he no bet Inn fifty doWs (160A0) to cow tee costs and odmYnbemifon Of Said heulsMe, and ws be responsible for the payment of 1heu Not and at pMrArms on amid heurmce. 0. BORROWER'S OBLIGATION TO MAINTAIN THE PROPERTY AND TO FULFILL ANY LEASE OBLIGATIONS I win keep the Property In good repair. I wig not destroy, damage Of rrbatanally charge the Property, and I wit not allow The Property to Mtsrbnt. If I do not own but air a taunt on the property. 1 wee lure my ublgetlons undo my lease. I Wo agree 04 1 1 acquls the lee elk b the Property. MY lean Inuroa and the he bale we not merger unless Lands agrees to the merger IS wifte. 7. LENDERS RIGHT TO PROTECT ITS RIGHTS IN THE PROPERTY: MORTGAGE INSURANCE M. (A) I do MI knp my Prorni se and agreements made it this Seeunry Insoumen4 or (B) someone, Including ms, begins a legal Processing that may migngbamty affect Lnders rights In the Property (turn as a lagst proceeding In bankruptcy, In Probate, for ocn l adon r to Mame laws a ragetattanQ. Lander may do MA MY for Whatever Y Necessary to protect the wlea of the Pmpnty and I~& rights In IN Properly. Landes Actions may Include Watering In court, paying reasonable MomaYs Ms Md Wit" M IN PmPNry to Make megdri. Lender must give me notice before Lander rosy take any of Nuns Malone. Although Lndr may take action under Mb Paragraph 7, Lander don not have m de so. I wB Pry b Lnnr MY Anewmta, with Internet. which Lander spends under this Paragraph 7. 1 W0 pry erase amount to Lander Wharf Lndr md* term a nation requesting Mmi I do so. 1 MI alga pay kMrost an Mow amounts at the Note nt. Interest on Mich r M We begin on the rat that tee aM &M b spent by Lander. HOW"f, Lndr and 1 may agree In writing to NMI of PaYMM" Met M dlbmt tam Mon In this parag(aph. This Security MiWr l Wit praleet Lndr IN pee I de not Nato MIS pm loo M pay Mire MMusnts with hmmL It Lndr "Ired Mortgage Insoranse as a conMbn of making the ban that I promise to pay under the Nab, I will pay the PM klmc for MIS mcf%Mg InsomM. I we pay de premiums Until the noulmnent for mnpp InMOSM9 and, according to my MUM agreement with Leadr, or anomhg to law. Lender may n Nevin; mm to Pay Me W WW" h ft manner disunited In Paragraph 2 above. S. LENDERS RIGHT TO INSPECT THE PROPERTY lender, air oils auMarhad by Lander, may enW an and Inspect 010 Papery. They must do so In a reasonable manna and at la m" iaree. flefon r at Me gee an Inspection is made. Lndr must gild ran notice stating a reasonable purpose for the Wpwwm 9. AGREEMENTS ABOUT CONDEMNATION OF THE PROPERTY A bddng of PMPMy by any governmental autbarlly by Sentient daSaIn Is known as 'coMwnMlbn.' I gds M Landr my right: (A) to prpeedm of at awards err clekm for demagee msuthg nom condemnation or other gove . 0 I&ft Of Me pmoeny: and (e) w M Prpeeds his a $le of Uts Plug" that Is nrde to avoid cndannatlon. Al of those proceeds VAN be paid M Lender. 0 all at the Property k taken, the Pmpns wll be used to reduce the Sums Secured. If any Of the Proceeds i maIn after, the ~ teat 1 oak to Lander has been paid In leA the nmahhg proceeds we be paw to men. Unless Ler dr sod I pre onwwbe in wrbeg, I my • pan of the Property Is taken, the amount that I ows m Lander we be reduced nay by Me amount of proceeds MuYgkd by the folowhg Section: (A) the MIal amount of the lone secured Irr"WHaNly before Me akYp, divided by (B) the tit MEW value of the Property kn vedlerely below the taYYy. TIM nmehder of the proeveoa we be peal Is mw B 1 abandon the Property, n P I do not answer, within 30 days, a MUM from the Lender sbthg that • gewmmental authority has o6en to make a payment Of M Nhlm a plain for damages. Lnnf has the nthority to callocl the proceeds. Lnder my then wee the pmcaeda to rpok M marala die Property a to too= the some saprad. TM 30-day period We begin when the notice Is given. B wry Proceeds N used to deduce the ammunt Of principal which 1 own the Lender under the Nob, that use will Mt delay the dee data r pMngs pre Moment of any of my monthly payment under Me Note and order Paragaphs 1 and 2 above. However, the Lender and 1 may age In writing M those delays r Chenille. 10. CONTINUATION OF BORROWER'S OBLIGATIONS AND OF LENDER'S RIGHTS (A) Barren nblgmilons e?'- F VM.e Lander may slow a person who IWas ors' my rights and WIWWs to deny or IC Change the amount of the mmION payments of prhabei end iMl t des under the NOW or Iwder this Securer InslN,m, EM N Under does this. however, ma person and I win both stb be fully Obligated under me Nob and under this Security Ime nont. Lender nay allow those may, or changes tar a patron who VAN over MY rights rid obligations, even I Lender Is rwquestad not IO do so. Lander will not be required to blind a kw 4 against such • person 101 001 kOft IM ob"lon of the NOW or Ihe Security InsWmnL (S) Lenders Flights Evan 9 Lander doss not aurorae or OWN any fight of Lander under this Securty Instrument a Under trio law. Lander will atD have es of those rights and may ewwcbe end enforce them In the future. Extension of Isms for paymenl or modification of amrttaalbn of the sums esdered by this Security Instrument grated by Lander to my suceassor in Interest of 9onowar shelf nor apaab to feless, do liability Of the mbInar Borrower a Barowles ssccuscre, In Interest. Any broeasnco by Lander it, Wanking my right err haesay wall not he a wader of Or Preclude the aaaaise of my right or renway. Even 9 Lender obtain$ Insufuce, pays lesser, or pays after cakna, c Wgu or Ions against Me Properly, Lends, wit mro the fight under PNPVh 10 DNOw to drwd tlW 1 make Inanedab pennant in NI of the amoral than I owe to Lander wider the Note and this Securer InslnMamt 11. OBLIGATIONS OF BORROWER AND OF PERSONS TAKING OVER BORROWER'S RIGHTS OF OBLIGATIONS MY Pmm who takes over my rights or obpelions Under, this Security Insbumnl win have AN of my rights rid wit be obligated to keep al of my prunes/ and arimmenta made M, ibis Semwty Inswu L Sim". any person who takes ova Landers rights or obilgesbns under this Security Instrument will have as of Lndoes donna and will be oetlpared to keep Ss Of LMOKs atheamanb aside In this SadbBy Instrument. 9 MCM than ane person alpm this Securly InaWmenl u SmOwr, each of us is luny Obipated to bed so at Bmwees womian Md obsgalWas ontAhed In this Securty imtumalt. Lender my enforce Landers rights undw this Security Instument against Inch Of US Indh SUSAY ON apesrsl of of us I09WW. m This Men$ that My one of us may be reqused b per M arm secured. Moment, 9 arts of us does not son the Nob; (A) that person is signing this Inhuman, my b gin Wit Gal rights In the Property 10 Lander under the temp of Ihb Security Instrument; Md (B) that pesos Is not personally obligated to pay the sums, "Cured; and (C) that person apses that Lender may agree with the other Borrowers to risky enforcing my of Landers right, or so mOdty, or make any scroommodetlma with regard to the tams of this Security Instrument or We NOW without the person's consent. 12. LOAN CHARGES If the ban secured by this Security Instrument Is "alert to a law which sell Museum low ehrgas, and that law a Maly Mlerprelad so that the Inbmot or other IoM charges colected or to be collected h connection win The IoM =,ad parmAled ants: (A) My Such ban CMrpe ski be lodeaod by the amount necessary to reduce the charge to the rambled U nt; and (B) My sums already CoboM kom eorrover whin exaeded permMed Onts will be refundad to Borrower. Lender may choose to mares this Mend by reducing tin primpar Owed under the NOW or by making a direct payment to BonOwar. If a blurd mduces fainelpeL the reduction wit W heated u S Wide ImmymMt weh0ut any OMPermrm O rga Under the Note 13. LEGISLATION AFFECTING LENDER'S RIGHTS 0 ¦ change at epaecebb taw would nuke my provabn M the Note or this SOCUMV InDW t mMforceabb. Lender my require I I'M Penmen In lull Of AN SUMS secured by this SO My Insbummt es that phrase IS defined In Paragraph 19 below. 11 Leader requires knmukb payment In bit under this paragraph 13, Lander wit take the sips rid may war as spechad in Paagnph 19 below. 14. NOTICES REQUIRED UNDER THIS SECURITY INSTRUMENT Any polka 9bt must be ghan to the under this Security lnsmmnt will be gMn by d@WerIng N or by mailing it by first mess map Mass appl able aw mquup use of mother method. The notice will be addressed to ma at the address stated in the ssotlon Above titled 'Desc lPflon of the Property.- A Notice Sup be given to M at a different address ¦ 1 gin Lender a notice of my dM wt address, Any notice that min be pin to Lander more this Security Instrument win be given by mean0 I to Landers eddress stated it, paragraph (C) of the Section above Wbd "Words Used Ollen In This Document.- A notice wit be mined to Lender M e drt address 9 Lender glee M a nodes of the different address. A mlka required by Ihb Securer Instmment Is given win it is maid a win t Is ddMnd acco,419 to the requirement, of this Paapsph 14 or of applicable by. 15. LAW THAT GOVERNS THIS SECURITY INSTRUMENT This SICWSY kWft Mt b go tmd by Federal taw Md the awe of the Armdictbn whom it* Prop" 'a located. The born r hereby consents ad epees that the debt hereby secured, a any tun thema, may be named or edanded Myead maturity as often u may be clinked by agreement between the creditor and my subsequent Owns, of the property, and no such renewed r a SW shat In my way Alto the bonowers mapmebtly. whether as Surety, a otherwise. The borrower ad my other Piny assuming liability haemdw rarely consent and agree that N We property conveyed hereby r a substantial portion thereof he Danstarsd to my subsequent owner. ad the credior ammbee the right to socearate mats secured heo0y. the rsdNr MY accept My delinquent payments a DOW clue of default diving rise to such aceWratbn from the dun owner of the property or my other person end rennfats the IndsobdNU In accordemce with the schedule of ma" as of the tine of aOsk.uen or upon Such new Schedule as may be egad s nwnt or es Iron ace othawiu pemdted and no such nvbstabmenl shall h any way .deal Me eablOy of such pre PMhe, wMlhr ss surely a athen," N any teen of Mi. Secway Int6unrn r a the Now carats with the few, all Close loans of this Security Instruni Sued a the Nob WO Still remain h Meat V they can de own ofect w4Mut Ahe contacting berm. This amn& Mal my terms of this security habumem had of the NOW which Conkkrts win ale be can be eap4nled item the rem icing lamas and Me Whatarig toms we alit be ereaced. 16. BORROWER'S COPY I will be given one canloamed COPY of the Nab rid of the Secumy Instrument and hemby ecknowltdoe WOW "Mi. 17. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER II aN a arty put at Me pmpeay, a an Inbmat Ihefaht is said or transferred by Borrower (r F a banskill Omelet! Is Sommer Is eaM of Vol MW d and am" is not a refund person or pereans but Is a corporation, parMarehb. oust a Omer 0941 WINy) rAnoa LWOU, pdor MMen,Neal, mljdhg (A) the cmoon of a ion or ancumbmce Subordinate to this Sannh/ Instrument which don not rebb to a h Ww of fighb of oaupanay in IM proprtyl (B) Me creation at a PUMhon =MY MMIekv hued far household apps m : (C) a banahr by dew.. descent or by the operation W law upon Me death at a Joint Mont; of (D) the gent of arty baeheld hlsasl d Ulm. years a INS not aneInhg err option to W rchate. LMder may, at Lender. option, (Makers Sul the sums secured by Omit $so^ Insb l to be Mnedkelely on and payable. 11 Lm i, ni mlws Pro option M sctebrate, Lander anal mall Summer notice of Acceleration h accordance Ofth paragraph 14 being, and tender may. In a0ardure wish ism4yu is sew, Invoke Imy mmatlmo prmNed by Paragraph 24 heroin. Lmow, may consent to a sele of IrWSW II (1) Bomowsr man to be submhled to tender information requited by tender to waWab Coss inst..e u F a new Inn Sun behg made to the unehreal (2) Lander reuaaby dV*Mh" that Leadsre WUI" win oat M Ompesed sed Wt the risk of a bl h of My cofrbnt Or OWN 0 1 At this Saii hlWnpd b &OMKbb; (J) interest will as payable an the sKM wooed by the Security Instrument at a note acciaMbb to Londe: (4) chsopot In Me Kass of the Nob and Mb Security bsbwWt mquWd by LMOr r• made, heeding, for esampb, periodic ed)uabnant In gs lelarat rel., a Macao Kul pgmnt dab for the Inn, and Addition of unped Moored to prrrbab and (5) the banakwn signs an Assumption agnieraval ft Is asceplable to Leader W d that obgPas Me YMafree to keep al gm on nreb and apeanw s Made In the Nab 4N In tide SarrAy Instrument, u modNled N requited by LWOW. To the extant permitted by appluble lows, Lender also my carpe a mtaMOb in u a andNOn to LMdoes conaeat b my ub a bansbr. BalawA ,rill continue to be obigted under do Nob Mal Mb Sac ury hsaumant mint Leader remoaes Buwwar In MMIg. 18. BORROWER'S WARRANTIES REGARDING FORFEITURE Bonowwr Memo teal he will not use, and vdl not pwmk MY third party to we the Properly ar any portion Vierwl a heat therein for arty purpose that would cauu the properly, b be subject to fo(Mwre. Borrower hoUmr ernes that the PrOpMy has Mi been scqused wth the pmceode kom my oMaalbn of mWAY that would IhomOy Cause tea property to be wawa to kduure. 19. LENDER'S RIGHT TO REQUIRE IMMEDIATE PAYMENT IN FULL N 1 M to keep My pmmhas or age MIS made An the NOW or h this Security Instrument. Including the promises to pay wnM the der smCYpK I awe to Leader, 1 will be h dsiwk. It this Occurs, Me Leader may require that I pay tnnedbtay the mike unount Merl mrhhg wspald under the NOW and under this Security Ins WmnnL Lander my do this without making arty bnhr demand for paymML This mquiremeat will be mold'Irtmsdble Payment In Fuv If I ern In default far my ruson, you have the right W ds d peymMI at the Mike unnnl 1 owe YOU. If Leader requires payment in full or In Me own of a foredbwre action, I sprat M pay reasonable and pemYssbb legal Miss, ante And CkOUMWWta, albwucec and Addkbnal allo COI u may be awrOM by My )udgmMt of WWbaera and Asia added Iterera, and that such toed Amount shell be pail by me with Interest, as epealbd In praWaph 25. up to the data you scluery make such payment riven aft, faeoloaum rxaNe. _ In sew hawk for sW Leader will hew the fight to I0 co1Kt el costs allowed by her; VII nave the lompeM sold u we paMeb and fn haw a ReceNr IPpohud by the Court without Nst ghrIng notice to lea and without regard to the vaka at Me Property. Upon acoeleratYln, Summer Ohio hen no right to rehsels. Al rights and remedes provided h this Seoarey Inemnrrlt ere dtlhet Md ranabthw Many other fight ar remedy under this Security Insini ar afforded by law or equity, Md MY of w IoM Cade try, hdpw6MUy a SOcaashrely. 20. LENDER'S RIGHTS TO RENTAL PAYMENTS AND TO TAKE POSSESSION OF THE PROPERTY I Landr requites keaw0lsie Palmeri In Fuk r 1 I abandon the Proprty, than Lsdr, prams wthorhed by WOW. Or a weaker appointed by the court as Landers request MAY; (A) Cabot the mW paymeaK. Including cmdue mW permits, nadir trap, the iryunts; (S) anbr on had INe possession of the Propeay; (C) mange IM Properly; and (D) alga, anti and change Mi If Leader nollM IM Monts, Lender, her the rhea to Coped tonsil puymOnK M Lends, without having 10 ask whether I IoM to keep my prrNan and ageamlrea under this Soci Iniwment. It them Is a Judgment for Leader In a Iswtuft for foreclosure and tab. I w0 pry to Leader r ebb eat from IN ale Vre )udgmeat Is MtMd Mr u long out I occupy the property. HawaW, this do" not gM Me me right to occupy fir Property. AN renal pigment coined by Lender or by I Mai other than the MI paid by me under Mb Paragraph 2g. MI be used first to pay ge, Caats of Gaining Mel payments andor meraging the property. If any pea of this rental psythi maths after those / ,? IAA// • f I Caata hale been paid h NIL tin re iMilo pan we be used to reduce the amount that I Mrs to Lender under the Now and under this Sawrlly hslrvmal The costs Of managing the Property My Include the nceNKS Ins, reasonable nlorney'& Was. and the Cal of my eC,seery bontls. Lmder and the reN.er will be boosted 10 account Only for those rental payments that they ectaty nOWb IS t tal to make any payments d keep Promba under this Security Instrumant or Me Note, Na 1 Salt May monthly In avancs to you or to airy ="W a tat charge for Me use of the property that 1 occupy, 11 1 do not pay Ibis fee nor", you or the nceMr may sow to COW It or to remove me, or both. I wit not "olal more Mm One (1) monlWe rent In Schemes here my ornmt or oapent without your whom cement. 21. LENDERS OBLIGATION TO DISCHARGE THIS SECURITY INSTRUMENT Wan Lender has been Palo AA Mramta due under the Note and under M4 Security Instrment the Lrder wl rebus Me Security MamarlL and debtor a Certa5 is StaMg this Securhy Instrument has been paid h lea Lmcer wig Mn poll a caNOels sltlhg Mat Mb Society InNnmeme IreS been atbad. 1 coal pay all costs W necardlig the Refuse h Me pmpr orfbW No". 22. ADDITIONAL CHARGES I agree to pay Ong reasonable charges in connection with to Srvbhg of this low, Including but not limited to obtaining In NMOaa red bill and h processing Insurance love payments. ownership ometsm. nlaaes, constraints, consent,, alnnlons, modifications, paid agreements, sal; mMtS. reduction cmslcates and Saa66clim of Mortgage. In to event 9orrbwer dktocta lands, to order, my reports, appraisals, seuchol, examinations andfor Me Me, I aura that the amass for the sane Y to be added to the balance of the existing mongage, M some Is not aid within 00 days of wnllon notatmm. 22. HAZARDOUS SUBSTANCES 9anowM anti rlat Creed a suffer to ex4L or amts any of a agents, MnplOyea, Contractors, pals. a Irritant to Pisa our web a edit soy Ilan, security hersst change a encumbrance seeing the Property or ate portion IbreoL relalhg 10 soy physical or an,- mwW condition, habdh9, but tub Imbed to, my tan herons pureuml to Mean 1C7(ry of Me Sweetland Amendenfinis and Mmutharks"m Act ot 1906 412 U.B.C. OW(m at my saner YOMal. state or least stalua. regulation, rob, order a oNalmu. Bamwer sag not saute a arms my Case parry to case a permit Me presents, use, rlaposal, storage a rebus or my Hasrdms Substances on or An the Property. Sommer Shag not do, net saw anyone else to do, myMIrg ,ffarnhg the PMPety Mel to in violation of my emiomwlal law. Borrower shelf provenly ghte Me Lends wrhtm notice of my InwStoallon, claim, demand, hwsull or other action by my pOVMmmmW a regulatory O MM or prk'aa perry InveNhg the properly nd my IYardoa Substance Or Mrvtarenmtal law, of which tit Benown to WM MWAIC10e a should heSe sepal mowtaa. s SOM)"r looms or Is notled by ay avM Ul W rePabory athonry inlet My raMW or r dlagm of soy Holograms, Substance eheaHng the Property AS neen ary. S"nawer ,Ong IMOMPdy tab rM"SW =OdIM. re1155"1 red other esae ""SONY W Clare up red renews all Hazardous Sub/tangs. Seed mates, a contaminates on, At. from, or mating It pmarty a Nry amen thereof. in eooordmbe vin elvkonmental law, to the Wbl,elbn of the bndSr and In accordance nth as orders sed directives M goammental who ttse avail Jun dIctbn over the Property ndfor much substances or materials. II Borrower lots a take rawdW action, and upon rint", of notice tam my any suM1Irg to edabra of My HaterOous Subslmom effecting tin property that 0 as my Meuk h an order. soh, InPaSkian CA a Bern an the property, or other match, a I din tender If good halm alms would Jeopardize to seeurhy, interest. the landsr at is option sag take whatever action nocasery In accordance who ambonmenW low, to clean up, remove, nsoN* or otherwise rOMBdi a the Situation. NI Maonable east$ ntl aspnses paid or Incurred by lands, in the eaMise of with rights nee be eared by M, line Sarmwer shag hdammly, a0rlanb, d I it and hold hMMas Laden its omen, directors, sharehokare, seals and employees, Were and egshgt any and of Wain, demands, obligations. penalties. Ma, use, bWllbs, sanlbrenn, damages, basso, Costs and -_z aromas (Including but not holed to, sttamay red oosulal lea and espol hnspplbn foss, tab"rdory Manus, clonup costs and Other a`, an or BYMbn or arbb rdcmh u was a my such Was and Manses Incurred h anforohg Mile hdemnky, end soy vYYlbn of my epka0le avaomlental it" In affect on or before the date heraef or hreShar made shacks. As used In this document.'Hourdous Substances' are those substaas dellad as toxic or hazardous substances by III A 0 mmW taw, and the following substances: guahe, keroome, other commibY or ado attoWUm products or by-products, kMdO POWO'da, Imbkl0ee red fungicides, vatsta sahenta, mMrbb ContahIrg aseeslaa or So malonyd, and adboC*e Materials. As used h this document. TmirominW Law' moms Social state, and local 11". statutes, ruin, (OVIOUons, Judbiel "cars and decisions that reeta to health, sally or nvkonmenW protection and rehlnnC, In the Jurisdiction whom the properly is boated 24. MISCELLANEOUS PROVISIONS (A) In the bent that the alder at Mb Security instrument a Mouthed to retain legal counsel Yr Me purpose of Commencing Waken, procadhg hrrradv a reaonabb Sam red be added a the Said habteMae. as air no nesoebie legal fee and dsMned sand hereby in ad0lbn to sometimes. Costs, Mbwmtes as provked by law. (B) It this Sarty Instrument hrohes a Condernhium m%, any failure to pay common charges when they become We shall be considered a debut otiose r i.. (C) In the Mat that SHOW dMlean Bankruptcy and Under hes pelg11on dismissed Ihm Bcaewr shell be mponebb la Landers opal INS. (O) In the ~I that Lender ehae aaanp any money In order IS pay Borrowers hn k Ines' WWI hold Insurance and/or any other ludgmen s, brae, vblalbns Of SC110ns Under Paragraph 23, ban Bonawer WA MY Interest M he Sums edwnpad at the rate Specified In Bowower's No* (B) In he avant that tan peals" Wlkm purely, or Bnowera'Istemenls anorur taprgeeolallCas Nn been found Io be false pint to the dlswnMlMl of flung h, Lender. in os $06 ""IOn, MY canc., this Note and Lander Mel ham ao onhr obagalone to the Sormwr. Leader agrees that IeMr wB tar t S,V,W, n of Mortgage h the CWnly MIS SMYMV Irlltrument Is Ilbll wllh the Opb or he Cony Clark per to cancaaaton by Lander. (F) In he pal that any CheCk pap by Borrower w Lander It raorrned unpaid hen and in that swat Loo" my, at Lander 'a OPOW, matual bank Ot CWWW funds W own payment made hw%kl (O) In he avant the Oolfcamr(s) hemh puss r bring any Acton, PrecaspIN r prhlen lot ha mosio ant. ROuWSflon or r W gmanl or thou total hdered ", under any fed"µ wale w bar., stare, and h such swat hem k an improper opstmeal of pal led of this Se"UMy hswnwM'gbh the disking al any TSIS, Code or decd SWM UMMh M4uanl, there shag be Slowed, awuded and gmked N the holds, of his SecUnly InaWment by too Cast r bbunal having hhhotelon hereof, reasonable Intl Ina hwf M to PrOW tan M or his Security Inamorata against tuah improper kar nW t. Or of Ina rant he holder of ibis SMNtY filament Is mgrked in bring n my motion our prMeMhg to esWe My slay or Comp., MlMtlon of My proposed pm. Bob SWOOP of reasonable Counsel late shell be blood upon the reasonable hourly baling rate of an Wermeed Mat ewWOankhgry pMatton" within the ludedktlen of the COUd of trial Md whrout erry reftranae Or regard direct r hdkMI 10 he now disused henry at 'Mannerly of Admhbbaton- I (H) h addition. LW0W shell be n1kIM an Chu" intent an as aoanred Internal. ors:bwn Coate. Mbmay, fees wha hs, Incurred IS • MWt of the 1orMOSrs r the bankruplay pMCeeall r other prapelNM umamge potatoes pursuant to r through My pin an the OnkWpcY procsedkq. The hmml take shag be the 'erna rue Changed under the Nola MU d by Ibis Smrsy Inskumanl. 26. ACCELERATION; REMEDIES In the eve., Of a aslant by Borrow", In MY of IS covenants tad Wenern hMUmdr r h he Mal of a rwh of any of BOlrOweh (apreshnwi"m and eaneniks herein, Lender. .,is C all may "im amedbls Payment In l.1 of at erne searmd by his Sewrty 1AMmam e1houl harder demand r woke of Sommer, and MY awoke any mmdy pnmind by aPPlbabb dew. B ha WWK nlWkes Pamenl In Aug. Of h the Mat OI a horecbsum Milan. I atom to pay reasonable bpi base, principal and hteres4 COIN and dbbutemenb, ukwMaes and edddM" ahewaecan so may be awarded by My judgment at lomobeura and 8111 added ther"O. Mar awtlsrallm and untl a heigment hat ran mated. I shag pay this 1041 amount with h1rae4 up ke IM day you MOMS recahm such parent, at the olonhg honest rate: a) gays p his Is a Orion, mh m,NS It S0,0 40, r Of an. Nab NN b his Is a mortgage Ismail m original pMCklal among barmen SSXCJW and 160,000A0. M" a ludy0rnl hen bean rendered, the hnest rata wis be he highest pemapad by Um Stake of Psmghenk. N addtlM, Lender shag be nNlsd to C04M at Mange In"xmd III Orsuhg the mr"as provided In his Suede h 75, Picturing but not ftbd to. reasonable attorney's fears and Mats Of Nls aldnes. Upn apeNrapon, Bormwr Matl here no right m MhaNta M rights and remadW prov idsd h his Secrl , treatment we dklhr and pumuk" to My other right r rawly under his Seoroly laSIr mS W atortled by dew r equity, and may be 0"00 ConermnlN, hppndemly ads suMMelmly. 26. RIDERS TO THIS SECURITY INSTRUMENT tl an Of mom Mars N spnM by Brewer and rMOMea IONI a wan his Sbc^ Instrument. am PmmhOl and sgreemants of Mesh Sm hcrpOralM as a pan al ha SW V I SWmnl. Check appill Dm(aa)I Aclusbbls Pat* Wrier _ CMd=haan COs, _ ShveWN Payment RNs, _ GrMwNd Payment Role, f4 Finally Rker - Pfaretad Link OMbpmpd Paler RCN krippvernrn Rdsr _ Second tern Mat, SCnaOUI& 'A' LOW VA Rldr _ Obw(s) Ispallyl BY SIGNING BELOW. Bowowen MOpl and agree to the thornless and agreements contained In this Sawhy Instrument and In MY 011001(11) sighed by ma and recorded with I. ?.? (Bppg -If GARY kU1WBAKER Bmowar ® ® I VELMA M. HAWBAKER earmww STATE OP WAY AND, c/ E;,o,r COUNTY, low, u: I hofr0y CwM. Thu on the 17th dry of MAY, 1997, before me, the undersigned, a Notary Public In and for said County, personally appeared GARY L. HAWBAKER and VELMA M . HAWS ' and a ArAnahdpd IM IMr 601MM the ruro W Na Pupora We t aMh canYMd. S S ,Hg WTINFS9 M hand rnd odclrl w&L -- / U oWy Puob hl ? e MY Comm aebn fipln: 2 c( -4 4 1 CERTIFY THAT THE PRECISE PLACE OF BUSINESS OF THE WITHIN NAMED MORTGAGEE IS. 10902 REISTERSTOWN RD, STE 104 OWINGS MILLS, MD 21117 V MICHAEL E. FINE, ESQUIRE f VERIFICATION The undersigned, and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to his information and belief. i ?, lb 'oo ?:. If ?lb 0 -ij 0 J