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HomeMy WebLinkAbout99-071100 l :2 :e w SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-07110 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IMC MORTGAGE CO VS. MOSES FREDERICK R ET AL 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: MOSES CYNTHIA LOUISE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT FOUND as to the within named defendant MOSES CYNTHIA LOUISE DEFT. NO LONGER RESIDES AT ADDRESS STATED, LEFT NO FORWARDING WITH POST OFFICE. Sheriff's Costs: So answers: Docketing 18.00 / '=G Service 3.10 // NOT FOUND RETURN 5.00 Surcharge 8.00 Rv omas ine, eri'f- $3'7 GRENEN199yIRSIC Sworn and subscribed to before me this Yti% day of 19A.D.^^ ?^ ^ ro?nono ary? STATE OF PENNSYLVANIA, SS. COUNTY OF CUMBERLAND 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 --------------------------- --------------------- ---------------- is the grantee the same having been sold to said grantee on thcktLt -------------------------------------------- day of September xx00 ------------------------------°-_------ A. D., 19____-_--, under and by virtue of a writ------------ Execution 14th issued on the ------- &2000 out of the Court of Comman Pleas of said County as of day of -------------------------- A. D., Civil ------------------- Tenn, 19-C& ---- Number 7110 IMC Mtg Co _______ ----------, at thesuit oE--------- -----------------------------°---------_______ - Frederick R Moses & Cynthia Louise ----------------------------------- against- RotialiT?-Dic7c-& -Suzanne H- _____-_, Page ___----- duly recorded in Sheriffs Deed Book No. _230 66D IN TESTIMONY WHEREOF, IAAhave hereunto set my hand and seal of said office this 10_________ day of ------------------- . D 3?cz?flQtJ_ -- ? R er of Deeds Recorder of Heeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2002 IMC Mortgage Company In the Court of Common Pleas of -vs- Cumberland County, Pennsylvania Frederick R. Moses, Cynthia Louise No. 1999-7110 Civil Moses, Ronald L. Dick and Suzanne H. Dick Richard E. Smith, Deputy Sheirff who being duly sworn according to law, says on July 11, 2000 at 2:52 o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice Poster and Description, in the above entitled action upon one of the within named defendants to wit: Ronald L. Dick, by making known unto Ronald L. Dick at 2140 Waggoners Gap Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. Richard E. Smith Deputy Sheriff, who being duly sworn according to law, says on July 11, 2000 at 2:52 o'clock P.M. EDST, he served a true copy of Real estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Suzanne H. Dick, by making known unto Ronald Dick, husband at 2140 Waggoners Gap Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. Richard E. Smith, Deputy Sheriff who being duly s wom according to law says on July 11, 2000 at 4:10 o'clock P.M. EDST he posted a copy of real Estate Writ Notice Poster and Description on the property of Frederick R. Moses, Cynthia Louise Moses, Ronald L. Dick and Suzanne H. Dick located at 123 West South Street, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Frederick R. Moses by Certified Mail Return Receipt requested, Restricted Delivery, Deliver To Address Addressee Only to 117 White River Blvd., Hollister, Mo. This letter was mailed under the date of July 11, 200 and returned to the Sheriff's Office on July 24, 2000 with reason checked Forwarding Order Expired. R. Thomas Kline, Sheirff, 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: Cynthia Louise Moses, by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver To Addressee Only to 123 West South Street, Carlisle, Pennsylvania. This letter was mailed under the date of July 11, 2000 and returned to the Sheriffs Office on July 13, 2000 with reason checked Authorized Time For Forwarding 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 he action to one of the within named defendants to wit: Frederick R. Moses by regular mail to 117 White River Blvd. Hollister, Mo. This letter was mailed under the date of July 31, 2000 and returned to the Sheriffs Office of August 7, 2000 with reason checked Forwarding Order 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: Cynthia Louise Moses by regular mail to 123 West South Street, Carlisle, Pennsylvania. This letter was mailed under the date of July 31, 2000 and returned to the Sheriff's Office of August 2, 2000 with reason checked Authorized Time ua For Forwarding Has Expired. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due I?L? s and legal notice had been given according to law, exposed the above described premises at public venue or outcry at Court House, Carlisle, Cumberland County, Pennsylvania, and sold the same for the sum of $ 1.00 to Attorney Craig Staudenmaier for The Chase Manhattan Bank f/k/a as Trustee of IMC Home Equity Loan Trust et al. It being the highest bid and best price quoted for the same The Chase Manhattan Bank f/k/a as Trustee of IMC Home Equity Loan Trust et al of 4501 Erskine Road Suite-50, Cincinnati OH being the buyer in this execution paid to Sheriff R. Thomas Kline the sum of $ 960.40 it being costs. Sheriff's Costs Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 30.00 18.83 15.00 15.00 30.00 10.00 .50 1.00 6.20 12.64 15.00 50.00 321.20 360.00 23.53 25.00 26.50 $ 960.40 Pd By Atty 9/28/00 Sworn and Subscribed To Before Me This Day of 0z? 2000, A.D. ^`f Prot o otary So SR- R. Thomas Kline, Sheriff By :?-tu A Real Estate Deputy 3D ?,? CJ2. 29??'J(P, 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 LaNv 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: JULY 28, AUGUST 4, 11, 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 BALE NO. 84 Writ No. 1999-7110 Civil IMC Mortgage Company VS. Frederick R. Moses, Cynthia Louise Moses. Ronald L. Dick and Suzanne H. Dick Atty.: Kristine M. Faust LONG FORM DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erect- ! ed. situate in the Third ward of the Borough of Carlisle. Cumberland County. Pennsylvania, bounded and described, as follows: ON the South by West South Street; on the West by property now or formerly of Joseph B. Thampson's heirs; on the North by property now or formerly of William H. I Tooke anti wife: having a frontage on west South Street of 17 feet, more or less, and cdending at the width, 127 feet, more or less, to the property of the Louden Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 1 I day of AUGUST. 2000 LOIS E. SNYDER, Nofory Puyge Car'" Coro, Cumberland County, PA My Commission Expire hkomh S, 7001 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication U?derlict Nil5s7 BoorauedI Commonwealth of Pennsylvania, County of Dauphin) as James L. Clark being duly sworn according to law, deposes and says: That he is the Accounts Receivables Manager 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 181h, 19 PATRIOT-NEWS , espec, and dd THE all Shave AbeenT continuously Market Street. in hch City, 41hn11854, and September that lwere established Mar published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday and Metro editions/issues which appeared on the 1st, 8th and 15th day(s) of August 2000. That neither he nor said Company is interested in the subject matter fcsai printed notic ern are advertising, and that all of the allegations of this statement as to the time, place true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify the statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous ook "M", Volume 14, Page 317. /^/ PUBLICATION ---------------------- -..k----=--------------- S` - 30th day pfAugust 000 A.D. COPY NM.v lSimi /.I /. Q A 1 F 854 Terry L. Russell, Notary Public I Hamsburg, Dauphln County My commissionExplfesJune 6,2002 NO ARY PUBLIC Member, PennsyNania Association d War(ggmmission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached 358.50 hereto on the above stated dates $ 1,50 Probating same Notary Fee(s) $ Total $ 360.00 of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general ies that eipt of the aforesaid notice and publication cTHE and ce of NEWS CO.e same have k is Receipt for Advertising Cost By .................................................................... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY NO.: 99-7110-CIVIL Plaintiff, VS. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK and SUZANNE H. DICK, 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 Ronald L. Dick and Suzane H. Dick located at 123 West South Street, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RONALD L. DICK AND SUZANNE H. DICK OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE 3RD WARD OF THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 123 W. SOUTH STREET, CARLISLE, PA 17013. DEED BOOK VOLUME 191, PAGE 372, AND PARCEL NUMBER 04-21-0320- 275. ..trc;at?q 1. The name and address of the owner(s) or reputed owner(s): Ronald L. Dick 123 West South Street Carlisle, PA 17013 2140 Waggoners Gap Road Carlisle, PA 17013 Suzanne A. Dick 123 West South Street Carlisle, PA 17013 2140 Waggoners Gap Road Carlisle, PA 17013 2. The name and address of the defendants in the judgment: Frederick R. Moses 123 West South Street Carlisle, PA 17013 117 White River Blvd. Hollister, MO 65672 Ronald L. Dick 123 West South Street Carlisle, PA 17013 2140 Waggoners Gap Road Carlisle, PA 17013 Cynthia Louise Moses 123 West South Street Carlisle, PA 17013 428 Fairground Avenue Carlisle, PA 17013 134 N. Hanover Street, Apt. 4 Carlisle, PA 17013 Suzanne A. Dick 123 West South Street Carlisle, PA 17013 2140 Waggoners Gap Road Carlisle, PA 17013 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 American General Finance, Inc. Ambassador Home Improvements, Inc. Dept. of Housing and Urban Development (Plaintiff) 6 S. Hanover Street Carlisle, PA 17013 123 W. South Street Carlisle, PA 17013 P.O. Box 23999 L'Enfant plaza Station Washington D.C. 20013-2399 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 unswom falsification to authorities. SWORN to and subscribed before /meetth?is day of??t, rrCn? , 2000. L kkA- )-0 5` 443 r. UQJ Notary Public GRENEN & BIRSIQC, P.C. coce-A By: Kristine M. Faust, Esquire Attorney for Plaintiff j Patrldan:...,? ?_.:..h,.rryFhtbtic PIGsbUIS ., . iL, ..,tty County my COmmiss o.. Er.,aras June 2, 2000 -MMHW,, Petmriaroa rtsaa.tatr nt of NotatWs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY Plaintiff, vs. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK and SUZANNE H. DICK, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Frederick R. Moses 123 West South Street Carlisle, PA 17013 117 White River Blvd. Hollister, MO 65672 Ronald L. Dick 123 West South Street Carlisle, PA 17013 2140 Waggoners Gap Road Carlisle, PA 17013 NO.: 99-7110-CIVIL Cynthia Louise Moses 123 West South Street Carlisle, PA 17013 428 Fairground Avenue Carlisle, PA 17013 134 N. Hanover Street, Apt. 4 Carlisle, PA 17013 Suzanne A. Dick 123 West South Street Carlisle, PA 17013 2140 Waggoners Gap Road Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 on September 6, 2000, at 10:00 A.M., the following described real estate, of which Ronald L. Dick and Suzanne H. Dick are owners or reputed owners: as., , ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RONALD L. DICK AND SUZANNE H. DICK OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE 312D WARD OF THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 123 W. SOUTH STREET, CARLISLE, PA 17013. DEED BOOK VOLUME 191, PAGE 372, AND PARCEL NUMBER 04-21-0320- 275. The said Writ of Execution has been issued on ajudgment in the mortgage foreclosure action of IMC Mortgage Company Plaintiff, VS. Frederick R. Moses, Cynthia Louise Moses, Ronald L. Dick and Suzanne H. Dick, Defendants. at Execution Number 99-7110 in the amount of $ 76,194.09. 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 tite 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 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 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 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.: 99-7110-CIVIL VS. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK and SUZANNEH. DICK, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described, as follows: ON the South by West South Street; on the West by property now or formerly of Joseph B. Thompson's heirs; on the North by property now or formerly of William H. Hooke and wife; having a frontage on West South Street of 17 feet, more or less, and extending at the width, 127 feet, more or less, to the property of the Louden heirs in the rear; being improved with the Western dwelling of a row of four 2 %x story frame dwelling houses, with a double frame garage in the rear, being known as No. 123 West South Street; the Eastern line of said property running through tha division wall separating No. 123 West South Street and No. 121 West South Street to the East thereof: TOGETHER with the right in the Grantees, their heirs and assigns, of ingress to and regress from the lot hereby conveyed over and upon the Northern 16 feet of the adjoining lots to the East thereof, being Nos. 117, 119 and 121 West South Street, to the 10 foot alley to the East of No. 117 West South Street. BEING the same premises which Tax Claim Bureau, Executor of the Estate of Margaret M. Moses, by Deed dated December 7, 1998 and recorded in the Office of the Recorder of Deeds of Cumberland County on December 18, 1998, in Deed Book 191, Page 372, granted and conveyed unto Ronald L. Dick and Suzanne H. Dick. GRENEN & BIRSIC, P.C. Kri 'nd M. Faust, Esgmre Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 Parcel No.: 04-21-0320-275 (412) 281-7650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-7110 CIVIL 19 COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due IM Mortoaoe Company from Frederick R Moses Cynthia Louise Moses Ronald L. Dick and Suzanne H. Dick DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to Please see legal description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of 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; (3) If propertyof thedefendant(s) not levied upon an subject to attachment is found in the possession of anyoneother than a named garnishee, you are directed io notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $73,908.08 Interest $2,286.01 L.L. $.50 Due Prothy $1.00 Atty's Comm % Atty Paid $175.20 Plaintiff Paid Date: June 14, 2000 REQUESTING PARTY: Name Kristine M Faust Esc Address: One Gateway Center. Nine West Attorneyfor: Plaintiff Telephone: (412)981-7650 Supreme Court ID No. 77991 Other Costs Curtis R. Long Prothonotary, Civil Division by: Aez",l2 Deputy Corrected Deed. STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND I Ss. Robert P Ziegler I? ---------------------------------°------------------------------------------ Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ________________ kt? ------------------IMC Home-Equity _ Loan Trust_ 1996-1 -Tr -------------------- -- is the grantee the same having been sold to said grantee on the -------- 6th ----------------------------------- day of September xx2000 _ ______________ --- ___-____________ A. D.,19--------- under and by virtue of a I: - -----------------writ -------------- ----- --------___-Execution-- ----------------issued on the ---14th -------------- day of ___________ - ?une-------- D fc2000, out of the Court of Comman Pleas of said County as of ------------------Civil------°-------------------------------------------------- Term, 19----- -- 7110 Number ______________, at the suit of _______ I__DfC __ Di__t g. C__o __________ ---------- ------------------------- against Frederick Moses Cynthia Louise Ronald • Dick ----------------_R_ ---------------------------------- Suzanne B duly recorded in Sheriff's Deed Book No. _ 234 __ Page 394-------- IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ----- day of ----- !? ------------------ A. ?? -- ---------------------- Recorder of Deeds •- 1 GRENEN & HIRSIC, P.C. ATTORNEYS AT LAW ONE GATEWAY CENTER NINE WEST PITTSBURGH, PA 15222 (412) 281-7650 FAX (412) 281-7657 EMAIL grenbirsamdi.nee January 27, 2000 Mr. Curt Long, Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Re: IMC Mortgage Company vs. Frederick R. and Cynthia Louise Moses and Ronald L. and Suzanne H. Dick Docket Number: 99-7110 CIVIL Motion for Special Services Dear Mr. Long: Enclosed, please fins R.C.P. 430. The Affidavit your office for filing on Please file the Affidavit Honorable J. Wesley Oler, signed. i a notarized Affidavit Pursuant to PA original Affidavit that was sent to January 12, 2000 was not notarized. and forward a copy of it to Ruth in the Jr's office so that the order may be Thank you for your patience in this matter. If you have any questions, please feel free to contact me. very truly yours, ? ?t' ? eral L. Potter, Jr. Paralegal l' l , Enclosure e0-asa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY, CIVIL DIVISION Plaintiff, Vs. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. GRENEN & IRSZC, P.C. Kimberly J. Hong, Esquire Attorneys for Plaintiff NO.:99-7110 CIVIL ISSUE NUMBER: TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) CODE - FILED ON BEHALF OF: IMC Mortgage Company, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, Esquire Pa. I. D. #74950 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 IMC MORTGAGE COMPANY, VS. Plaintiff, FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. CIVIL DIVISION NO.:99-7110 CIVIL PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against the Defendants, FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, in the amount of $73,908.08, which is itemized as follows: Principal $ 50,797.94 Interest (to 04/16/00) $ 19,202.96 Late Charges to (04/16/00) $ 507.18 Attorneys' fees $ 900.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $ 73,908.08 with interest on the Principal sum at the rate of $14.89 per diem from April 16, 2000, 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 Plaintiff e 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 of the United States of America 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. Sworn to and subscribed before me this /7Ltiday of 2000. Notary Public kia ? i MSG . 11 80-454 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY, vs Plaintiff, NO.:99-7110 CIVIL FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. TO: FREDERICK R. MOSES 123 West South Street Carlisle, PA 17013 DATE OF NOTICE: April S, 2000 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 TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 GRENEN & BIRSIC, P.C. By: zl! ? Attorneyssf r Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID 80-454 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY, Plaintiff, NO.:99-7110 CIVIL vs FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. TO: FREDERICK R. MOSES 117 White River Boulevard Hollister, MO 65672 DATE OF NOTICE: April S 2000 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 TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 GRENEN & BIRSIC, P.C. By: Z2" /i Attorneys f Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 261-7650 FIRST CLASS MAIL, POSTAGE PREPAID e0-ie4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY, Plaintiff, NO.:99-7110 CIVIL vs FREDERICK. R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. TO: CYNTHIA LOUISE MOSES 123 West South Street Carlisle, PA 17013 DATE OF NOTICE: April -5, 2000 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 TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 GRENEN & BIRSIC, P.C. By: Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID 80-454 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY, Plaintiff, NO.:99-7110 CIVIL vs FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. TO: CYNTHIA LOUISE MOSES 428 Fairground Avenue Carlisle, PA 17013 DATE OF NOTICE: April 2000 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 TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 GRENEN & BIRSIC, P.C. By: 'zz? Attorneys ff Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID 80-454 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY, Plaintiff, NO.:99-7110 CIVIL vs FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. TO: CYNTHIA LOUISE MOSES 134 North Hanover Street Apartment 4 Carlisle, PA 17013 DATE OF NOTICE: April 2000 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 TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 GRENEN & BIRSIC, P.C. By: e= Attorneys for aintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID 80-454 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY, Plaintiff, NO.:99-7110 CIVIL vs FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. TO: RONALD L. DICK 123 West South Street Carlisle, PA 17013 DATE OF NOTICE: April-), 2000 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 TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 GRENEN & BIRSIC, P.C. By: Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID 90.454 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY, Plaintiff, NO. :99-7110 CIVIL vs FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. TO: RONALD L. DICK 2140 Waggoners Gap Road Carlisle, PA 17013 r DATE OF NOTICE: April ?, 2000 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 TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 GRENEN & BIRSIC, P.C. By: Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID 80-asi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY, Plaintiff, NO.:99-7110 CIVIL vs FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. TO: SUZANNE H. DICK 123 West South Street Carlisle, PA 17013 DATE OF NOTICE: April S, 2000 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 TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 GRENEN & BIRSIC, P.C. By: Attorneys o Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID OIridSEd SOKISOd `IIVW SSVIO ISNId 059L-T8Z (ZTb) ZZZST rid 'y6zngsjaid QsaM auTN zaauaD ALma;eO auo 33?-aute d z09 sdau.10:1s`i gig D'd 'DISZIIE 3 N3NSUE) 99T£-6bZ (LTL) ETOLT e?ueATAsuuad 'aTSTTzeD anuaAv A:IxagTg Z NOISKIJOSS`d EVE 71NnOD ONrL daEWnD d'ISH gVE)E'I Z30 NV0 n0A SU2HM 100 QNId OZ EDIddO ONIMOTIOd 3HI SNOHd3731 HO OZ OJ 'ENO OZIOddV ZONNKD EO '-dS7.Mri'I ri SAVH ZON OQ nO;C dI ' 3DNO IV HMMVq V OZ SDIZON SIHS, aXVI O'InOHS nO7, 'SIHDIH ZNVIEOdWI HSHIO ZIO XlEadONd Un0A SSO'I AdW nOx ONK ONINVEH K LrlOHIIM nox 1SNIVE) f (ISEEINS SE 77VWI INSWJQnP ri '30IION SIHI d0 SIKQ 3HI WOZid SAKQ NHI NIHIIM IDit n0A SS3'INn 'n0A ZSNIV0V HZZIOd IHS SWIVgD RHI OZ SNOIZDEfEO HO S3SNgd30 EfIO7, IMOJ 3HI HIM JNIIIHM NI 3'IId ONK XENHOIIFI 7ZE 'do .,'I'IVNOSESd SONr EVEddV NSZIINM ri HEIN3 OZ 03'IIVd SAVH nOX SSnriJ3E I'Inrid3a NI SEE f10A 8JI10N TRT- IOdWI OOOZ TTZd'd :SDIION do Elva ETOLT rid 'aTsTTzeJ peo-d de0 szauo66eM 05TZ MOIO 'H 3NNKZ0S OI •sluepua3a0 'xDIO 'H 3NNrizns pup 'X0IG ''I GgVNOE 'SSSOW SSInO'I VIHIN7.3 'SHSOW .d MDIUMS'id 'IIAID OTTL-66: 'ON '33T:lureTd SA ' 7,UVdWOD EDVOINOW DWI NOISIAIQ UAID VINVA'I.CSNN3d 'AZNnOD QNrI'T2ESM3 d0 SK3'Id NOWWOD dO IZIIlOD SHI NI vs6-09 V? C: Lj a J 1-3 • 4 80-454 _- M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE CIVIL DIVISION COMPANY, Plaintiff, NO.: 99-7110 CIVIL ISSUE NO.: Vs. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. TYPE OF PLEADING PRAECIPE TO REINSTATE CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF IMC MORTGAGE COMPANY: PLAINTIFF 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 1.? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY, Plaintiff, NO.: 99-7110 CIVIL VS. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. PRAECIPE TO REINSTATE CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE TO: PROTHONOTARY SIR/MADAM: 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 ?, iI a .. °? -?_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ( ) Confessed Judgment ( ) Other IMC Mortgage Company VS. Frederick R. Moses, Cynthia Louise Moses, Ronald L. Dick and Suzanne H. Dick File No. 99-7110-CIVIL Amount Due $ 73.908.08 Interest $ 2,286.01 Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: 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 control of the said garnishee(s). 171 (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 1113lco Signature: Print Name: Kristine M. Faust, Esq. Address: One Gateway Center, Nine West Pittsburgh. PA 15222 Attorney for: plaintiff . 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Suiaq '..leas aqj ui silaq uapno-I ayl jo ,iyladold oql of 'ssal to a.low 'laa3 LZ I 'glP!m 011119 8u!pualx0 pug 'ssal Jo avow '1933 L l JO 13911S glnoS 1saM uo affgiuoi3 a ifu!Agq 'a3!m pug 03100H 'H ue=IIIIM3o RPawio3.1o mou dilado id 6q gUoK aq1 uo 'snag s,uosdwogl, •9 gdasof jo 6liauuo3 ao mou Aliado3d Aq lsaM aqj uo'.1aajlS g1noS lsaM Ag ginoS aqj Mo :smollo3 sg 'paquosap pug papunoq 'e!u9Apisuu0d '6iuno0 puulaagwn0 '3ls!p9O3o ggnolo9 ogl3o pieM pjlq j, aqj ui alenl!s 'paiaaIa uoalagl sluawanoidwi aqi ql!m pu913o lagll NIVI'M LVH.L TIV NOI.LdiNDSHQ Mal JNO'I •slugpua3aQ 'NOM *H EINNLVZnS Pee )IOIO "I O'IVN011 'S3SOW 3SIfl0'I VIH.LN,CO 'S3SOW '%I }IOIagumdd 'SA 'IIAIO-0I I L-66 :'ON jj!luluid ANVdWOO 30VO.L2Iow OWI NOISIAIQ 'IIAIO VINVA'IASNN3d',UNfl0O (INV'M3HWn:) d0 SV3-ld NOWWOO 30 DWIOO FIRL NI 1 V? T ?. v s - - ,n 0 0 0 0 o r1o r. -71 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION I' IMC MORTGAGE COMPANY E! Plaintiff, NO.: 99-7110-CIVIL vs. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK and SUZANNE H. DICK, 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 Ronald L. Dick and Suzane H. Dick located at 123 West South Street, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RONALD L. DICK AND SUZANNE H. DICK OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE 3RD WARD OF THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 123 W. SOUTH STREET, CARLISLE, PA 17013. DEED BOOK VOLUME 191, PAGE 372, AND PARCEL NUMBER 04-21-0320- 275. I. The name and address of the owner(s) or reputed owner(s): Ronald L. Dick 123 West South Street Carlisle, PA 17013 2140 Waggoners Gap Road Carlisle, PA 17013 Suzanne A. Dick 123 West South Street Carlisle, PA 17013 2140 Waggoners Gap Road Carlisle, PA 17013 2. The name and address of the defendants in the judgment: Frederick R. Moses 123 West South Street Carlisle, PA 17013 117 White River Blvd. Hollister, MO 65672 Ronald L. Dick 123 West South Street Carlisle, PA 17013 2140 Waggoners Gap Road Carlisle, PA 17013 Cynthia Louise Moses 123 West South Street Carlisle, PA 17013 428 Fairground Avenue Carlisle, PA 17013 134 N. Hanover Street, Apt. 4 Carlisle, PA 17013 Suzanne A. Dick 123 West South Street Carlisle, PA 17013 2140 Waggoners Gap Road Carlisle, PA 17013 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 American General Finance, Inc. Ambassador Home Improvements, Inc. Dept. of Housing and Urban Development (Plaintiff) 6 S. Hanover Street Carlisle, PA 17013 123 W. South Street Carlisle, PA 17013 P.O. Box 23999 L'Enfant plaza Station Washington D.C. 20013-2399 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 Orfice PA Dept. Or Revenue Bureau or 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 thnt the stntements 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. SWORN to and subscribed before GRENEN & BIRSIC, P.C. ,/I zvti? By: t Kristine M. Faust, Esquire Attorney for Plaintiff h me this ? day of _T i nNn? -2000- <=10 cl\?Notary Public t:.. da... . j Patriclah...., t. :.V to Pf _ My ComMISS missw.. Ez,x;as June 2.2003 NBIIIUBr, P?1•'•TII1Pnln !?8etirif_ttf;7rt Of Metafli"? i G. 1 r r., r ? I _• r --i 4.71ia J `5 J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY Plaintiff, vs. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK and SUZANNE H. DICK, Defendants. NO.: 99-7110-CIVIL NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Frederick P. Moses 123 West South Street Carlisle, PA 17013 117 White River Blvd. Hollister, MO 65672 Ronald L. Dick 123 West South Street Carlisle, PA 17013 2140 Waggoners Gap Road Carlisle, PA 17013 Cynthia Louise Moses 123 West South Street Carlisle, PA 17013 428 Fairground Avenue Carlisle, PA 17013 134 N. Hanover Street, Apt. 4 Carlisle, PA 17013 Suzanne A. Dick 123 West South Street Carlisle, PA 17013 2140 Waggoners Gap Road Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 on September 6, 2000, at 10:00 A.M., the following described real estate, of which Ronald L. Dick and Suzanne H. Dick are owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RONALD L. DICK AND SUZANNE H. DICK OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE 3RD WARD OF THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 123 W. SOUTH STREET, CARLISLE, PA 17013. DEED BOOK VOLUME 191, PAGE 372, AND PARCEL NUMBER 04-21-0320- 275. The said Writ of Execution has been issued on ajudgment in the mortgage foreclosure action of IMC Mortgage Company Plaintiff, vs. Frederick R. Moses, Cynthia Louise Moses, Ronald L. Dick and Suzanne H. Dick, Defendants. at Execution Number 99-7110 in the amount of $ 76,194.09. 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 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 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 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 W al-I 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 f f i .>«-< Illr._ i 11 _ I' 1 - I ? lt ? i l i I ?. j ? ! I f is I i I + , I 1 ' I t I ; l i 3 J V W z U ? J N W y b U Q m W irn O ? o ?wp n a z b m W S N W 0 , V 80-454 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE CIVIL DIVISION COMPANY, NO.:/ 7/ /D VS. Plaintiff, FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. TO DEFENDANTS You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY A20) DAYS F*4?L)ERVICE HEREOF ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 5901 East Fouler Avenue Tampa, Florida 33617-2362 AND THE ADDRESS OF FREDERICK R.MOSES IS: 117 white River Boulevard ROM 'ter, MO 65672 and THE ADDRESS OF CYNTHIA LOUISE MOSES IS 428 Fairground Avenue Carlisle, PA 17013 and AND THE ADDRESS OF RONALD L. and SUZANNE H. DICK IS 123 West South Street Carlisle, PA 17013 -,A? P 4-? ATTORNEYS FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS Carlisle Borough Third ward (CITY, ?OROO, TTOOWNSHI P) (WARD) j 11 7 -1 \/--y/ /1 TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE, FILED ON BEHALF OF IMC Mortgage COMPANY: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, Esquire Pa. I.D. #74950 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 ATTORNEYS FOR PLAINTIFF 80.454 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE CIVIL DIVISION COMPANY, Plaintiff, VS. NO.: FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. NOTICE TO DEFEND 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY, Plaintiff, VS. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, CIVIL DIVISION . v/a L NO.: 19 Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE IMC Mortgage Company, Successor by Merger to Industry Mortgage Company, L. P., (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 33617-2362- 2. The Defendants are Frederick R. Moses who resides at 117 White River Boulevard, Hollister, MO 65672; Cynthia Louise Moses who resides at 428 Fairground Avenue, Carlisle, PA 17013; and Ronald L. Dick and Suzanne H. Dick who reside at 123 West South Street, Carlisle, PA 17013, respectfully. 3. on or about November 29, 1995, Defendants, Frederick R. Moses and Cynthia Louise Moses, borrowed the sum of $51,000.00 from the Public Savings Association pursuant to the terms of a written agreement, and as security for repayment thereof, Defendants, Frederick R. Moses and Cynthia Louise Moses, made, executed and delivered to Public Savings Association a Mortgage in the original principal amount of $51,000.00 on the premises hereinafter described, said mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on January 4, 1996, in Mortgage Book Volume 1298, Page 504. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 4. Pursuant to a certain Assignment of Mortgage, Public Savings Association assigned the aforesaid Mortgage and Note to Plaintiff, which was recorded in the Office of the Recorder of Deeds on June 18, 1996 at Mortgage Book Volume 522, Page 827. 5. Defendants, Ronald L. Dick and Suzanne H. Dick, are the record and real owners of the aforesaid mortgaged premises. 6. Defendants, Frederick R. Moses and Cynthia Louise Moses, are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants, Frederick R. Moses and Cynthia Louise Moses, are due for the November, 1996 payment. 7. On or about October 21, 1998, Defendants, Frederick R. Moses and Cynthia Louise Moses 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. 8. on or about October 21, 1998, Defendants, Frederick R. Moses and Cynthia Louise Moses, were mailed Notices of intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. 4101, et seq. 9. The amount due and owing Plaintiff by Frederick R. Moses and Cynthia Louise Moses is as follows: Principal $ 50,797.94 Interest (to 9/14/98) $ 10,566.76 Late Charges (to 9/14/98) $ 284.52 Attorneys' Fees $ 900.00 Title Search, Foreclosure and Execution Costs $ 2,S00-00 TOTAL $ 65,049.22 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $65,049.22 with interest thereon at the rate of $14.89 per diem from September 14, 1998, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. 111101q BY: Kimberly Y. Hong, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. r EXHIBIT "A" 1'rcD? iZ WHSN RECORDED MAIL TO S, INC. 10FRANKLIN PresidentialE oulevardENorth EC?ye Bala Cynwyd, PA 19004 I ckflflED Loan Number : 300454 SPACH ABOVE THIS LINE FOR RECOADINO DATA? MORTGAGE THIS MORTGAGE (• Security Instrument') is given on November 29, 1995 The mortgagor is FREDERICK R. MOSES and CYNTHIA LOUISE MOSES ('Balrower). This Security Instrument is Liven to Public Savings Association which is organized and existing under the Iowa of PENNSYLVANIA 100 Presidential Boulevard North, Bala . and whose address is• Cynwyd, PA 19004 FIFTY-ONE THOUSAND DOLLARS AND 001100 (.Lander*). Borrower owes Leader the principal sum of Down (U.S.$ 51, 000.00 ). This debt is evidenced by Borrower's note dated the same date ae this Security instrument ('Note), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on December 4, 2010 . This Security Instrument secures to Leader. evidenced by the Note, with interest, and all ranewals, eatemiam and moJiEn of t(a) the he Note: e(b) the payment of xll :that sums, with Interest, advanced under parngeaph tians 7 to protect the security of this Security : (b) the and (e) the perfermanee of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose. Borrower does hereby mortgage, gnat and convey to Leader the following described property located in CUMBERLAND ` County, Pennsylvania: ALL THAT CERTAIN REAL PROPERTY AS MORE PARTICULARLY DESCRIBED ON EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF .bich has the addrees of 123 W. SOUTH STREET Istre.tl CARLISLE 'eonrnrtda (Mr! 17013 ('Property Address'); (tip Cole( =11MYLVANIA sietl. P•map Fannie Mue/Freddie Mac UNIFORM IN.STRUhfBNTMF-- 2039 9,90 (p•[e 1 of a p.,.) ITEM 1050 (9211) ' Fn C 111 1 TOGETHER WITH all Ill. ImProveMnls now or Cement, erected an Iha proper"; ind sU euemenly appurtenances, And 'fixtures now or heraalier a part of the property. All replacements and additions shall Asa he covered by this Security Instrument. AU Of 'be foregoing is referred to in this security laslrumaot m the 'Ptopeny' BORROWER COVENANTS That harrower i defend s lawfully so"'-' of Iha caste herehy conveyed and has the right Io 91111 and 11 Property the Property titland let the Properly is unencumbered, except (or encumbrances of record. Borrower warrant And will defend gene to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combings uniform use variations by jurisdiction to constitute a uniform security instrument coveriforngnatireal pronal operty. and non-uniform covenants with limited UNIFORM COVENANTS. Borrower and Lender covenant and area a (a rope; t. Payment of Psfncipll and Interest, of and interest on the de • Note and and Late Charges. Borrower shall Promptly a when evidenced by the Nate and any prepayment sad hoe Charges duo under the Note n due The principal 2. Funds for Toe and Lander as the da Inmmrset. Subject to applicable ble law or la a written waiver by Leader. Borrower shag pay to y monthly pay aaob and which am due under the Note, until the Nate is paid in full, a sum ('Funds') far. (a) yearly lugs round teats may attain priority over Chia Security Instrument a, a Gen an the Property, (b) Yearly leasehold payment or dossed teals on the properly. if aafl (e) yearly SAY. (a) Yearly mortgage l hazard or properly insurance Pramiumr, insurance premiums, if an and (d) yearly Road insurance premium; if Lender may, Y. (Q any sums payable by Borrower to Loader, in accord paragraph g, in Geu of the payment of mortgage fasuraaca premiums. Theca dams us called '03 llama.' totaled monpg e loan nee with the Lender may, any lime, collect and hold Funds in An amount not to exceed the maximum Amount leader for • federally require for Borrower's 1974 AS amended from may lime to time, 12 U.S.C. § au 2601 At row sent. under the federal Real uEstate m Sst • A let Procedure Act of lesser amount. If so, Lender may at avY time, Collect and or otherwise in accordance with applicable law. q' CRESPA•), unless another law that applies to the Funds sets a oflmata Iha amount of Funds hold Funds In an amount nut to exceed the lever amount. Leader may due on the basin of cur teat data and reasonable aslimntas of expenditures of future Escrow Item, The Funds shag be held in an institution whose deporita are insured by a federal agency. instrumentality, or entity (including Lender' if Leader is such an institution) or in any Federal Home Loan Bank. Lander shAB apply the Foods to pay the escrow iteraa. Lender may not charge Borrower for holding and aPPlyine the Fundy Annually analyzing the Escrow hems, unless Lender pays Borrower intoner oA the Funds and a Y drag the escrow account, or verifying However. Lender may require Borrower to a rPBe?ble few Permits Lander to make such a charge. Leader in connection with This P loan, any a One-time charge for an independent real estate Lends, to reporting service used by unless applicable law provide, otherwise. Unless an agreement is made Or 1Pp4nhle law -Lenders lay agi to be pang, Langer shall tot ,a required to pay Borrower any interest or erracm on the Fonda. Bmrawer and annual may one in writing, however, , hoirho interest Shag be paid on the Fundy Lender shall give to Borrower made- e. The Foods without charge, 00 Funds of the Fonda showng credits and debits to the Funds and the purpose for which each debi t it the Foods wan as, pledged as addilioaal security for all rums secured by this Security Instrument. It the Funds held by Len Jer exceed the amnunla permitted to M1e hand h 1 IAe ucess Funds it accordance with Ihs re utrement of a Y PPGeahle law, Lender ahnll acennnl to t for is not aufficienl to psy the Esmaw q PPGeable law, If the ammmt of rho Funds held h a to Levde hems when Aue. Lender may so notify Borrower ins Y lender at anytime P Y r lha amount aeeeary to make up the Jeficieney. Borrower shall make up the defideoeysin voamaeO war hall monthly pgments, al Lenders sole discretion. ban twelve Upon payment nn foil of atl sums secured by this Security Instrument. Lander shall promptly refund to Borrower any Funds sold by Lender. If, under paragraph 21, LenJer shall acquire or sell tba Properly, LenJer, prior to Iha requisition or Ufa of the 'roparty, ahaU apply any Funds hold by LenJer at the time of uquidtion or ale nag a credit against the rams secured by this rteurity lanmment. J. Applirallvn of Pvyments. Unless app6eahle Lnw provide otherwise, 111 payment ncenved by Lander under pl and 2 ahaU be applied: firer, to ¦vy prepayment charge due under the Nota; second, to amount payable under pa ramragraph 2; bird, to h amgenalq du Lie;mfe. north rower shall phs 1 Bo, to principal due; and last, to SOY late charges due undo, Iha note. 4. CAr pay o11 rue, axeessmemr. chargn, rhich may atmin Priority Over this Security Instrument and leasehold Payments fines And impusili-11 nllriborable to the property b6galioaa is the manner provided in paragraph 2, or if oat pond in thslmcaner, Borrower e rents. it hem OOnofineshdirectly ag PA to the moan awed payment. Burrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Iorrawer make these Borrower shall promptly ptly All directly, Borrower shall promptly furnish to Lender receipt, evidencing the payment,. discharge any Gen which has pnority over this Security Instrume Y or dto the payment of the Obligation secured by the Gen nt unless Borrower. (1) gran in in a manner acceptable to Lender: (b) cvntms in good faith the Use Y. or sfenJs against e vforce men' of Ihv Gen iv, legal praceedil6s whneb In the LenJer', opinion operate to pmvvat the nloreement of the lien; or (e) secure' from "a holder of the Gen an Agreement sasiefnemry to Lander whordinnting the Gen to Ins Security Instrument. If Lander determiner Ilut any part of the property nag stshjO't to n lien which may nnliv priority over Security IviI Lander may Siva Borrower a notice identifying the Gen. Borrower ahaB wis wre of the Orion, aons sal (ooh shave within 10 JA of the giving of surd ag Of Ifaz ruurna ly the Gen Or take one or notiee, S-0 er or Rby 6'. Ime. Be- a ys shall keep an improvemelt now wining or hereaner greeted on the Property aiaat loo by fire, hmrJs included within the term 'extended coverage' and say Other hnarda, including floods top or -I. ys adiag, for which L. nJer quilts in,uraoea. This Insanlce shall be msintinvd in the amount and for the periods Chu Lender ,X- ( . ''„can Jni9 9/91 (PAC. v_ of 6 pages) i y requires. The insurance carrier providing ilia insurance shall be chosen by Borrower subject to Ler i Approval which shall not hit unreasonably withheld. If Borrewof fails m maintain eovemge demribed above. Lender may, at Lender's option, obtain coverage to protect Landers rights in the Property in accodance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to held the policies and ...coals. If Lender requiter, Borrower shall promptly give to Lender all receipts of paid premiums and renewal ratite,. In the event of tan. Borrower shall give prompt notice to the insurance cacrier and Lender. Lender may make Pinar of ran if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing. insurance proceeds shall be applied to restoration or repair or the Property damaged, if the restoration at repair is econcescally fealble and Lenders security is not lessened. If the restoration or repair is not economically feasiblo or lenders security would be Inured, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether of not then due, with any exec" paid to Borrower. If Borrower abondons the property, or does not answer within 70 day, a notice from Lender that the insurance airier has etrered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums roared by this Security Instrument, whether or not then due. The So•day period will begin when the notice is given. Union Corder and Borrower othewise agree in writing, any application of procecvh to principal shall not extend or postpone the due date of the monthly payments stressed to in paragraphs 1 and 7 or change the amount of the payments. If under paragraph 71 the Property is acquired by Lander, Borrowers tight to any inrvnnce policies and proceed, resulting from damage to the Property prior to the Acquisition shall pass to Lender to the extent of the suns secured by [hit Security Instrument immediately prior to the acquisition. 6. Occupancy, preservation, MAnhounce and Pmlection of the Property; Bnmmses's Loan Application; Leuehnids. Borrower shall occupy. establish, and use the Property a, Borrowers principal residence within sixty day, after the execution of this Security Instrument and shalt continue to occupy, the Property a Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agtces in writing, which cement shall not be unseasonably withheld, at unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, of commit waste on the Property. Borrower shall be in default if any fofeiture action or proceeding. whether civil or criminal, is begun (hat in Lender, good faith judgment mold result in forfeiture of the Property or otherwise materially Impair the lien heated by this Security Instrument or Lenders security interest. Borrower may core such a default and rein ste, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Landes, good faith determination, precludes forfeiture of the Borrowers interest in the Property or other malarial impairment of the lien created by this Security Instrument ar Lender's security interest. Borrower shall AIM be in default if Borrower, during the loan application prom", Save mxterially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations mnceming Borrower's Occupancy of the Property as a principal r sidenca. If this Security Instrument is on a Ieachold, Borrower shall comply with all the Provisions of the lease. If Borrower acquires fee title to the Property, the Ieachold and the rest title shall not merge union Lender agrees to the merger in writing. 7. Pmteetian of Lender's Rights in the Property. If Bonower fail, to perform the covenants and agreements contained in this Semtity Instconuns, or [here it A legal proceeding that may significantly street Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or fanfeiture or to enforce laws or tegulations[, then Lender may do and pay for whatever is neee"Ap to protein the value of the Properly and Lender's rights in the Property. Lender's actions may include paying any rams secured by a lien which has priority one this Security Instrument, appearing in court, paying reasonable attorneys' fen and entering an the Property to make tepaiu. Although Lender may take action under this paragraph 7, Lender does not have to do ,a Any amouns disbursed by Lender under this paragraph 7 shall became additional debt of Borrower secured by this Security Instrument. Unless, Borrower and Lender alree to other terms of payment, these amounts shall beat interest from the date of disbursement at the Note tale and shall be payable, with interest, upon notice from Lender to Borrower requesting payment & hfanpage Insurance. If Lender requited mortgage insurance a, • condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in allies. IL for any reason, the mortgage insurance =wage requited by Lender lapses at coax, to be in effect. Borrower shall pay she premiums requited to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cast substantially equivalent to the cast to Borrower of the mortgage insurance previously in effect, from an alternate mortgage Insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth or the yearly gate insurance premium being paid by Borrower when the insurance =wage lapsed at ma,ed to be in effect. Lender will ac<epe, use and retain these payments as a Ina reserve in lieu or mortgage insurance. Loa reserve payments may no longer be required, at the option of Lender, if mortgage iruunnm average (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again become, available and is obtained. Borrower shall pay the premium required to maintain man{age insurance in effect, or to provide a lo" reserve, until the requirement foe mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Intpeetlem. Lender or its agent may make reasoable entries upon and inspections or the Property. Lender shall give Borrower notice at the time or or prior to an inspection specifying reasonable cruse for the inspection. 10. Candemnatien. The ptoceed, of any award of claim far damages, direct or consequential, in connection with any Single Family - Fannie Mas/Freddie Mac UNIFORM INSTRUMENT - Uniform Covenants 9/90 (page 7 or 6 Ingest F- C.ri condemnation or "her faking of Any part of the property, or for conveyance in lieu of condemnmion, are hereby amigned and shall bar paid to Lander. In the event of A tall taking of the property, he whether or not then due, with any excen paid to Borroweprxecds sbnil be applied to the sums aecored by this Security ImtrumenL r. In ttm eveml a! a partial taking of the Propatty in which the fair market value of the Property immediately before the taking ts equal 10 01 greater than Chs amount of the sums secured by this Security instrument immediuely before char taking, union Bonower and Lender otherwise agree in writing, the sums secured by thi's Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the local amount of the sums secured immediately hefare the caking, divided by (b) the fair market value of char Property immediately before the faking. Any balance shall be paid to Borrower. In the event of a Partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sum, secured immediately before the taking, union Borrower and gander "henvi,e agree in writing or union applicable law otherwise provides, the proceed, shall be applied to the sums secured by this Security Instrument whether or not the sums are than due. If the Property is abandoned by Borrower, or if, after notice by Lander to Borrower that the condemnor offer, to make an award or settle a claim for damage,, Borrower fails co respond to Lander within 70 dap afer the date the notice is given. Lender is authorised to %mlle t And apply the proceed,, at its option, either to reiteration or repair of the Property or co the sums secured by this Security Instrument, whether or not than due. Untess Lander and Borrower otherwise epee in writing. any application of proceeds to principal shrill not extend of po,rpona the due data of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11. Demmer, Nut Rdea-d; Fnrbeannce by Lander Not a Mint. Extension of the time for payment or modification of amortization of the sums secured by this Security Incitement granted by Lander to any successor in interest of Borrower shall not operate to raleaae CIA liability of the original Borrower or Borman i successor, in interest. Lender shall not be required to commence proceeding. against any succeswr in intcrevc or refuse to extend time for payment or otherwise modify amortization of the sums -cured by this Security Instrument by reason of any demand made by the original Borrower or Borr"ver'a succeasoo in I"era'. Any forbearance by Lander in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. I2. Succeann and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and beneftl the successor, and assigns of Lender and Borrower, subject to the provision, of paragraph 17. Borrowers covenants and agreements shall be joint and several. Any Borrower who co-sign, this Security Instrument but doe, not owner. the Noce: (a) u co.,igning this Security Instrument only to mortgage, grant and convey that Borroweri interest in Cho Property under the terms of this Security lm turner; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (e) agree, that Lender and any other Borrower may agree co extend, modify, forbear or make any accommodations with regard to the terms of this Security fns'rumenl or the Note without that Borrowed, consent. U. Loan Charges. If the loan secured by this Security Instrument is subject co a lave which scut maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Icon exceed the permitted limits. them (a) any such loan charge shall be recleaned by the amount necessary to reduce the charge to the permitted limit: and (b) any sums already colleeted.from Borrower which exceeded permitted limits will be refunded to Borrower. Lander may than. to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduce, principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. Ia. Nolices. Any notice to Borrower provided for in this Securiy Instrument shall be given by delivering it or by mailing it by firn clan mail union applicable law requires wu o! another method. The notice shall be directed to the Property Address or any ocher address Borrower designator by notice to Lender. Any notice to Zander shall be given by fiat class mail to Lenders address stated herein or any other address Lander designate, by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to haft been Sinn to Borrower or Lender when given as provided in this paragraph. IS. Caroming Law-, Sevembiliy, This Security Instrument shall be governed by federal law and the law of the jurisdic0on in which the Property is located. In the event that any provision or clause of this security Instrument or the Note conflicts with applicable law, such strict shall not affect ocher provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this security Instrument and the Note are declared to be severable. 16. Buneorces Gspy. Borrower shall be given one conformed copy of the Noce and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest In Bnrwnver. If all or any part of the Property or any interest in it is sold or transferred (or if a benefcial interest in Borrower ;, said or transferred and Borrower I. not a natural person) without Lenders prior written consent. Lender may, at its option, required immediate payment in full of all sums secured by this Security Instrument. Howaver, this option aledl not be exercised by Lender if exercise is prohibited by federal law as or the data of this Security Instrument. If Lander exercises this option, Lander shalt give Borrower notice of acceleration. The notice shall provide a period of not Can than 70 dap from the date the -"ice Ls doliverN or mailed within which Borrower must pay all sum, secured by this Security Instrument. If Borrower !ails to pay these sums prior to the expiration of this period. Zander may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. In. Borrower's Right to Reinstate. If Borrower meets certain com5shms. Banowcr shall have the right to have enforcement of this Security Instrument discontinued at any time prior co the earlier of.(a) S days (or such other period as applicable law may Single Family -:aortic fvlocT,edd;. Mac UNIFORIII INSTREAMNT - Uniform Covenants 9/90 (page 4 of 6 pages) C.ri Specify for reinstatement) before sale of 4w proper Pare" or entry of a ysdpment •nfnrcing this Security Instrumen .? is tco'a any ndition are thalnBonow??na; in ays Security Inn( i or (m would be cites under this Security Instrument and the Nola as if no acceleration had occurred; (bj urea anyrdefault of any other covenants or agreements, (e) pap all expanses incurred Ienforcing this Security Instrument. Including but not limited to. reasonable attorneys' ftes, and (d) taken such action as Lon, er many feasonably require to assure that the non of this Sacudty Instrument, Lender's right, in Via Property and Borrower's ohligminn to pity the ems secured by this Security Instrument shall continua unchanged. Upon rainatateme.nt by Bnrlower, this Securily instrument and the obligetim,a hxecured is Security hereby shall ll remein fully effective at If no acceleration had occurred. However. thin right to reinstate tball not apply in: n the cure of eeby shall paragraph 17. under 19. Sale of Note; Chance of Lon Servker. The Note or a partial interest is the Nola (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sets may result in a change in the entity (known as the 'Loan Serviur-) that collects monthly payments due under the Note and this Security lostrumant. There also may be one or more changes of the Loan Sarvicer unrelated to a sale of the Note. If there is a change of the Lon Ssrvicer. Borrower win be given written notice of Cho change in accordance with paragraph Ie above and applicable law. The notice will slate the name and address of the new Loan Services and the address to which payments should be made. The notice will also contain Roy other information required by applicable law. 20. flasurdnm Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone also to do, anything affecting the Property that is in violation of any Environmental Law, The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Haurdoux Substances that ate generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Properly and any Hazardous Substance or Environmental Law of which Borrower hat actual knowledge. If Borrower learns, or is notified by any gnvernmamal or regulatory authority, that any removal or other remadial(un of any Hazardous Substance Affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. AS used in this paragraph 20, 'Hazardous Substances' are those substances defined me toxic or hazardous substances by Eeviroomeotal Law and the following substances: gasoline, kerosene, other BmnmRbie or toxic petroleum products, toxic pesticide, and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and redionctive materials. As used In ,his paragraph 20, 'Environmental Law' means federal laws and laws of the jurisdiction where the Property is Incited that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as fonows: r 21. Accelention; Remedies. Lender shall give notice to Borrower prior to acceleration renewing Ross antes breach of any covenant or agreement In Chls Security Instrument (hut not prior to aceelemdun under paragraph 17 unless applicable law provides otherwise). The notice shall sptcify; (a) the defaull; (h) the action required to cure the defnull; k) a date, not less than 30 dap from the dale the notice Is given to Bnmover, by which the defoult must he cured; and (ill that failure to awe the default an or before the date specified In Else notice may rendt In aceelenllon or the sums secured by this Security Instrument, foreclosure by Judicial proceeding and sale of the Property. The no,ke shag further inform Borrower of the right (a reinstate n0er acceleration and the right to amen In the foreclasure proceeding Elm non•eststence or it default or any other defense or Doff ower to acceleration and fnrednun. If the default is net cured on or before the date specified In the notice, Lender at its option may require immediate payment In run or all sums secured by this Secrity fauument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall he entitled to collect oil expenses Insured in pursuing the remedies provided in Chic paragraph 21, including, buy not limited to, ntlomeys' fees and costs of title evidence to the extent permitted by applkable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed xban terminate and become void. After such occurrence, Lender shall discharge and mtisry this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waiver. Borrower, to the extent permitted by applicable law, waives and relenxes tiny error or defects in proceedings to enforce Ihie Security Instrument, and hereby waives the benefit of any present or future Laws providing for stay of execution. extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's lima to reinstate provided in paragraph Ill shall extend to one hour prior to the commencement of bidding at a sheriffs Axle pursuant to this Security Instrument. 25. Prachae Money Mortgage. If any of the debt secured by this Security instrument is lent to Borrower to acquire title to the Prapeny, thin Sccurily ourtrumem shall be a purchase money mortgage. 25. Interest Rnte An,, Jud{9ntnt. Borrower agrees that the interest rate payable anor a judgment is entered on the Note or to ao acdoo of mortgage foreelnure shall be the rate payable from time to time under the Note. f--Cr' Fonu 3039 9t9n (pact S of 6 J...".) r^- 27. Riders en this Security Iminrcnenl. if one n Security Instrument, the and ( a elders eta asserted by Barrower and recorded tog(- with this he covenant, and 'fredmarsts eovananu agreements ur seen such rider shall be incorporated into and shall amend and supplement l ofthisSecurity Instrument as if the rider(s) were a pan a! this Security Instrument. Cheek applicable hax(s,u)l )) ( ?Adjunable Rata Rider Q Graduated Payment Rider L._,, Balloon Rider mother(s) (,pacify) ? Condominium Rider ? Planned Unit Development Rider ? Rate Improvement Ride, Q 14 Family Rider ? Biweekly Payment Rider 0 Second Home Rid" BY SIGNING BELOW, Burrower accepts, and aetccs to the leans contained in pagae I through a ur this Security Instrument and in any rider(s) eaeauted by Borrower and recorded with it. Witnrnez _ /"!?C /f ' SE-S (Sean FRED ERICK R. MOSES ewn?„ ?x n'1L,' L o-t MO'. h1etiL {Sean CYNT IIA LOUISE SES ma.„ (Sean ears.„ COMMONWEALTH OF PENNSYLVANIA. 0Aw?1..., I (Seal) emwn County M On this, the day of yo ve-be?- i99r before me, CYNTHIA LOUISE MOSES the undersigned officer, Penonelly appeared FREDERICK R. MOSES and to be the peraon8 whmv names are known b me (or uthfactodly proven) that they execvlcd the same for the 1Y?rJ"J 10 I within instrument and acknowledged ai^ned. d. purpose therein contained. IN WITNESS WHEREQE_L_I, h t ciat seal. Ends, My Commiaion expires: res: CHa cb t 5ral Davld 0. Enders. hNerl, an Pub tle Harneburp, 0-1411 1 MY Commeym WP-1411 Jan. 3z 1999 ... o.. r: a c Mnrsa ASVwvn a run-: CERTIFICATE OF RESIDENCE I, PAIGE A. BALDASSARRE na e( BR , do hereby certify that the mnact add,c. or the within named lender u 100 Presidential-Boulevard North, Bala n/ PIPA 9 004 ttfinea my hand this 29th day or November 1995 G a. Agent or Lender C n, Farm 70]9'10)0 (pnpe 6 or6 paper) ALL that •cartsin tract Of land with the 4racted, situate In the Third Ward 'of the Cumberland 'County, Pennsylvania, bounded follows: improv..into thereon Borough. of CarlisLe,- •and described, as .on' the ScueM"by; Street; -on the-West by property now or formerL.y;^of1.Jddeph4.,r'lhompeon!e• heirs; on the.North by property now'qr,*'formar;ly,::of.'.Ni113am:C: Louden"s .heirs; on the East by property, no W'or"Eormdrly; of'William H.- Hooke and wife; having a frontaga.••on. Weetr•South Street of 17 feet, more Pr Less; and extending At';tha!-•width, 127 feet .more or Lass, to the property of the Ldud°ah' hai're in the rear; LeVng improved with .the Western dwelling of'•e •ro-W of four 2-:1/2 story frame dwelling houses, with a double frame garage in the rear, being known as No. 123'Wast South Street; the Eastern'.tin@ of said property running through the division will separating No. I23 West.South Street and No. 121 West South Street to the East thereof: TOCETHE.R with'the•right in the Granteas, their heirs and assigns, of inkress. to-and••regress from the lot hereby conveyed *over and upon. the N'or Wern :16 feet bf 'the''adjolning lots to the east thereof, being-'Nos. 117, 119, and 121 West South Street, to -the 10 foot dXle:y to:•thA East of Nd: 117 West *South Street. BEING% the same. property•which' Hoke L, Franciscus and Mary F. Franciacus*•by their dead dated May 25, 1963 and recorded in the Office af', the . Recbrder of beads- for' Cumberland County • in Deed Book. ,Volume 2(L,, at,Pe8a,1002, granted and conveyed unto Ward R. Mosas and •Margarat'M. Moses. Ward R.• Moses died on March 7, 1978 passing the property unto his wife, Margaret M. Moses, by action of the law. Margaret M. Moses died on.September 25, 1988 testate (leaving a will-).leaving the property to her eon, Frederick R. Moses and appointing him the Executor of said Will. The Estate of Margaret M. Moses is the grantor herein. This, conveyance `Le' batwiee the Mother's Estate to her eon and ,heir and is therefore exempt from real estate taxes. ;g00.34 PACE 8.. 4• ...: ? ?. ..;fir i i` ?i 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 unswom falsification to authorities that the facts set forth in the foregoing Complaint arc true and correct to his information and belief. rz? c '2 V >- c t I UJ C) p: rL) CL U rn U C A a . Q? V VO i1 80-454 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE CIVIL DIVISION COMPANY, //;; NO. I Plaintiff, VS. TYPE OF PLEADING FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. TO DEFENDANTS You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20 SAYS ?20M-SERVICE HEREOF i r ?l fly ATTORNEY FOR P IYTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF :S: 5901 East Fowler Avenue Tampa, Florida 33617-2162 kID THE ADDRESS OF FREDERICK R.MOSSS IS: 117 White River Boulevard Hollister, MO 65672 and THE ADDRESS OF CYNTHIA LOUISE HOSES IS 425 Fairground Avenue Carlisle, PA 17011 and AND THE ADDRESS OF RONALD L. and SUZANNE H. DICK IS 123 West South Street Carlisle,. PA 17013 ATTORNEYS FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS Carlisle Borough Third Ward (CITY, iBORO, TOWNSHIP) (WARD) J' CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE, FILED ON BEHALF OF IMC Mortgage COMPANY: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, Esquire Pa. I.D. 274950 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 T" CON FTM WOW N T u9r Wwed. I here unto so ny WN and un-seal o1$alH OwnA cadws. ft_ 6 r ATTORNEYS FOR PLAINTIFF 80-454 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY, Plaintiff, vs. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. CIVIL DIVISION NO.: NOTICE TO DEFEND 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 i I! `i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE CIVIL DIVISION COMPANY, NO. Plaintiff, VS. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE IMC Mortgage Company, Successor by Merger to Industry Mortgage Company, L. P., (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 33617-2362. 2. The Defendants are Frederick R. Moses who resides at 117 White River Boulevard, Hollister, MO 65672; Cynthia Louise Moses who resides at 428 Fairground Avenue, Carlisle, PA 17013; and Ronald L. Dick and Suzanne H. Dick who reside at 123 West South Street, Carlisle, PA 17013, respectfully. M i 3. On or about November 29, 1995, Defendants, Frederick R. Moses and Cynthia Louise Moses, borrowed the sum of $51,000.00 from the Public Savings Association pursuant to the terms of a written agreement, and as security for repayment thereof, Defendants, Frederick R. Moses and Cynthia Louise Moses, made, executed and delivered to Public Savinos Association a Mortgage in the original principal amount of $51,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on January 4, 1996, in Mortgage Book Volume 1298, Page 504. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 4. Pursuant to a certain Assignment of Mortgage, Public Savings Association assigned the aforesaid Mortgage and Note to Plaintiff, which was recorded in the office of the Recorder of Deeds on June 18, 1996 at Mortgage Book Volume 522, Page 827. 5. Defendants, Ronald L. Dick and Suzanne H. Dick, are the record and real owners of the aforesaid mortgaged premises. 6. Defendants, Frederick R. Moses and Cynthia Louise Moses, are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants, Frederick R. Moses and Cynthia Louise Moses, are due for the November, 1996 payment. 7. On or about October 21, 1998, Defendants, Frederick R. Moses and Cynthia Louise Moses 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. 8. On or about October 21, 1998, Defendants, Frederick R. Moses and Cynthia Louise Moses, were mailed Notices of intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq. 9. The amount due and owing Plaintiff by Frederick R. Moses and Cynthia Louise Moses is as follows: Principal $ 50,797.94 Interest (to 9/14/98) $ 10,566.76 Late Charges (to 9/14/98) $ 284.52 Attorneys' Fees $ 900.00 Title Search, Foreclosure and Execution Costs $ 2.500.00 TOTAL $ 65,049.22 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $65,049.22 with interest thereon at the rate of $14.89 per diem from September 14, 1998, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN, & BIRSIC, P.C. /Ju BY: / i ;; Kimberly J' Hong, 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. i 1r, EXHIBIT "A" WHEN RECORDED MAIL TO FRANKLIN SETTLEMENT SERVICES, INC. •i 1'?' V 100 Presidential Boulevard North FlED gCOP Bala Cynwyd, PA 19004 I c66664444???????1 Loan Number : 300454 ISPACR ASIOVE THIS LINE POR ReCOROINO OATAI MORTGAGE THIS MORTGAGE (' Security Instrument') is given an November 29, 1995 The mortgagor is FREDERICK R. MOSES and CYNTHIA LOUISE MOSES ('Borrower'). This Security Instrument is given to Public Savings Association which is organised and eadstiog under the laws of PENNSYLVANIA , and whose address is 100 Presidential Boulevard North, Bala Cynwyd, PA 19004 FIFTY-ONE THOUSAND DOLLARS AND 00/100 (.Laadei ). Borrower owes Leader the principal sum of Dollars (U.S4 51, 000.00 ). This debt Is evidenced by Borrowar's note dated the same date as this security Instrument ('Nate'), which provides for monthly payments, with The Nit debt, if not paid earlier, due and payable on December 4, 2010 . This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Not a, with interest. and 211 renewals, eatemions aad maditintinns of the Note; (b) the payment of ell other sums, with interest, advanced under paragraph 7 to protect the security of ibis Security IostrumenG and (c) the performance of Borrowers covenants and agreements under this Security Instrument and the Nate. For this purpose, Borrower does hereby mortgage, gnat and convey to Leader the following described property located in CUMBERLAND County, Penosylvaaia: ALL THAT CERTAIN REAL PROPERTY AS MORE PARTICULARLY DESCRIBED ON EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF ich has the address of 123 W. SOUTH STREET CARLISLE (Sus.,] kill sasylvscia 17013 ('Property Address); (Zip Coda) NNSYLVANIA •s?ad• s4map Fannie M11/Freddie We UNIFORM1( IN.STRUhfENT Peas 3M9 9AQ Uses I '16 1.11) sastalln rMM 1950 (9211) C . lN) TOGETHER Dow a' WITH all 'he impravemsnb new or herm0er erected an All of the forego Ch. prnpersr; inJ all e uemenls, -PP"rg . 'flaurns Paw all ItaroRer a part or the Property, All repU,cmems ns Security I.. cc', Rod ing is referred to in Ihis Security Instrument as thea'PdropesadJi'i Ch ty.' shall slso be covered by IN Setunny Instrument. BCRRC WER COVENANTS that 6orrnwer convey the Properly and that the is IAwfully acitaJ of the estate hereby conveyed and has the right to Properly is unencumbered, except for encumbrances of record. Borrower warrants And will defend generally Iha title to the Property againsl all claims and demands, snbjeetny encumbrances of record. grant And ag n real Pr Pr to l any encumbrances THIS SECURITY INSTRUMENT combines variations by jurisdiction to constitute a uniform security iasl ins[mcamnl cavent coo ed for one uniform covenants with limned y. UNIFORM COVENANTS. 1. Payment n( Princi Borrower and Lender covenant and agree as follows Pill and Interest; Prepayment ofand ; 2. Fun and Late L7s Flintds an for the Tdebt evidenced by the Note and any id Laymen[ And (ate charges dull Prom the NPay ateTax, and ages. Borrower shall promptly No when due the principal Lender oa the da hnnra+la• Subject to any each[ and ACCIA111111 whiAh ch m law all to a w' Y An Y Payments are due under tha Nate, until the Nma is paid ten in full. waiver mbym Lender. (FoodsB) far: ( orrawcr shall or aboard re e ground recta ts on the Pr ay attain priority over this Security Instrument as t use the Pro err b pay to o any. (e) yearly most a e ' perly, if any. O Yearly hoard all property insurance premiums; dP Y O yearly Icm a) yeholdearly payme lust nts provisiaoa of Are •ra h insurance premiums, if any, and or If) p any sums payable re Borrower Yearly P P in lieu of the payment any. rladerdii aesorcenceminets. if Mortgage Lander sDAY. orenat any time, coll.,[ and hold Funds i A insurance premiums. These items are with the rotated mgage loco may n amount not to exceed the called 'Eutaw In". Y require 1974 as "ended from I. to limfe,or Burrawer's escrow Account under the federal Rol Berme Settlement federally animm teaser to t the he amount If ho, LenJer a RAY. at any time, Cer«t n and hold Funds in an amount caul la eaceew that applies to d the lesser eta h Leader may all otherwise in accordance with a Lender. if Larder r is s mount of Funds due on the basis of cur tent data and reasonable lastimnom o(Im ad the es ell futural. Escrow Lead Items The Funds shall be held in an 1mGtuti n whose deposits are insured by a federal Agency instrumentality ell entity (including item, such an imto rows all in any Federal Home Loan Bank Lender shall aPP1Y the Foods to a the Escrow Items, unless, L Car PAY, far holding and aPPhing the Funds, nnuall the escrow However, Lender may require Borrower P'row.,Y n one interest all the Fonda And a Y analyainc the set" account, or ve 'fling order in coanedina applicable law Permits Lander to maka•such require, ceter • <hnrge. m. chage (or An independent real estate lea repotting service used by with 'his (ran, unless applicable law Unless an agreement is made or a a [ to be pail, Center shall sot he requir. provides or an i ld lender may agree in rvgable law J to pay Borrower any interest all agree on the Funds. Bortower And annual aeeauatnds Of wrung, however, that interest shall 6e paid on the Furls. Lender shall give to an the a with out .huge, an pl Fuads showing credit, and debits to the Funds cad the purpose for which each debit Iha Fonda was It the Funds held by Len Jer made The Foods are pledged as addiliooal seeurily far all 10th uFunds by this Security a f0c w exceed the amounts permitted t, ec held h a :ho ueees Funds in accordance with the requiremenss o(appGeahle law, lithe amnunl of Iha Funds held 6y Lender al fnstruag,AL a oat suffident to a Y PPGcahie 4w. Lender shill aeemmt Ie Bortower for P Y the Fallow Items when Jue, Lender may so notify Borrower in wilting, and, iv both use Bortower char hey time 'aY to Lander the amount necessary Ill make up the Jefieieney. Borrower shall make up the deficiene mnthlY p+ymenta, at Lender's sole Jiserelion, Upon payment in full of All sums secured Ly'hih Security Imrrument. LenJer strati promptly refund [o Bormrvmlaso Foods old 6y Lender. If, order paragraph 21, LenJer shall acquire or all the Property LmWer, prior to Iha acquisition or C. of the «urity Iaslrvmam. 'ropeny, char apply any Funds bald by LenJer at'he lime a( a<quishian or tale as a eredi[ against the rams secured by this ]. Applieallan of Paymentr. Unleaa applicable Lnw proviJns o'henvia<, all a sd 2 shag be applied: fiat, to illy [m -rest duo pr.paymeA charge, due under'It N ve ; n,. Bortow er P Ymenta receid 1, La cider under paragraphs 1 iird, la ph 2: al.; second, to amauon Payable under Pan d argu; Lle Prfourth iority to ell hall ll a , due: and hn to soy late charges duo under the Is. gn 1 .bleb may attain priority over Ihis Security Ivarumenl and leasehold payments ell ground ten's, if Any. Botabl. shall pay Ihese 'CxOn ow et property dits(i avower ensd makes e Ihe1a manner provided to paragraph 2. orif no pall fn s Chat A manner Cities grounar ents. pray them b on bimeo dire man ed payment. Burrower shall promptly furnish to Lender all notice, of amounts to be paid under this pauctly to if Pa e Bortower shall t of ry discharge - a yoGenvwhichlhAs priority furnish to over this Lender Security Instrument mth rortower. (a) agrees in icing to the payment of Iha obbligation secured by the Gan unl manner aecepmbk to Lender: (b) noes sera good (ail6 the Gen foreertlent of she en; or (e) m< oree from the h iv a all defend. against eafareemeni of Iha lien io. legal proeeediogf which in 'he Lender" op' man operate to 'reveal the on's older of the Gen an agreement sminh<Inry to Lander mhordinnring the Gen to h Saean Ienrum lianL If LenJer determines that any purl of the Property ..... hj«t to a lien which may crania priority over Security (netrumene Lender may give Borrower a notice for ch ing the GenHarrower shell satisfy the G .. AS take one r ,re f i b ha anions set fonh shave within 10 it., Y. fill. oin + ty 5. n.., ,d all Proper (l" of n...... and againrt lose h k^rCar ". Bortower shall keep be impvemaets now edsring all hereg0er ar<eted an th uding e Prapeny ,dill for w ' Y fire, IS aa. included sv(Ihin the ro term 'extan..t coverage' and soy other hoards, incl 0a ads all L. such Center requires imuraoee. Thi....... n<e shat 6e maintained in the ,may c and far the periods that Lender .'r -r. C . n r'nms J039 9'90 (rece'_ o46 page[) require. The inro..... carrier providing IIm in sunn...hall be chnon by Barrou<r .uh1cct to Lend.Ye s be unreasonably withheld. If Borrower fall. m mainuin cavern,- deocalmol abava, Lende( MAY. es Landai t optwn'aWam Co.ebell nga to Prated lend..'. right, in the Property in accohl-coca with paragraph 7. All insurance paid- and (Caswell shall be acCepsabla to Lender and shall include a standard motgage .louse. Lander (hall have the light to hold the Poficin and renewal.. If Lender requiter, Borrower shall promptly grve In Lender all uceipl, of pull Premium and renewal notice,. In the event of last, ommwer shall give prompt notice la the ;,,,,,area carrier and lami". Lend" may make plan( of Ion if not made promptly by 0........ Unless Lend,, and Barrowel ahem,- agree in wril;.q. imuranca proce,da Omit be .ppi;,,t to .om.l m or repot, of the Property damaged, if the tetoralion or repair is economically feasible and Lender', Cemriry is not Ieuenrd. If the reunution or repair is not eronamicolly feasible or Lender's Security would be leauned, the intuuace proceed, shall be applied to the ,am, secured by this Security Instrument, whether or not tlwn due, with any excess paid to 0nrrouer. If Bnrtouer sh rdum the Property, a, does not ,mwe, within 90 days a notice final Lender that the insurance euridr bar offe.ed m mule a chin, then LenJdbery I may collect the insurance proceeds, Lemler may use he proceed, to "pair or retold 1110 Property or to pay SwanucorehiS Security Inntument, whether m, net Ihen due. Th. ]O ,-sell will begin when the norise is n. Unless Londe, and Borrower otherwise agree in-Jaywriting, any application of Proceed. lo is lincipal Chill not -tend at poo Core Cho due date of the monthly payments elected to in paugraph, 1 and 1 or change Cho amount of the payments. If undo paragraph yl the Property is acquired by Lender, Borrower's right to any inmunce policies and proceeds resulting tram damage to sh Property prior to the acquisition Shall pan to Lender to she extent of the turns secured by this Security Imlruman immedWal; prior to the acquisition. 6. Occupancy, Preemlfon, Mainlenence and Protection of the Properyf Bmm?.er's Loan APplintinn; Leasehahh. Borrower ,hall occupy, emblish, and use the Property as Borrowers principal residence within silly day, after the eecution of INN Seludly Instrument and Shall continua to occupy the Properly at Bnrwwer's principal residence far m lean one leaf after the dole of occupancy, unless Lander otherwise agree in writing, which cornent shill not be unresronebly withheld, at union so.miaiinj ci,cunnunee, exist which are beyond Bonowar's control. Borrower shall not destroy, damage or Impair the Property, Allow the Property to deteriorate, or mmmit wane an the Property. Borrower shall be in default If any forfeilu" action or Proceeding, whether civil or Criminal; is begun that in Lender's good dish judgment could result In for0riture of the Property ar alhendSe materially impair the lien created by this Security Instrument or Lender's Security insert. Borrower may cu" such a default and reinstate, as provided in paragraph 16, by eu,ing the action or proceeding to be dhmiss-d with , ruling that, in Lender's good With determination, precludes forfeiture of the Borrower', intent in the Property at other mmelal impairment of the lien created by this Semrily Instrument or Lender's "curly interest. Barrows, shall aim be in default if Borrower, during the loan application Process, gin menially dhe or inaccurate information o, nalements to Lender (at failed to provide Lender with any malarial information) in connection with the Into evidenced by the Nose, including, but not limited to, representalians contorting Borrower's occupancy of the Property as a principal reldenee If this Security Instrument is on a Ieaehold, Borrower shall comply with all the provisims of the lease. If Borrower acquire fee tide to the Property, the leasehold and the fee title shall not merge units, Lender agree, to the merger in writing. 7. Protection of Lendee's Rights in The Property. If tianowar fails to perform the covenanU and agreements contained in this S-m.ily Instrument, of Ihere i, a legal proceeding that may dgnircar tly affect Lender', rights in the Property (Such a, a proceeding in bankruptcy, probate, for condemnation or fadeitara or to enter" laws or regulmionsl, then Lender may do and pay for whatever is neaeyary to protect the value of the property and Lander's rights in the Property. Under*, actions may Include paying any sums secured by a lien which has priority on, this Security Insnstrumem, appearing in court, paying "namable atlomgt' fees and ensuing m the Property to make "pmts. Although lender may take action under this paragraph 7. Lendar does not have to do to. Any amounts disbursed by Lander under this paragraph 7 shall become additional debt of Borrower secured by this Sectoily Imtmmenl. Union Borrower and Lender agree to other Isms of payment, these amount, shall bear interest hum the dale of disbursement at the Note rate and shall be payable, with interest, upon notice from Lander to Oa"wer requesting paymAm. S. Mongage Insurance. If Lender required mortgage insurance a a Condition of making the loan secured by this Securip Insimment, Borrower Shall pay the premiums required to maintain du mortgage insurance in affect. If for any reason, the mortgage insurance coserale required by Lender lapse, or eases to be in ABACI. Unrtower shall pay the premiums requited to obtain coverage substansialry, equivalent to she mortgage insurance previously in -Rem, it a not substantially equivalent Co the not to Barrowar of she mortgage insurance previously in effect, from an alicinme mortgage Insurer approved by Lender. If submntialiy equivalent mortgage insurance coverage is not available, Borrower shall pay to Lander each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the (mutant coverage lapsed or auW to be In Affect. Lander will -mpy me and retain theca payments as a lot, Comm in lieu of mortgage Insurance. Lon ease", payments may no longer be required, at the option of Lender, if mortgage insurance mvetale (Tn Cho amount and for the pedal IIU1 Lander requires) providad by an insurer approved by Lender again bemm., available and is nhtalned. Borrower shall pay the premiums required la maintain mortgage inroranco in effect, or to provide a loss teen,, until the requirement for mnrkgaga insuance ends in aenodanm with any written agreement betuean Borrower and LeMet or applluble law. 9. Inspection. Lands or its agent may make reasonable entries upon and inepeetions of the Property. Lends, shall live Borrower notice At the time of or prior to an inspection .pecifping reawnahle cause for he inspecton. 10. Candemnatlon. The proceeds of any awN of claim for dam,ger. direct or comequ,mial, in connection wbh env Single Family - patrol, hfae/Fseddie hla< UNIFORM INSTRUMENT - Undorm Caven3m, 9190 (pap 1 of a p,,.•rl F- C rl condemnation or other taking of any pall of the Property, or for conveyance in lieu of condemnation, are hereby auitned and shall bs paid to Lender. In the event of a lotal taking of the Property, the proceeds !bull be applied to the sum, secured by this Security Instrument, whether or not then due, with any excess paid to Bmrewer. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to at greater than the amount of the sums carried by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums scorn' hy this Security Irulnument shall be reduced by the amount of the proceeds multiplied by the fallowing fraction: (a) the total amass'. or the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial liking of the Property in which the fair market value of the Properly immediately before the taking it lee than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the procceds dull be applied to the sums Accused by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if. After notice by Lender la Borrower that the condemnor often to make an award or nettle a claim for damage,. Borrower fails to respond to Lender within 20 days after the date the notice is given. Lender is authorized to nallact and apply the piaceda, at its option, either to restoration or repair of the Property or to the sum secured by this Serurfy Instrument, whether or not then due. Unless Lender and Harrower otherwise agree in writing. any application of proceed, to principal shall not cstcad ur postpone the due date of the monthly payments refeced to in paragraphs 1 and 2 of change the amount of such payments. It. Boteav er Not Released; (rmbeannce by Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this security instrument granted by Lender to any successor in incteat of Borrower shall not operate to release the liability of the original Borrower or Bormweri suaewcn in interest. Lender shall not be required to commence proccedinp against any successor in inlecu or refuse to extend time far payment or otherwise modify amorlialion of the sums secured by this Securily Instrument by reason of any demand made by the original Borrower or Borrower's suctessan in interest. Any forbearance by Lender in exercising any right of remedy shall not be a waiver of or preclude the exercise of any tight or lemcdy. 12. Sueceasnrs and Assigns Bound; joint and Several Uahiftyt Ca dgne2 The covenants and agreements of this Security Instrument shall bind and bcnefi[ the sucoesrors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower*. covenanta and agreements shall be joint and several. Any Borrower who eo•vigns this Scantily Instrument but data not ...to the Nate: (a) is coe;gvng this Seaudly Instrument only to mortgage, grant and convey that Borrowers interest in the Property under the terms of this Security Instrument: (b) is not personally obligated to pay the sums sand by this Security Instrument, and (e) agrees that Lander and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security fnstrumcnl or the Note without that Borrowed mnscnL U. Loran Charges. If the loan secured by Ihis Security Imtrumrnl is subject to a law which sou maximum loan charges, and that Iaw is finally interpreted are that the intercrt ar other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan dirge !hall be reduced by the amount neceavry, to reduce the charge to the permitted limit; and (b) any sums already collected from Bauowcr which exceeded permitted limits will be cfunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund features principal, the reduction will be treated as a partial prepayment without any prepamenl charge under the Note. Ig. Nodes. Any nalico to Borrower provided far in this Security Instrument shall be given by delivering it or by mailing it by rent clan mail union applicable law requires we of another method. The fall= shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by faro[ claw mail to Lender's address staled herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower Of Lender when given a, provided in this paragraph. 15. Cuvarning Law; Severahilily. This Scus tidy Instrument shall be governed by federal law and the law of the jurisdiction in which the Popery is locoted. In the ewant that any provision ar clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this security Inslroment or the Note which on be given effect without the conflicting provision. To this end the provisions or this Security Instrument and the Nate are declared to be severable. 16. Ootrtawe/s (spy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Popery nr a Beneficial Interest in Oomuwer. It all or any pan of the Property or any interest in it is sold or transferred for if a beneficial interest in Borrower is sold or tnns(ened and Borrower is not a natural person) without Lander i prior written consent. Lander may, at its option, required immediate payment in full of all sums secured by this Scantily Instrument. However, this option dull not be ecniud by Lender if eseraua is prohibited by fedetal love as of the data of this Security Instrument. If Lender exeeeisn this option, Lender shall give Borrower moll" of acceleration. The notice dull provide a period of not less than 70 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration or this period, Lender may invoke any remedies permitted by this Se"riy Instrvment without further notice or demand on Borrower. / IS. Bomsve<r i Right In Reinstate. If Borrower can certain condhionv. Borrower shall have the tight to have enforcement of this Security Instrument discontinued at any time prior to the earlier offal 5 day, (or such other period as applicable law may Single Family - Fannie Maefrredde Mac UNIFORM INSTRUMENT - Uniform Covenants 9190 (page a of 6 pages) /5:- C. r'l specify for reinltatoment) hefnre ale of e... prop.ny / . al Io any power of CAN ca,...mW In this Security Inu( I; at (b) tarry of 4 judgment .nfnrcing this Security Instrument. a conditions .,A that 0... rnw.r. (a) pay, Lender eft Corr mch then -would be due under this Security Instrument and the Nate is if an ,ccoletniinn had ac cuffed; (h) ctaw any Jesuit of any other covenamt or agrecmentr. (c) pays all expense, incurred in enforcing Chit Security Inmrumani, Including, but oot limned to. reasonable attorney.' fur, and (d) lakes such action As Lander cony reasonably raloire In 1111114 that the Oem al' this Security Instrument, Lender's rights in the Property and Borrower', ohligminn to pay the Come secured by this S,curty Instrument shall continue unchanged. Upon reinstatement by Boirnwer, this Security Instrument and she abligslions i,sured hereby ,hall amain fu0y, effective as if no acceleration had occurred, Huwsrer, this right to reinstate ,boll not apply in the to,, of acceleration under paragraph 17. 19. Sale of Nate; Chance a( Loan Servicer. The Note or A partial interest In the Note (together with this Security Insrumene) may he sold one or more times without prior notice to Borrower. A fare may urult in . change in the soliry (known as the 'Loan Servitor') that collects monthly payments duo under the Nate and this Security la•rtumenl. Three arm may be and or more changes of the Loan Ser icar unralaml to a Ala of the Note. If that. is A change n( the Loan SaHcor. Borrower will be given written notice of the change in acccodAnc. with paragraph H share and eppllcable law. The notice will stale the name and address of the new Loan Servitor and the addrera to which payments should be made. The notice will also contain say other information required by applicable law, 20. Ha.. rdnm Suhl=ccl. Bormwer shall not cauu or permit the presence, tau, difpoal, unlace, or teleere of any Haufdom Suhatance, on or in the Property. Onrrower shall not do, not allow Anyone she Co do, anything affecting the Property That is in violation of any Envirmmn.nial Law, The pr.ceJlog two iw.neu soel nos apply la the prerenes, use, or oomg. on the Properly of small quantities of Ilautdoue Subecancar that sit generally recogdied in he appropriate to normal residential use, and to maintenance of the Property. Borrower shall promptly give Lender written notice of any Ina ulgndnn, dAbn, demand, Inwtutl or other action by any gnvernmenlal or regulatory agency or private party Involving the Property aml any Ihrardnuq Substance or Environmsotd L w of which Borrower hat actual knowtedge. If Borrower Casino, or Is nahndel by any gnrermmenal or regolatary authority, that Any removal or other remadiadon of any Ilanrdnut Suhnanee dlsating the Prap sty is a.aatary, Ilnnower shall promptly lake all necessary remedial action, in accordance will, Bnvitanmenul L.A.. As used in this paragraph 20,'lluvdou, Substances' ate that. stsbstanaq deuned As lode or h,ardous substances by Environmental Law and the following substantar gasoline, kerosene. other 0enmahle or lode petroleum products, Imde pesticides and herbicides, volatile solvents, m,nenslq vuntainlog asbestos ate farmalJohyde, ead adiunctive materials. As used in this paragraph 20. 'Environmental Law' means federal law, and laws of the juumdlctdun whew the Property Is located that relate to health, safety, or environmental protection. t NONUNIFORM COVENANTS, Borrower And Lender further envenenl end acne NO fallowu 21. Acoelemdan; Remedies. Lender shall give notice in Borru,trr prior to aaeeltrdlian Waiving Bonawers breads of any covenant or agreement H this Semily Ingtrument (hul not prior in eccsler.tlun under paragraph 17 unless applimhle Ian prmidu othen.he). The notice shall ipecirp (a) the dofau0l (h) the scion required in nut the dt(nu l; (c) a date, not Ito than 30 day, from the data the natlce 11 given to Bnnmerr, by nhkh the ddaull mail ht ouredl and (d) that fa0we to tore tht default an or hefnre the date tpec0fed In We notice may rerult in acceleration d Ilea Atom acurel by this Security Inebument, farerloave by judicial proceeding and iota of the Property. Tits nnike thu8 (.vllur lafarm nonmtar of the right to reinstate after aceeitr llnn and the right to xfert in We fared.nurt prod ing Ili, nnn•.,hteoce of a ddaull or any other defense of Bnnm.er to acceleration and forednawe. If the default a not cored nn at before Nu date IpedOsd In the twin, Lender at its apdon may require immediate payment in full of or stunt rowed by Ila(, Stonily Inunmunl ohlooil further demand and may foredase thin Security Imtramenl by judicial proceeding. Lender shill he mllthd to called all npmtsi Intoned In pursuing the remedies provided in this paragraph 21, tnduding, buy sent limited to, attanipe, feet and goon u( title evidence to the extent permitted by appik=hle law. 22. Release. Upon payment of All auma enured by his Sseadty Instrument, this Seeorlty InNament And the delete conveyed shall terminate and become void. After such necurr,nee, Lender hull discharge and sausly this Security Instrument without charge to Borrower. Borrower shalt pry any ,catilavon call,. 27. Waiver. Barruwar, to the dent permsttAd by applicable law, w'alrte end nletlbe any error or defects in proceeding, to enforce this Security instrument, and hereby waive, the henelll or any proanl At lututa laws providing for may of execution. extension of time, exemption from al taehmeat, 1. wit and tae, and htime l a ad aAamplbu, 2e. Reinsultmenl Period. Barrawer'o Ilm. In Noma plnwded In psagnph Ill shall vend Co an, hour prior to the commencement of bidding at a ,herirfs sale purwanl to this Security Inurumanl. 2S. Purchase Mnney Mortgage, If any of the ,Itio usored by this Security Instrument Is lent to Borrower to acquire title to :he, Property, this Security Innrumam shall be s Coulon., fanner manpgo. 26. Interest Rat. After Judgment, Botsower apes that the Inlrtatt tae payable atin n judgment is entered on the Note or in an action of mortgage fortclorure ,hall he the late payable ham time to time under the Note. ,, ` C!n ran., iwg ma (p,,,. 5 ao; p.mest 21, Rldee to lhie Semulty Iostmssem. If cm, nt a riders see exacntul Irv Barrnwer and recnmul log( with this v9ecudty latrumenq (he covenants and agreements of seen such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a past of this Security Innrument. (Check applicable box(os)) ?Adjunable Rate Rider ?Graduated Payment Rider [Balloon Rider ?O(ber(s) (specify( ? Condominium Rider ? 14 Family Rider ? Planned Unit Development Rider ? Biweekly Payment Rider ? Rata Improvement Rider ? Second Home Rider BY SIGNING BELOW, Burrower accepts and agrees to the terms canuined in popes I dnough a of this Security Instrument and in any rider(x) executed by Borrower and recorded with it. COMMONWEALTH OF PENNSYLVANIA, 01A.104„ '( ia? (Seat) FREDERICK R. MOSES a.,..... ?ntpA L o-1.; an P IcY u;. (Senn CY.VI IA LOUISE MOSES n4ee... (Seal) tk,ee..r (Seat) 9mwer Counly se On this, the ) 5 --" day of N°'rY^ F? ?99rbe(ore me, CYNTHIA LOUISE MOSES the undenigned officer, penanally appeared FREDERICK R. MOSES and known to me (or satisfactorily proven) to be the persons whose names are subse,ibcd to the within instrument and acknowledged that they exc.tcd the same far the purpose therein coolaii?ned. IN WITNESS WHERFnE I n... h• r • d trains Nest. N /? /I I MY Ha Notarial Noll/f/ ?7f/ L/.//w-?' a. Easte. rerer, urey M7 Commiaion vpirer. O eb Wng. 9, Pst's 31. Cammrncbrsulan E+Wn Jan. n. L, 1998 ...«.: ?L cl+.vaa Ata=ca m raj= Tit of OR CERTIFICATE OF RESIDENCE 1, PAIGE A. BALDASSARRE do hereby eenify that the (onset address of the within named tender is 100 Presidential 'Boulevard North, Bala n )PA 9004 Wimea my hand this 29th day of November 1995 1 A G uDASSARRE Agent of Lender xrr,. C. h. Form 3039 7190 (page 6 of 6 pages) ALL that •cartein tract of Land with tho erected, situeta in .the Third Ward of tha dad Cumberland 'County, ' Pennsylvania, foLLowa: impro4. into Charter Borough. of Carlisla,, 'and described, as .On'the'Shuth'.:'by,Weht'South.Stcaet; ei eheonethe'Nocthpbytproperty formarly?.:bfrJodeph•B•,,;?hcmpeon'.s• heirs;. the East by now or, farmarLy,^af.:,Wil•1•iam ;C:." Louden's heirs; on property„ nou' or 16or arly` of William H.• Hooke and wife; having a frontaga.•.on. Weat;•South Street of 17 feet, more Or less, and axtonding• at'-that.-width, 127 feet, more ar Less, to the property of the LoudahShe'irs in the rear; being improved with 'the Western reert being frame known dwelling NoUS123 with gerage -four in the 2-.1/21 story dwelling a frame 'raw of a doubl 'West the South division ;wathe Eastrn'. ll separating Lino of 123iVest South Street andoNo. 121 West South' Street to the East thereof: TOGETHER *with'the -right in the Grantees, their heirs and assigns, of inkress.to"and• regress from the lot hereby convayed 'over and uoon. the N'crthern •16 feet of 'the'adjoining lots to the East thareof, being`Nas. 117, 119; and 121 West South Street, to-the 10 foot alAdy- to"thd East of Nd: 117 West 'South Street. y F. BEING'' the same. property • which Hoke L. Franciscus and recorded r the Fronciscusy•bytheir •dead dated May 25, 196 office of'•tha•Reebrder of Deeds' for,CumbarLanid and eonCounty-in Weed Book. AN , Volume 2A•,,;at,pagc,1002, granted R. Mesas and:•Margatet M. Moses. Ward R.• Moses died on March 7, 1978 :'passing the property unto his wife, Margaret M. Moses, by action of the law, Margaret M. Moses died on. topher son25°redBerick aawiLl.).Iedvhiin& the property the Executor of said Will. The Estate of Macgarecp M. Maces is the grantor herein. This, conveyance `i-a• botuien the Mother's Estate to her son and heir and is therefore exempt from real estate taxes. ,300tJ- PACE BBa. AAIVN 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 unsworn falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to his information and belief. \`. . UFFIUe Of tur tHC??t?F ?• r.?;. 13 a os ?H'99 ? ?? ?] l10? ,_ ? `., ???;,tin ??3?; :i1 e0-454 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY, VS. Plaintiff, FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. TO DEFENDANTS You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (?20) DAYS FF M-SE HEREOF . t ATTORNEY FOR P INTIFF v L HEREBY CERT:F': THIS 1. ? ADDRESS OF THE PLAINTIFF Ia 5901 East Fouler Avenue Tampa, Florida 13617-2362 A10 THE ADDRESS OF FREDERICK P .. MOSES IS; 117 White Rlver Boulevard Hollister, MO 65672 and THEE ADDRESS OF Cr.nHIA WU:SE MOSES IS 428 Fairground Avenue Carlisle, PA 17013 and AND THE ADDRESS OF RONALD L. and SUZANNE H. DICK IS 123 West South Street Carlisle,. PA 17013 ATTOR:IE LS FOR PLnP,ITIFF CERTIFICATE OF LOCATION T HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS Carlisle Borough Third Ward (CITY, ORO, TOWNSHIP) (WARD) ATTORNEYS FOR PLAINTIFF CIVIL DIVISION /? NO.: ?q - 7 / 10 TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE. FILED ON BE14ALF OF IMC Mortgage COMPANY: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, Esquire Pa. I.D. #74950 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 e TPAAE COPY FROM Rb00W TeftmW whe "' II here OW =etnmy hW T di C_ _AA .__?T 80-154 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY, Plaintiff, Vs. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. CIVIL DIVISION NO.: NOTICE TO DEFEND 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 cn_nty (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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 . r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE CIVIL DIVISION COMPANY, NO.: Plaintiff, Vs. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE IMC Mortgage Company, Successor by Merger to Industry Mortgage Company, L. P., (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 33617-2362. 2. The Defendants are Frederick R. Moses who resides at 117 White River Boulevard, Hollister, MO 65672; Cynthia Louise Moses who resides at 428 Fairground Avenue, Carlisle, PA 17013; and Ronald L. Dick and Suzanne H. Dick who reside at 123 West South Street, Carlisle, PA 17013, respectfully. 3. On or about November 29, 1995, Defendants, Frederick R. Moses and Cynthia Louise Moses, borrowed the sum of $51,000.00 from the Public Savings Association pursuant to the terms of a written agreement, and as security for repayment thereof, Defendants, Frederick R. Moses and Cynthia Louise Moses, made, executed and delivered to Public Savings Association a Mortgage in the original principal amount of $51,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on January 4, 1996, in Mortgage Book Volume 1298, Page 504. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 4. Pursuant to a certain Assignment of Mortgage, Public Savings Association assigned the aforesaid Mortgage and Note to Plaintiff, which was recorded in the Office of the Recorder of Deeds on June 18, 1996 at Mortgage Book Volume 522, Page 827. 5. Defendants, Ronald L. Dick and Suzanne H. Dick, are the record and real owners of the aforesaid mortgaged premises. 6. Defendants, Frederick R. Moses and Cynthia Louise Moses, are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants, Frederick R. Moses and Cynthia Louise Moses, are due for the November, 1996 payment. 7. On or about October 21, 1998, Defendants, Frederick R. Moses and Cynthia Louise Moses 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. 8. On or about October 21, 1998, Defendants, Frederick R. Moses and Cynthia Louise Moses, were mailed Notices of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et sec. 9. The amount due and owing Plaintiff by Frederick R. Moses and Cynthia Louise Moses is as follows: Principal $ 50,797.94 Interest (to 9/14/98) $ 10,566.76 Late Charges (to 9/14/98) $ 284.52 Attorneys' Fees $ 900.00 Title Search, Foreclosure and Execution Costs $ 2.500.00 TOTAL $ 65,049.22 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $65,049.22 with interest thereon at the rate of $14.89 per diem from September 14, 1998, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. I r BY: Kimberly J. Hong, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL r? BE USED FOR THAT PURPOSE. r C, EXHIBIT "A" I?rcP? iZ WHEN RECORDED MAIL TO FRANKLIN Presidential E Boulevard ENorINC. th EOOPV? Bala Cynwyd, PA 19004 ,C F1ED Loan Number : 300454 (SPACE AROV THIS UNEPOR RECORDING DATAI MORTGAGE THIS \fORT/:AGE ('Security Insetumcat') is given on Tha marrgagor is November 29, 1995 FREDERICK R. MOSES and CYNTHIA LOUISE MOSES ('B9rrawet ). This Security Instrument is given to Public Savings which is organised sad eaisliac under the law, or PENNSYLVANIAAssociation 100 Presidential Boulevard North, Bala n . •oe whose addre„ i,? Cy n PA 19004 FIFTY-ONE THOUSAND DOLLARS AND DO1100 (.Lender'). Borrower owes Leader the principal sum of Dollars (U.S.$ 51, 000.00 ). This debt is evidenced by Borrower's note dated the fame data As this Security Instrument ('Note'), which provides for monthly payments, with the full debt, if not paid earlier, due and payahle an December 4, 2010 . This Security Instrument secures nt of the debt evidenced by the Note, with interest, and all renewals, "s"edans Rod modificatn ios of the No(erob) the other ,ums, with interest, Advanced under O Payment of all Paragraph 7 to protect the security of this Security laarumeal: and (e) the pe rriew,., ower does of hereby maBorrower's Oven•ms and agreements under this Security Inslnrment and the Note. Far this purpme. CUMBERLAND Borfgago, grant and convey to Leader the fallowing described property located in county. Penoeylvaoia: ALL THAT CERTAIN REAL PROPERTY AS MORE PARTICULARLY DESCRIBED ON EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF ich has the address of 123 W. SOUTH STREET Islmtl ao,ylvania 17013 ('Property Address'); (tip Code( NNSYLVANfA •slASr. pcn;y. Fannie Mae/Freddie hfae UNiFOMf IN.S(RUIlIENT SaStEM n'rM 1930 (9211) ltWde CARLISLE 10,71 Porn 2039 9/A (NM I n16 r•ae) /__'__Z ,IN1 TOGETHER WITH all the improve0uets new or hereafter erected on Iha prnpargi and all easements, appunanancee, and 't(uures sow or hereaR'r A Pitt of the properly. All replacements and addition, shall alto he covered b Ali of Iha foregoing is refused to in ibis security lonrummat a ch. *property.' Y This Security Instrument. BORROWER COVENANTS that borrower is lawfully ceased of the aslato hereby conveyed and has the right to grant And convey the Property and that the Property to unencumbered, except for encumbrances of record. Botrawer warrants and will defend generally the title to the Properly again,[ all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and naa•uniform covenants with limited variation, by jurisdiction to constitute a uniform security instrument covering real prnpery. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows; 1. Payment of Principal and Interest; Prepayment and Use Charges. Borrower shall promptly pay when duo the principal of and interest on the debt "danced by the Nola and any prepayment mad late charges due under the Nola. 2. Fonds far Taxes and Irttlsranee. Subject to applicable law or to a written waiver by Lender. Borrower shall pay to Lander as the day monthly paymeala are due under the Nola, until the Note is paid in full, a sum ('Funds') for; (a) yearly toes and aaeammemlm which may attain priority over this Security instrument as a ben on the Property. (b) yearly Ituehold payments or ground rents on the Property, Harty. (e) yearly hnard or property insurance premiums: (d) yearly Goad insurance premiums, if may. (a) yearly mortgage insurance premiums. if any, and (q any sums payable by Borrower to Leader, in accordance with the provisions of paragraph I, in Gau of the payment of mortgage insurance premiums. Thera items are called 'Eutaw Hama.' Lender may, At any time, eo act and hold Funds in nn amount not to exceed the maximum amount a leader for a federally related mortgage lose may require for Borrower's escrow account under the federal Red Estate Settlement Procedures Act of 1974 as amended teem time to time, 12 U.S.C. § 2601 at encl. ('RESPA'), unless another law that applies to the Funds sots a lower amount. Via. Lander may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current date and reasonable animate, of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shag be hold in an institution whore deposits are insured by a federal agency, instrumentality, or entity (including Lender. If Leader is such an institution) or in any Federal Home Loan Bank. Lender shag apply the Funds to pay the escrow, aroma Lender may oat charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unles Lander pays Borrower interest an the Funds and applicable law permits Lender to mAke•mrh • charge. However, Lender may require Borrower to pay a one-time charge for an independent real notice lax reporting service used by Leader in coone-fling with this loan, unless applicable law provides otherwise. Unless an agreement is made or App4cable law require. interest to be paid, Lander shall not be required to pay Borrower any interest or earnings an the Funds. Borrower and Lender may acres is writing, however, that interest shag be paid on the Funds. Lender shall give to Barrower. without charge, an annual accounting of the Funds showing credits and debit to the Funds and the purpose for which each debit to the Foods "a made. The Fuoda are pledged as additional security for all auras secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to he hold by applicable law. Lender shall account to Borrower for +he excess Funds is accordance with the requirements of applicable law. If the amount of the Funds held by Lander At any time I ail sufficient to pay the Escrow Items when due. Lender may so notify Borrower in wilting, and. is such case Borrower shag 'my so Lander the amount accessary to make up the deficiency. Borrower shall make up the deficiency in as more than twelve ,onlhly payments, at Lender's sale discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds old by Lander. If, under paragraph 21. Lender shall acquire or sell the Property. Lander. prior to the acquisition or sale of the salinity, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this wurity Iesi,nmgnl. 3. Applieallon of Payment,. Ungem applicable law provides otherwim, all payments received by Lander under paragraph, I sal 2 shag be applied: first. to any prepayment charges due under the Note; second, to amounts payable under paragraph 2: ird, to interest due; fourth. to principal due: and last, to any late charges due under the note. d. Charge,; Liras. Borrower shag pay all sues, as sestmeet,. charge,, final and impositions Attributable to the Property rich may attain priority near Ilia Security Instrument. And leasehold payments or ground sense. if any. Borrower shall pay chase Ggagaes in the manner provided in paragraph 2. or if not paid in that manner, Borrower shall pay them on time directly to the eon awed payment. Burrower shall promptly furnish to Lender all notice, of amount, to be paid under this paragraph. If mower makes these payments directly, Borrower shall promptly fairish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which her priority over this Security Instrument unless Borrower. (A) agrees in icing to the payment of the obligation secured by the lien in a manner acceptable to Lender: (b) contests in good faith the lien or defends against vofarcemmnl of the flan in. legal proceedings which in the Lender's opinion operate to prevent The ynrcamens of the lien; or (c) ssource from the holder of the lien an Agreement mtisibclnry, to Lander subordinating the limit to I Security Iatrumant. If Lander determines Iha[ Any part of the Property is ashjecs to n Gan which may AtWn priority over I Security Instrument, Lander may give Borrower a notice identifying the lien. Borrower shag satisfy the lien or lake one or to of the actions set Garth above within 10 Jaya of the giving of notice. S. Heard or Property boureaee. Borrower shall keep the improvements now existing or hereafter erected an the Property red against less by fire, hazards included within the term 'extended coverage' and any other beards, including floods or dint, for which Lander requires insurance. This insurance shall be maintained in the amounts and for the periods Iliac Lender /5--I' C .n amno 3039 9190 (pace 2o(6 page) requites. The imusance earlier p aviding ilia insurance shall be chosen by Borrower subjects to Lender's approval which shall not be unreasonably withheld. 1( Barrow, fails to maintain coverage dercuhed above, Lender may. at Lender's option, obtain coverage to protect Under's signal in the Property in accordance with paragraph 7. All insuranai pnlicim and renewals shall be acceptable to Under and shall include a standard mortgage clause. Under shall hoe the right to hold the policies and renewals. If Under inquires, Harrower shall psamptly give to Under all receipts of paid premiums and renewal notices. In the event of lass, Bosrawer shall give prompt notice to the insurance artier and Under. Under may make Finger of ton if not made promptly by Bestowal. Unless Under and Bestowal otherwise agree in writing, Insurance proceeds shall be applied In restoration at repair or the Property damaged, if the restoration or repair is economieslly feasible and Lendei s security is not lessened. If the toleration or repair is not meteorically feasible or Under's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether at not then due, with any excess paid to Barrower. If Borrower abandons the Property, at does net answer within 30 days a notice form Lender that the insurance orrice has offered to settle a claim, then Under may collect the issuance proceeds. Under may sew the proceeds to repair at senora ilia Properly, or to pay sums secured by this Seeutity Instrument. whether at not then due. The 70-day period will begin when the notice is given. Unless Under and Barrower otherwise agree in writing, any application of proceeds to principal shall not estand at postpone the due data of the monthly payments stressed to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Under. Borrower's right to any insurance policies and proceeds resulting [:am damage to the Property prior to the acquisition shall paw to Under to the extent of the sums secured by this Security Instrument immediately prior to the acquisilion. 6. Occupancy, Pre,elvdon, Maintenance and Protection of the rsuperty; Borrowers Loan Applio0on; Leasehnid4 Borrower .hall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy, the Properly as Borrower's principal residence for at least one year sitar the dale of occupancy, union Under othewise agrees in writing. which consent shill not be unseasonably withheld, or union extenuating eitcummnim exist which are beyond Borrowers control. Barrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, at commit waste on the Property. Barrower shell be in default if any forfeiture action at proceeding, whether civil or criminal, is begun that in Lender', good frith judgment could result in forfeiture or the Property or otherwise materially Impair the lien created by this Security Instrument or Under'. security interest. Borrower may cure such a default and ,circuit, as provided in paragraph 15. by musing the action or proceeding to be dismissed with a ruling that, in Under', goad faith determination, precludes fmlciture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Under's security interest. Borrower shall aho be in default if Borrower. during the loan application process, gam materially false or inaccurate information or saltemenu to Under (or failed to provide Under with any material information) in connection with the loan evidenced by the Nam, including, but not limited to, representation; conceming Bo rco e, i oocupancy of the property as a principal residence. If this security Instrument is on a leasehold. Borrower shall m nply with all the ptovisions of the lease. If Borrower acquires fee title to the Properly, the leasehold and the rest title shall not merge unless Under agrees to the merger in writing. 7. Protection of Lender's Rights in the pmperty. It Borrower fails to perform the covenants and agreamcnu contained in this Security Instrument. or there is a legal proceeding that may significantly affaet Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce law or regulations), then Lender may do and pay for whatever is necessary to protect the value or the Property and Under's sights in the Property. Lender's action, may include paying any sums secured by a lien which has priority over this Security Instrument, spraining in mutt, paying seasonable attorneys' fees and entering on the Properly to make repair,. Although Under may take action under this paragraph 7. Under does not have to do so. Any amounts disbursed by Under under this paragraph 7 shall become additional debt of Borrower secured by this Seeuriq Instrument. Union Borrower and Under agree to other hems, of payment, these amounts shall bear interest from the date of disbursement at the Note ram and shall be payable, with interest. upon notim from Under to Borrower requesting paymcn4 & Mortgage Insurance. If Under required mortgage insurance as a condition of making the loan secured by this Security Instrument, Bo mover shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Under lapses or ceases to be in effect. Burrower shell pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect. at a cost substantially equivalent to the met to Borrower of the mortgage insurance pl riouxly in effect, from an alternate mortgage imurer approved by Under. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Under each month a sum equal to one•twelRh of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in eRec4 Under will occupy we and retain theta payments as a low reserve in lieu of mortgage ;muranm. Loa marine payments may no longer be required, at the option of Under, if mortgage insurance coverage (in the amount and for the period that Under requires) provided by an insurer approved by Under again becomes available and is obtained. Borrower shall pay the premium required to maintain mortgage insurance in effect. or to provide a hen reserve, until the requirement far mortgage insurance ends in accordance with any written agreement between Borrower and Under, or applicable law. 9. Inspection. Under or its agent may make reasonable entries upon and inspcchians of the Property. Under shell give Borrower notice at the time of or prior to an inspection specifying reasonable sum for the inspection. 10. Cundemnatinn. The proceeds crony award of elaim for damages, direct or consequential, in connection nihh an, Single Family - Fannie MadFreddie brae UNIFORM INSTRUMENT - Uniform Covenants 9190 (page y of 6 Pagel C.rn amult- atinn or other taking of my past of the proper,(, or far coneyan bar paid to Lander. ca ;n lieu of mnJemnmion, are hercb) 3119"d and shall talkin sels-11, In 'he "Al Of 1 rise value o or Pro ee due?lwilth anfS<s<au pail horBnrrowetnln Ih< event of a partial to ch, sum taking of the Property shit S c the Lutrmaskm ..Core d value of the proper,( Instrument immediately be(ora the taking it equal to ar seater than the amount of the sums ecured by this Security ImWment Instrument im shall medi rely before the taking. unless Borrower and Lender otherwise agree in writing. the rums secured by this Secudy balance be reduced by the amount of the proceeds multiplied by the following fraction: (a) the hall rums balance immediately paail to Bbeforeortherower. taking. . divided by (b) the 10131 amount of the fair market value of the Property immediately before the taking. Any .m' shall em a partial taking of Iha PmPart/ in which the rail market slue of the property =ccdfataly iJ- s the eking is tau than the aoum of the sums secured immediately before the taking, unless Lender atherwisa agree in writing ar anleu appliwble saw otherwise provides , the proceeds shall by applied to the sums secured by ,his Security Instrument h Bnrrmrer and wathm or not the sums are then data, If the Property is abandoned by Borrower, or if, after Miles, by Lender ro Benterer Iliac the condemnor offers to make an award or settle a claim for damagr. Borrower fails to respond to Lender within 90 dap after the date the notice is given. Lender it authorized to vmll4cl and apply that proceeds, at its option, either to truncation of repair of the Property of to that sums secured by this Security Instrument, whether or not then duce. Unclear Lander and Borrower otherwise agree in writing, any application of proceeds to principal shall not Ascend or porup°ne the due data of the monthly payments Arrested to in paragraphs I and 2 or change the amount of such payments. It.. Bortmver Nut Released; Forbearance Icy Lander Not a %Veiver. P_xtemion of the time for payment or modification of amortization of the sums accused by this Secmi y Instrument gyant.d by Lender to any mccereor in fnterrt of Barswef shall not operate to release the liability of the original Borrower or 0...war, sAcceaon in Wereat. Lender shall not be required to commence prxeedfn a against any euececes, in inte,ea or refuse to extend time far payment or otherwise modify nmoniwtlan of the rums secured by Ihfs Security Imrumem by tensor, of any demand made by the original Borrower or Bartower's succemn or in or reme Any farbvuanec by Lander in uerci,ing any right or remedy shall not be a wager of or preclude the exercise of any right remedy. 12. Sucerann and Aufgni Bound; Joint and Smeral LLhfBy; Caefgnea Tbu covenamu and agreements of this Secoriy Instrument shall bind and benefit the successor, and auigm of Lender and Borrower, subject to the provisions of paragraph 17. Borrowers constants and agreement shall be joint and several, Any Borrower who ccI that Security instrument but does not recote the Note: (a) is roaigning this Secucily Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Securty Instrument, (b) is not personally obligated to pay the sums secured by this Security, fmtrumenl; and (e) agrees that Lander and any other flm,wer may agree to extend, modify, forbear or make any accommodations with regard to the letma of this Security instrument or the Note without that Barrwcis cement. 12. Loan Charger If the loan secured by this Security Imtrumcm is subject to a law which scu maximum loan charges, and that law is fruly interpreted m that ch. interest or other loan charges arrested or to be collected in connection with the Icon exceed the permitted limits, then: (a) any such loan clurge shall bar reduced by the amount necessity to reduce the charge to the permitted loser and (b) any sumo already collercd.hem Bonwer which exceeded permitted limits will he refunded to Borrower. Lender may choose co make this refund by reducing the principal owed under the Nate orb makin a direct rescuer principal, the reduction will bar treated as a partial prepayment without an g pageant to Borrower. If a refund U. Nolicn. Any nall= to Borrower provided for in this Secudy Instrument shaprctymeharge under the llpbe g veneby delhctiing it at by mailing it by 111,31 daa mail unlea appliwbia law require, cur of another method. The notico shall be directed to the Property Address at any other addrer Borrower designatea by notice to Lender. Any notice to Lander shall be given by first elms mail to Lender-3 address soled herein or any other addrem Lander designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed b have been given to Borrower Or Lender when given as prodded in this paragraph. 15. Coverning (raw: Sevenhil;l which the Pro erg This Security Instrument shall be governed by federal law and the hew of the jurisdiction tv in P 7 is Iawted. In the event that any provision or dace o af ( thi Ihia Security Irucrument or the Nee con0<ts wvilh •PPIiw61e law, ouch confiir shall oat affect ether pradsiam of tlJs Seeurfy Instrument or she Notes which an be given eRect without the confiiring provision. To Ihfs end the proWions of this Seeurfy Imurvmem and the Noce are decured to be sevehlff n IA. Borrrrw.er, Grpy, Borrower shall be given one eanformed copy of the Naue and of Ihia Seeuriq Instrument. 17. Tnmfer of the Poperty nr a Oenefidal lnl<rest in Bmm?.er. If all or an y pan o11ha Property ar any inmsesl in i ar Innsferted (or if a 6enefieial intarwt in Borrower is sold or Iram(ersed and Borrower is n°I a natural senor,) withor I Lan is sold der i prior written consent, gander teal, at its option, teyuimd immediate payment in full of all rums meured by thi, Security Insurvmen's However, Ihia option ,hall not be axAseued by LanJCr if etaseiso is prohibited by federal law m of the data a( Ihia security ImlrvmenL Than 7 d pe from hesJata by naiteemuedel mreJ oBmailedrwithin which Bonowet cowl p re?ll avunuoucy ed`"0d not less Imtrvmant. If Borrower fails tv pay Ihwe rums prior to the rpiralion of this period, Lender may inwkv any remedies permitted by Ihfs Secoriy Instrument wfllpat further notice or demand on Borrower. c, Ihfs Security in. Is er$ Rfghl In Runcule. If Borrower meet. certain conditions, Borrower shall have the right to have enforcement of Ihfs Security Imtmment discontinued at any time prior Io the earlier of.(a) S days (or such other period m applicable Inv may Single Family - Fannie Afne/Freddie Marc UNIFBRAf INSfRMfrNf - Uniform Covennamx 9,90 (page a of d pages) f- C.)-1 specify for reinstatement) before axle of Ina property 1 . tnt to any power of sale ca, mad in this Security Inst? t; as (b) entry of a pNgmtnt enforcing Ibis Saurity Instrument. rs conditions ate that Borrower: (a) pays Lander all aa. Nch than -would be due under this Security Instrument and the Note es if nn acceleration had occurred; (h) curet any default of any tither covenants or agre.lntals; (e) pays all Apcn.us incurred in enforcing this Security Instrument, including. but Got limited to, reasonable alluroeys' (ter, and (d) lake, such action as Lender may seasonably ragnirs to muse Ihal the lien of Ihia Security Instrument, Lender, rightt in the property and Borrower's obligation to PAY the aunt secured by this Security Instrument omit continue unchanged. Upon reinstatement by Botrowar, this Security Inarument and the obligations secured hereby shall remain At By affective as if no acceleration had occurred. However, this right to reinstate shall not apply in the cars of acceleration under paragraph 17, 19. Sale of Nate; Change of Lawn Sarvicer. The Note or a partial Internet to the Note (together with this Security Instrument) may be sold one or more limas without prior notice to Borrower. A sale may result in a change in the entity (known as the *Loan Sarvicei) that collect, monthly payments due under the Nate and this Security Iamumant. Them also may be one or mare changes of the Loan Servicar unrelated to a sal. of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph Id above and applicable law. The notice will state the name and address of the new Loan Services and the address to which payments should be made. The notice will alto contain may other information required by applicable law, 20. Huardnos Subatatlces. Borrower shall not cause or permit the presence, use, disposal, storage. at release of any Hazardous Substances on or in the Prnperty. Borrower shall not do, nor allow anyone Also to do, anything affecting the Property that is in violation of any Environmental Law. Th. prceeding two sentences shall not apply to the presence -It, or storage on the Property of small quantities of Hazardous Substances that are generally recognised to be appropriate to normal residential uses and to maintenance of the Property. Bomow r shall promptly give Lender written notice of any investigation, claim. demand, lawsuit or other action by any govesnmeatal or regulatory agency or private parry involving the Prnpeay and any Hazardous Substance or Environmental Luc of which Borrower hex actual knowledge. If Borrower learm, or is notified by any governmental or regulatory authority, that any removal or other ram.diation of any Hazardous Suhsunce affecting the Property i, necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, 'Hamrdaus Suhstances* are those mbsmneea defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable at toxic petroleum products, toxic pesticides and herbicides, volatile solvents, material, cuntaining asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20,'EnAronmental Law' means federal laws and laws at the jurisdiction where the Property is located that retire to health, safety or environmental protection. I NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration fatiuvring Borrower's breath of any covenant or agreement H this Security tmhum<nt (hut not prior to ac<eferattun under paragraph 17 ualess applicable lass proaides otherwise). The notice shall specify: (a) the defaull; (h) the avian required in cure the default; (c) a date, not less than 30 days from the dale the notice is given to Burrower. by which the default mint he cured; and (d) that failure to cure the default on or before the date specified in the notice moy result In amelemttan or the small secured by this Security Inururnen4 faredostrra by judicial proceeding and .ale of the Property. The notice shall further !reform Btirrawer of the right to rebutate utter atetieradon and the right to assert to the rorednxure proceeding the nonadseenee of a default or any other defense of Borrower to ameleradon and Meadows. If the default is nut cured on or hefore the dale specified to the notice, Lender at it, option may require immediate paymtnl in pull of all smM secured by this Semsrily Imuument wi0inut hirlher demand and may ferednee this Security Instrument by judicial proceeding. Lender shall he entitled to collect all expensnc incurred in purmting the remedies provided in this paraspaph 21, including, buy not limited to, attorneys' fees and cosy or tide evidence to the extent permitted by appBGble law. 21. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed Abel terminate and become void. After such occurrence. Lender shall discharge and mtisy, this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waiver. Borrower, to the extent permitted by applicable law, waives and relenses any error or defects to proceedings to enforce this Security Instrument, and hereby walv<a the benefit of any present or future Laws providing for stay of execution, extension of lima, exemption from attachment, levy and sale. and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 13 shall extend to one hour prior to the commencement of bidding at a sheriffs sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After ludwroml. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an adiaa of mortgage foreclosure shall be the rate payable from time to time under the Note. fr V1 rono J0.19 919n trees 5 of 6 pdcesl :7. Rider to this Security Instrument. If one n` a rider eta aaecoled by 0orrrwer and recnMed toga with this Seeunly Instrument, the covenants and agreements of seen such rid.o shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrumont as if the rider(j) were a part of this Security Intrument. (Check applicable boa(a)I QAdjustable Rate Rider 0 Condominium Rider Q 1-4 Family Rider Q Graduated Payment Rider Q Planned Unit Development Rider Q Biweekly Payment Rider LB.Iloon Rider Q Rate Improvement Rider Q Second Home Rider 001b r(s) Ispeeify) BY SIGNING I)ELOW. Burrower accepts and agree, to rho terms conuined in pog.a I through 4 of this Security Instrument and in any riderfs) executed by Borrower and recorded with h. COMMONWEALTH OF PENNSYLVANIA. 0A wri,.. I..-- (Seal) FREDERICK R. MOSES pd.e-.r l a-Aih. L an.; ae nc-i ,;. Isar CYNTHIA LOUISE MOSES ?a-•r County x a; On this, the ] 5 day of /v'V e- b 6'- I99f before me, CYNTHIA LOUISE MOSES the undersigned officer. perronally appeared FREDERICK R. MOSES and known to me (or satisfactorily proven) to he the persenS whose names are mWcribed to the within Insuument and ackmswledged that they esccvted the same for the purpose Ihetein co/ntt.ii?ned. IN WITNESS WHERFrsn the, r t h• t • d ffpal A. Notarial sal L/?/"`??- My Cammisienexpire= Davkf o.Nalar Pule HmmbuV. bury, Deuptan MY Commt:Lan Eagra J&non. . 31 71. , 1998 ...?.? avrvavwvr?tnsarv.:-: nte.low , CERTIFICATE OF RESIDENCE I, PAIGE A. BALDASSARRE do hereby certify that the coneet address of the within named lender u 100 Presidential'Boulevard North, Bala Wi e,7/yj?yPA 9004 mea my hand Ihia 29th day of November 1995(/`' J A G ran. AS Agent or Leader F.._C•fn• Fnem 3039 9190 (page 6 of 6 pages) r' ALL that -certain tract of land with the improv_ into thereon and 8 described, as 4 ratted, Cumberland i*County,?' Pthe ird ennsyl ania d 'of the Vou dad Borough. follows: .On' the••Snu''th'.--byi We4t' South .Street;, on the'West by property now or formerly'Bf>Jodeph•B•..r?hampaon'.a. heirs; on the North by property now'or- ' formerly, aof.,.Ai1.1'iem:•C.: Louden''s -heirs; on the East by property,now'ar?'lormerly:'of' Wi111em H.. Hooke and wife; having a Erontaga,••on. Wae"ti• South Street of 17 feet, more or less, and ex tonding at";tha b.width, 127 faat,.mora or lass, to the property of the Loud'eh' heirs in the rear; being improved with -the Western dwelling of•a•row of four 2-:1/2 story frame dwelling houses, with a double frame garage in the rear, being known as No. 123 'West South Street; the Eastern'. Line of a"" proper tY running through the division wall separating No, 123 West. South Street and No. 121 West South Street to the East thereof: TOGETHER with'the•right in the Grantees, their heirs and assigns, of inkress.to••and•'regreas from the Lot hereby conveyed 'over and upon. the N'br'th'ern -1.6 feet of 'the adjoining lots to the East thereof, being'•Noa. 117, 119; and 121 West South Street, to -the 10 foot aI•ley to'•thd East of Yo: 117 West 'South Street. BEING'•the same property•which* Hake L. Franciacus and Mary F. Francisco3i`Sy the'ir•dead dated May 25, 1963 and recorded in the Office of'- the , Recbrdar of Deeds' for' Cumberland County-in Deed Boak.'.'11% Volume 2O•,,;at,page,lO02, granted and conveyed unto Ward R. Moses and•Hargaiet M. Moses. Ward R.- Moses died on March 7, 1978 passing the property unto his wife, Margaret M. Moses, by action of the law. Margaret M. Mosea died on.September 25, 190a testate (leaving a will-).leaving the property to her son, Frederick R. Moses and appointing him the Executor of said Will. The Estate of Margaret M. Moses is the grantor herein. This, conveyance `i?e•batwoan the Mother's Estate to her son and heir and la therefore exempt from real estate taxes. .BCC PAGE a$8. 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 unswom falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to his information and belief. Q:w tRFD LRS WK;E OF Plf aNC.p..vF rr,r j _ Nov Z3 {I as PN '99 Sim 80-454 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY, plaintiff, VS. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZA",,E H. DICK, Defendants. TO DEFENDANTS You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY /(20)DAYS 1 F?.14 ERVICE HEREOF /K FO Y-- J vX ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: S9oi East Fowler Avenue Tampa, Florida 31617-2362 AND THE ADDRESS OF FREDERICK R.MOSES IS 117 White River Boulevard Hollister. MO 65672 and T E ADDRESS OF CYNTHIA LOUISE NOSES IS 12a Fairground Avenue Carlisle. PA 17013 and AND THE ADDRESS OF RONALD L. and SUZANNE H. DICK IS 123 West South Street Carlisle„ PA 17013 FTTORNEYS FOR PLn IlITIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN ISand Third Carlisle Borouah (WARD (CITY, ORO, TOWNS HI P1 ATTORNEYS FOR PLAINTI Fr CIVIL DIVISION NOAJ? -7110 TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE, FILED ON BEHALF OF IMC Mortgage COMPANY: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, Esquire Pa. I.D. #74950 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 Is Taft" whoreol, I hero unto set my hW and tV A04 r; 90.454 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i IMC MORTGAGE CIVIL DIVISION , COMPANY, NO.: Plaintiff, Vs. FREDERICK R. MOSES, C'_>17HIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. NOTICE TO DEFEND 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE CIVIL DIVISION COMPANY, NO.: Plaintiff, Vs. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. CIVIL ACT T ON - COMPLAINT IN MORTGAGE FORECLOSURE IMC Mortgage Company, Successor by Merger to Industry Mortgage Company, L. P., (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 33617-2362. 2. The Defendants are Frederick R. Moses who resides at 117 White River Boulevard, Hollister, MO 65672; Cynthia Louise Moses who resides at 428 Fairground Avenue, Carlisle, PA 17013; and Ronald L. Dick and Suzanne H. Dick who reside at 123 West South Street, Carlisle, PA 17013, respectfully. 3. On or about November 29, 1995, Defendants, Frederick R. Moses and Cynthia Louise Moses, borrowed the sum of $51,000.00 from the Public Savings Association pursuant to the terms of a written agreement, and as security for repayment thereof, Defendants, Frederick R. Moses and Cynthia Louise Moses, made, executed and delivered to Public Savings Association a Mortgage in the original principal amount of $51,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on January 4, 1996, in Mortgage Book Volume 1298, Page 504. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 4. Pursuant to a certain Assignment of Mortgage, Public Savings Association assigned the aforesaid Mortgage and Note to Plaintiff, which was recorded in the Office of the Recorder of Deeds on June 18, 1996 at Mortgage Book Volume 522, Page 827. 5. Defendants, Ronald L. Dick and Suzanne H. Dick, are the record and real owners of the aforesaid mortgaged premises. 6. Defendants, Frederick R. Moses and Cynthia Louise Moses, are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants, Frederick R. Moses and Cynthia Louise Moses, are due for the November, 1996 payment. 7. On or about October 21, 1998, Defendants, Frederick R. Moses and Cynthia Louise Moses 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. 8. On or about October 21, 1998, Defendants, Frederick R. Moses and Cynthia Louise Moses, were mailed Notices of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq. 9. The amount due and owing Plaintiff by Frederick R. Moses and Cynthia Louise Moses is as follows: Principal $ 50,797.94 Interest (to 9/14/98) $ 10,566.76 Late Charges (to 9/14/98) $ 284.52 Attorneys, Fees $ 900.00 Title Search, Foreclosure and Execution Costs 2,j00.00 TOTAL $ 65,049.22 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $65,049.22 with interest thereon at the rate of $14.89 per diem from September 14, 1998, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. IIII?I I r BY: '?J?%? Kimberly J'. Hong, 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. C EXHIBIT "A" C' . F--,- Irlud 12 WHEN RECORDED MAIL TO FRANKLIN SETTLEMENT SERVICES, INC 100 Presidential Boulevard North Bala Cynwyd, PA 19004 Loan Number : 300454 ) 'C (SPACE ABOVE THIS LDM FOR RECOROINO OATAI MORTGAGE TM'; A(ORTOACE (' Security Instrument') is given on November 29, 1995 The mortgagor is FREDERICK R. MOSES and CYNTHIA LOUISE MOSES CB01tower7• This Security Instrument is give. to Public Savings which is organized and udning under the lawns of PENNSYLVANIA Association 100 Presidential Boulevard North, Bala Cynwyd, PA 19004 ' cad whose address is FIFTY-ONE THOUSAND DOLLARS AND 00/100 (Laodor'). Borrower owes Leader the principal tum of Dollars (U.S.S 51, 000.00 ). This debt is evidenced by Barrower's note dated the same date as this Security Instrument (Nato ), which provides fat monthly payments, with the full debt, if not paid earlier, due and payshla on December 4, 2010 . This Security Instrument secures to Lender: (a) the repayment of the debt svidencad by the Nule, with inlerem, and all ranewab, selections sad madifintiom of the Note; (b) the payment of all alhet soma, with interest. Advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreement under this Security Instrument and the Nate. For this purpose. Borrower does hetehy mortgage, grant and convey to Leader the fallowing described property located in CUMBERLAND County, Peaorylvania: ALL THAT CERTAIN REAL PROPERTY AS MORE PARTICULARLY DESCRIBED ON EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF ieh has the adds., of 123 W. SOUTH STREET Isueet] sosylvao]a 17013 ('Property Addreaf); (Zip Code( CARLISLE last] NNSYLVAN)A •r,de P,mhp Fannie Mue)Freddic Mac UNMORAt IN.SIRUNM.NT F-e 3039 eta (I., let a p,tesl YIV? ITEMIOSO(glll) C . bA'1 i. i; i 1 l fill TOGETHER as 00- o WITH all the imprav<nsant now of hema0er ... eteJ on the pmpens: and ' All be fa ow or h liar a n( r goinC ing is referred to of to Ch all easement'. appunemnees. and All e property. All replaenoent and aJditium (hall r" he covered red by this Seuunty Imlrument. this Security l aarumeal it the 'Pruperty.' defend BORROWER Properly and COVENANTS Ch. that Propborrower is lawfully mired of the mate herehy conveyed and has the right to grant And defend gva eerally the fill, to he Property property againstuneneumbered, except for encumhrancm III claims and demands, subject Id any ena(cumbn record. Borrower waranls and will THIS SECURITY INSTRUMENT co eariatcoal b mbines uni(arm covenants for nel use and near o record. Y jurisdiction to constitute a urJfarm security imlrvmal eovedog real pr properly. noa•uniform covenants with limited UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows; I- Payment of Principal and Interest.. Note menl and Late Charges, Bortower shall aY when duo The principal Of and interest an the debt bs evidenced by by ch the Note and any prepaym P 2• Funds for Lender on the day moolhl Taxes and Promptly ent rod late charges duo grid,, the Note. Luu,ya<a- Subject to applicable law or to a written waiver by Lender, Bor and aneaemeala whichtAmxy alt na PriJ are due ority over thin t Security Note' or ground sees an e Prop erly, if a n , c ) ( rower ) ehayearly pay to Iuntil the nstrument Nola 'a Paid 'a ro aas 4 beo um (bFuedi (or. a luea remiu the Prot (e) yearly mortgage insurance premiums? if fly ao and r Property insurance on me; Pd) Y O yearly leasehold payment in,A Y (I) any sums Payable by Borrower IoaLeoderdie accfence ordance premiums. the proviauoa of paragraph d, is Geu of the Payment of morn, insurance items are called 'Escrew Lender may, as any lime, collect and hold Funds in An amount not to exceed premitheums. heel 1974 as amanded from maximum These related m Imo mayrequire for Borrower', act" account under the (aderxl Real Balale o n a le amount • leader for a fedanUy, 197, aode time to lima, lunar amount. If so, Le 12 V.S.C. § 2601 at seq. CRESPA'), union another law Procedures Act of Selement fingers t ha amount of odor may, at any time, collect and hold Funds in an a That applies to the s a Funds due an the basis of curre mount not to exceed the res amount. Fund's t or otharwiae in accordance dl data and reuanable enim:nee o( expeaditu les o er foture Leader may with applicable hw. Eutaw heems The Funds eras be held is an institution whose deposit are i nsured by a fedeal agency, instrumentality Lender, if .,maa is such an innitution) or in any Federal Home Loan Bank Leml or entity (including at shnU apply the Foods to pay the escrow Howevever, L uGry, the eI erLowendd enderemr,y unl not charge Borrower for hulling and applying the Funds, aaoali Analyzing the escrow '. account, or verifying Loader in ua L ender pare Borrower intrest on the Funds and aPpGeibl, law Permits Leader to make o • charge. Lender may require Borrow« to pay a onetime ,, he Fu for an independent sal mire t eocull"ina with Ihif loan, until' applicable taw prax otherwise. Unless an agreement is made or a requires intermt to be pail. Lender shall not by required to pay Bs other an ax spatting service red by Lender may ageea in pP4cabie law wnlmg, however, that interest shall be paid on the Fuoda. Lender shor ca,,icgs on all give to Borrower the Funds. s wirhout charge, go annual Th. Funds of the Foods showing credit, and Permitted to the Funds and the purpose for which each deb made. The are pledged as Additioed security for all fume ,cured by this Security encasement. 'ha excess Fu it to the Funds was If the FFuna sold by Lender exceed the amnunts to he held h y nds I act rvfficient to io accardanea with the requirements of a y 'Pliable law, Lender shall account to Bortower for Pay ch. Exmow It ' ems when due, DPGeable law. If Ch' amnnnl of the Funds held by by Lender at any lime aY co Lender the mount oeeena Lender may so notify Borrower in rvriting, and, in such case Payments, at Le ry to make up the deficiency. Borrower shall make up the defiei<ne Borrower shall tont hly odes i solo discretion y in no mare than twelve Upon Paymen[ I. full atoll sums secured by this Security fm0ument. Lender slmll promptly refund to Borrower any Funds Aid by Lender. if, under paragraph 21. Lender shall acquire or all the Property rupsreg shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this eeurity Ieutrumant. Leud<r. prior to the acquisition ar sale of Ise J. Appiieatenn of Payments. Uniue applicable law provides olherwiee. xll Payments Id 2 shall be IPPGad; first. to any Prea ird, to burn t due; fourth, to principal duee;a nent Chare due under the Note; d Bat, sosaoy late chaq« due undreceived Lender under d Iheto amouo4 Payable under pe agraph l rich ' Crar):,in (Jens. Borrower .dolt pay ell any charge.,. fines and mote. am auribuable to the Property rich may attain pri r t rio Security Instrument m,, and umnmcnbleasehold Payment or greed rent, if nny. Borrower shalt par Then `rzon os is the omanrintyeroveProvided in paragraph 3. or )( not paid in 11111 manner. Bnrrnw rtroever makes these ey to the Ba«onrtawedowar ,hall promptly payment. Burrower s discharge hall any Gepromptly which furnish to Lender as notice, of amou r nts to shall by paid paaa td them under on er this time Paragraph. directly Paragraph. If Payments directly, Borrower shall promptly furnish to Lender receipts to be p the a has icing le the Payment of the ohGgation secure) by the as, is Priority this inst a manner Acceptable lu Lender, (b) contexts Pn good ( (a) e site's in de(eods a..cart enfarcamem of the lie n iv. legal p or a) the sea rumact unless er's opidon opera v o nreemenl of the lien; or (e) secures from Iha h oller o fthe Gen an agreement sa ti ocecJiogs overwhichSecurityin the Lend 'an Ma Cn s Saeurity Inatsvmcnl. If Lender Jetrmina tlut an Prevent the sia<tnry to Lander mhordinndng the Gm ro to of the ad or ae[ forth shave within IO Jaya e no Priority over r Security lostrvmvnt, Lie der may give Borrower a ttiee ingiIII Property All t orrawerehan which they Gel or take one or 'S• ffavr or Prop<rry °o< g)e ol dend natice. the lien. B wed apian loan M1 . Bortower s ofhaltth keep tha improvement aow caning or her caller erected on the Property sdio , for w Y fire, hars included within the term 'Mended coverage' and say other If rds, including ? a An a or g beer Lender requirees i nsurance. This insurance sbaU be maintained in to amounts and !or the periods that oJe Lender t.-t C . n corm 3031) 9190 (Pace 2 „( 6 pain) requises. The immt.nee carrier Providing tins m'uranm shall be 1111111 by 00,10.1 object to lender, approval which shell not be unvasaeably wilhheld. If Bormwer bib In maintain eosmge desaihed above. Lender may, at Lender's option, obtam emecage ro Protect Lender, rights in the Property in accordance with Paragraph 7. All insurance policies and renewab shall be acmPlIl le to fender and shall include a standard mortgage clause. Lender shall Ch... the right to hold Iha palieiea and renews L?. It Lender rcyuires, Borrower shall Promptly Siva Ica Lender all receipts of paid Premiums and renewal notices. In the event of tom. Bnrrowcr shall give Prompt nolim to the insurance carrier and Lender, larder maIf make Proof of loss if not made promptly by Barlower. U, desmaLangad, der if and Borrower Propeh, otherwise ape' in w'ding, ;mulmce Proceeds shall be applied In restoration or repair of the • J the 'escalation or repair is economically feasible and Lenders security is not lessened. If the ramouation or repair is nct economically feasible ar Lender's security "old be lenened, the imurance Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any facer paid Ica Borrower. If Borrower abandons the Property, or doc, not amwer within 30 days a notice hnm Lender that the insurance carrier liar offered to settle a claim, than Lender may amlect the insurance proceeds. Lender may ova the proceeds to repair or falcons the property or to pay turns secured by this Security Imlrumeat, whether or oat then due, The 30-day period will begin when the notice is given, Unless Under and Borrower otheniho agree in writing, any application of proceeds to principal shall not extend or postpone Iha due data of the monthly payments 1e1e0cd to in paragraphs I and 2 at change thu amount of the payments. If under patagraph 21 the Properly h acquited by Lender, Barrowar i right to any Insurance policies and proceeds resulting from damage to the Properly prior to the acquisition shall pan to lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Presemtian, Maintenance and Protection of We Property; Bnmmver's Loan Application; Lesseholds. Borrower shall occupy, establish, and sae the Property as Borrowers principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the property as Bonower's principal residence for at least one year after the data of occupancy, unless lender otherwis' agrees in writing, which cogent (hall not be unseasonably withheld, or unless extenuating circumstances exist which era beyond Bortawer, control. Borrower shall not dettmy, damage at impair the Property, allow the Property to deteriorans, or commit waste on the Property. Borrower shall be in default if any forfeiture action or psaceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or oche raise materially impair the lien created by this Security Instrument or Lender, security interest. Borrower may cure such a default and minsuta, as provided in paragraph 18, by awing the action or proceeding to be dismissed with a ruling that, in lender, good faith determination, precludes forfeiture of the Borrower's interest in the Property a' other material impairment of the lien created by this Security instrument or Lende.-s security imerest. Borrower shall tiro be in default if Borrower, during the loan application process. gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Nate, including, but not limited to. mpresantstian, concerning Bamower, occupancy of the Property as a principal residenm. If this Security Instrument is on a leasehold. Bormwer shall comply with all the Provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lander agrees to the merger in writing, 7. Prolection of Lendees Rights in the Property, If Borsaveer fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender, rights in the Property (such as a proceeding in bankruptcy. probate, for condemnation or forfeiture or to enforce laws or regu sliansl, then Lender may do and pay for whatever is necemary to protect the value of the property and Lender, rights in the Property. Lender's actions may include Paying any sums secured by a lien which has priority ewer this Security instrument. apparing in cowl paying reasonable allameyi fees and entering an the Property tu make repots. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall became additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other term, of payment, them amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with imeresc. upon notice from Lender to Bormwer requesting Payment. 8. hlnntage [assistance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the motgaga insurance in effeet. IL for any reason, the mortgage insurance covorage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in street, at a cast substantially equivalent to the cast to Borrower of the mortgage imurance previously in effect. from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance covemge is not available, Borrower shall pay to Lender each month a sum equal to cane-twelfth of the yearly mortgage imutance premium being paid by Borrower when the imumnce coverage lapsed or raised to be in effect. Lender will accept, use and retain these payments as a tons crave in lieu of montage insurance. Lass reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect. or to provide a Inv reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law, 9. Inspection. Lander or its agent may make reasonable entries upon and impactions of the Property. Lander shall give Borrower notice at the time of or prior to an inspection specifying rcasomhle cause for the impaction. CO. Condemnation. The proceeds of any award of claim for damage,, direct or consequential, in connection with anv Single Family - Fannie fular Freddie Max: UNIFORM INSTRUMENT - Uniform Covenants 9190 (page J it( 6 paged C.? L r a. coldamnatinn or other taking of any pan of the property, or far conveyance in lieu or condemnation, arc hereby aalgned and shall bar paid to under. In the event of a total taking of the Prnpcry, the plotted, droll be appl;ed to no sums secured by this Security Instrument, whether or not then due, with any excess paid to Bnrmwee. In file avant of a partial liking of the Property in which the fair market value of the Property immediately before the taking is equal to at greater than the amount of the sums secured by this Security Instrument immediately before the taking. unless Borrower and Lender athetwise agree in writing, the sum, secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately hefara the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking or Iha Property in which the fair market value of the property immediately before the taking is lea than the amount of the sum, secured immediately before the taking, unless Borrower and Lender otherwise agree in writing of unless applicable law otherwise pmvides, the proceeds shall be applied to the sums secured by this Scewiy Institutions whether or not The sums arc then due. If the Property is abandnned by Borrower, or if after notice by Lender to Borrower that the condemnor offer, to make an award at (cilia a claim for damages. Swerve, (site to respond to Lender within 30 dap after the date the notice is given, Lender is authanaed to oolleet and apply Ihu proceeds, at its option, either to tasrontian at repair of the Property at to the sums secured by this Security fmtrument, whether or not then due, Unless (ender and Barrower otherwise agree in writing, any application of proceeds to principal shrill not extend or postpone the due data of the monthly payments eyartcel to in paragraphs 1 and y or change the amount of such payments. It. Barringer Nut Released; Fnrbeannce try Lender Not a Waiver. Extension of the time for payment or modih=lion of amaniar;an of the sums secured by this Securiy Instrument granted by Lender to any sucoeasor in interest of Borrower shall not operate to release the liability of the original Borrower or Barrm•eh suceeaor, in intetem. Lender shall not be required to mmmenn proceedings against any succetser in interest or scrota to extend time far payment or otherwise modify amartiation of the sums secured by this Security Inarumeni by reason or any demand made by the miginal Borrower or Boamwer's sueeeaore in interest. Any fatbearancsa by Lender in exercising any eight at remedy shall not be a waiver of or preclude the exercise of any right of remedy. li Successnss and Ast;gns Bound; Joint and Several Liability; Cosigners. Tha covenants and agreements of this security Instrument their bind and benefit the su==,, and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrowers covenant, and agreements shall be joint and several. Any Borrower who eo•vilns this Security Instrument but does not execute the Nate: (a) is eoeigning this Security Imnmment only to mortgage, grant and convey that Borrmmr's interest in the Property under the terms of this Security Instumenr (b) is not personally obligated to pay the sums secured by this Security Instrument, and (e) agrees that (ender and any other Boaewer may agree to extend, meadify, forbcar or make any accommodations with regard to the terms of this Security instrument or the Note without that Boreawcrs consent. 10. Lan Charges If the loan secuted by this Security Iruttumeni is subject to a law which sets maximum loan chain, and that law is finally, interpreted m that the inlereat or other loan charges collected or to be collected in connection with the loan exceed the permitted limits. then: (a) any such loan charge shall be reduced by the amount neccwp to reduce the charge to the permitted limit: and (b) any sum, already cedicemd.fmm Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be totaled u a partial prepayment without any prepayment charge under the Nate. la. Nolicet. Any notice to Harrower provided for in this Security trimming shall be given by delivering it or by mailing it by trial dare mail unless applicable law requires eau of another method. The notice shall be directed to the property All of any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by frnt class mail to lenders address stated herself, or any other address Lender designate, by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. IS. Governing L-1. Selecahil;(r, Title Security Intrument shall be governed by fedural law and the law or the jurisdiction in which the Property is trisected. In the event that any provision or dauve of lbs Secueity Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Nom which an be given effect without the conflicting provision. To this end the provisions of this Security Instrvment and the Note are declared to be seveable. Ifs. Bomawer's Copy. Borrower shall be given one conformed copy of the Note and or this Seurity instrument. 17. Transfer of the Property Of a Beneficial Interest In Bonmimen If all or any pan of the property or any interest in it is told of transferred (or if a beneficial inter=t in Borrower's sold at transferred and Borr wc, is not a natural Perrier) without Lenders prior written consent. Lender may, at its option, requited immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if e,etcisa te prohibited by federal low as of the date of this Security Instrvment If Lender exercises this option, lender shall give Borrower moll= of acceleration. The notice shall provide a period of not lea than 30 dap from the date the notice b delivered or mailed within which Borrower most pay all sums se=wd by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted be this Security Instrument without further mti= or demand an Borrower. to. Burrowers Right In Rei"U" If Borrower meets certain conditions. Borrower shall have The right to have a trureervent of this Security Instrument discontinued at any time prior to the earlier ofla) S days (or such oChat period as applicable law may Single Family - Fannie hlae?reddie Mac UNIFORM INS RLMIRNf - Unifoem Covenants 9190 (page a of d rageal /5:- C.ri specify for reinstatement) before ale of tilt propertyf' .ill to any power of rill. w, ?meJ in this Security on( r or (h) entry of a prdgment enforcing this Security Instrument a conditions ere that Barmwar: (a) pap Lender all lilt meh than would be due under this Security Ianrument and the Nna sa if no ncceleratinn had occurred; (b) eursa any default or any other covenant, or agrt.menlr. (e) pays all exponua inenrred in enforcing this Security Instrument Including. but not limited to. reasonable attorneys' fear, and (d) takes such actinic as Lender may reasonably ragoire to assure that the lien of this Security Instrument Lander', rights in Iha property and Borrower's ahliga0on to pny the non' secured by this Security Instrument shall continua unchanged. Upon reinstatement by Borrower, this Security Instrument and ilia ohlieatimts "Cured hereby shall momin fully effective as if no acceleration had acaurred. However, this right to reinstate shall not apply in the au of acceleration under paragraph 17. 17. Sale of Nate; Change of Lam Services. The Note at m partial interest to the Note (together with this Security Instrument) may be gold one or more times without prior notice to Borrower. A ale may result in a change in the aallly (knnwn as the'LOan Serrfeer') that collects monthly payments due under the Nate and this Security laorument. Thera also may be one or more chances of tba Loan Senieer unrelated to a ale of the Nola. If that, is a change of the Loan Sersicar, Borrower will be given written notice of the change in accordance will' paragraph 14 shave and applicable law. The notice will State the name and address of the new Loan Services and the address to which payments should be made. The notice will also contain any other information required by Applicable law. 20. Hatardntn Suhslmrees. Borrower shxII not cause or permit the presence, use. disposal, storage. or release of any Hazardous Substances on or in the Prnpaty. Borrower shall not do, nor allow anyone alga to do. anything affecting the Property that is in violation of any Envirmemial hw. The preceding two sentence, ,hall net apply to the presence. use. or nomga on the Property of small quantities of Hatardoa,-I Substances that are generally recognised to be appropriate to normal residential visa and to maintenance of the Property. Bareowat shall promptly give Lender written notice of any invenigntion, claim. demand. IAwsuit at other action by any governmental or regulatory agency or private party involving the properly mad any Haevdous Substance or Environmental Law of which Borrower has news[ knowledge. If Borrower tears, or is notified by any governmental or regulatory authority, that any removal at other Immolation of any Hassrdous Substance affecting the property is necessary, Borrower shall promptly take all necmary remedial actions in accordance with Environmental Law. As used in this paragraph 20, 'Haacdous Suh ancea' are those substances defined As toxic or hAwrdaus suhsances by Enviroamental hw and the fallowing substaneez gasoline, kerosene, other OurmnAhle or toxic petroleum products, toxic pesticide, and herbicides, volatile solvents, material, containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20.'Endranm smal Law' means federal taws and law, of the jurisdiction where the Properly is located that fcWe to health, anfaty or environmental rentection. I NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree Ass follows: 21. Aceelentiont Remedies. Lender shall give notice to Borrower prior to amclernaon, fa0ossing Bortawres breach of oily Several or agreement in this Security instrument (hut not prior to acceleration under paragraph 17 unless applicable tan provides etherstite). The notice shall apecifH (a) the default; (b) the action required to cure the default; (c) a date, not lea short BO days from the date the notice is given to Goff Once. by uhtch the default must he cured; and (d) that failure to cure the default an or before the data spec'Med in 0'e notice may result in acceleration of the sums secured by this Security Instrument foredosure by udreial proceeding and sole or the I'rnperty. The notice had further inronn Goal of the right to reinstate once acettention and the right to assets in die farednn're proceeding the nonexistence of a default or any other defense of Bnrrasver to mselendon and foreclosure. If the defaull (c net cured an or hefore the date specified in the notice. Lender at its option may require tmmtdialt payment In trod of all nuns secured by this Security tromsment vithnut further demand and may foreclose this Security instrument by judicial prneeedtng. Lender shad he entitled to collect ad expenses incurred in pmm'ing the remedies provided in this por graph 21, including, buy not limited to, nltome)s' fee 'tad toss of title evidence to the extent permitted by appl'tnhle law. 22. Releme. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed ,ball terminate and became void. Ant, such "entrance. Lender shall discharge and satisfy this Security Instrument without charge to Barrower. Borrower shall pay any recordation toss. 23. Walser. Borrower. to the extent permitted by applicable law, waives and relents any error or defects in procetdings to enforce this Security Instrument and hereby waives the benefit of any present or future Laws providing for stray of execution. eatemaion of time. exemption from attachment, levy and ale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs ale pursuant to this security instrument. 25. Purchase Monty Mortgage. if any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mongage. 26. Interest Role After Judgnenl. Borrower agrees that the interest rate payable net a judgment is entered on the Note or to am action of mortgage foreclosure shall he the rate payabla from time to time under the Nate. zg"C ?, ronn 311.19 9170 (pagy $ -If d pacts nwnnNAll?lff01 r? 7 4 !f ?i 1 37. Rider in thtc Seaulty rmtnrmtm. If one n(- 1r Security Instrument, the covenants and agreement e lldefs an ebrntul Irv Oorrmvv and recnMUl to •\ s of -ACA such rider shall be incorporated into and 'hall Arnold u w+l this heeob tnanb and gnemena or this Security Instrument as if the rider(,) were a poll of this Security Imlrumant. and supplement (Chock Applicable blo(at)( ? Adjustable Rata Rider ? Graduated Payment Rider Balloon Rider ?Other(s) (,p.eiy( ? Condominium Rider ? Planned Unit Development Rider ? Rata Improvement Rider ? 14 Family Rider ? Biweekly Payment Rider Q Second Home Rider BY SIGNING BELOW, Burrower aM.pu and ,gran to that term, mnuincd in pugs, I through A u( this Se<uriy in any rid.,(.,) eaeeuted by eanower and recorded with it. Instrument anJ wit...- - %lrC ?( .?••?- (Seal) FREDERICH R. MOSES e=•.v... anal.;LOUILo-t 'h, P'IC"1.L?`• tse'n CYNT IA SE MOSES t>e,.,.., (S:al) Bv.w.. (Seal) Bvm.or COMMONWEALTH OF PENNSYLVANIA. Oxi •v 4..• P t:oamy r,: On this, the ) CI 11 day of /t/o ??_ S v /99r before me, CYNTHIA LOUISE MOSES the undenigned afr.cer, permnally appeated FREDERICK R. MOSES and to to the persons whmv names are known to me (or ati,factodly proven) chat sub'aribed la the within Instrument and acknowledged they eceeuted the same for the Purpnsc therein co...iined. IN WITNESS wHEREnn r__ h t cial Natarlal Seal My Cammiaian espirer. Oaad B. FJtdar., Notar Pub6e Ham bury, D.Woun L<curt, L Comm m" wes Jan.]t, 1998 CERTIFICATE OF RESIDENCE I. PAIGE A. BALDASSARRE Th4 er do hereby oeaify that the eoaeet addren of the within named lender u 100 Presidential 'Boulevard North, Bala n yPA 9004 Witoen my hand thi, 29th day of November 1995 j A G n" ASS Agent of Lender C n Form 3039'111/0 (page 6 of 6 page,) ALL that •car6sin tract of land with the Erected, aituate -in .the Third Ward 'of the Cumberland 'County, ' Pennsylvania, bounded follows: r' improv. ante thereon Borough. of Carlisle,, .and dascribad, as .on'the•'Sou'tM'i:byrWe?t`.South.Street;.on the'West by property now or formerly=cf •Jcdeph 8•.,.-Thompeort'.a heirs; on the-North by property now or•'formerly,,:;of.£1'1'iam :C. Louden''s .heirs; on the East by prarty•nov';a`formarly:'of William H.•Hooke and wife; having a frapontage,•.an. 'Wat'i't;. South Street of 17 feet, more or less, and ext0nding at'-that--width, 127 feet,.mora or lass, to the property of the Loud'eh':+he'ire in the rear; be£'ng improved with 'the Western dwelling w: i of four 2-:1/2 story frame dwelling houses, with a double frame garage in the rear, being known as No. 123 *West South Street; the Eastern'. Line of said property running through the division wall separating No. 123 Weat.South Street and No. 121 West South Street to the East thereof: TOGETHER with'the'right-in the Grantees, their heirs and assigns, of inkress. to"and•'regreas from the lot hereby conveyed *over and upon. the N'br'th'ern :16 feet of 'the' adjoining lots to the East thereof, being .Nos. 117, 119; and 121 West South Street, to-the 10 foot aTle:Y to°the East of No: 117 West'South Strae[. BEING'- ehs s•ame•• property • which' Hoke L, Franeiseus and Mary F. Fcanciacusi*•Dy their•dead dated May 25, 1963 and recorded in the Office of'--tha.$ecorder of Deeds' for'Cumbarland County'in Deed Book.'.',N", Volume 20•,,at..pag&,l002, granted and convoyed unto Ward R. Moses end•Margeret H. Hosea. Ward R.-Moses died on March 7, 1978 :'passing the property unto his wife, Margaret M. Moses, by action of the law. Margaret M. Massa died on.September 25, 1988 testate (leaving a will-).leaving the property to her son, Frederick R. Moses and appointing him the Exetutor of said Will. The Estate of Margaret M. Moses is the grantor herein. This. conveyance Ti' batwoan the Mother's Estate to her son and hair and is therefore exempt from reel estate taxes. :d00 r34 PAGE 8. 4. ?T .?,e? 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 unswom falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to his information and belief. AiD @i'F ,- 'RIFF Nov z3 05 pN99 PIR E AHtA `4 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY Plaintiff, vs. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK and SUZANNE H. DICK Defendants. CIVIL DIVISION NO.: 99-7110 CIVIL 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 ) Plaintiff, ) vs. ) FREDERICK R. MOSES, ) CYNTHIA LOUISE MOSES, ) RONALD L. DICK and ) SUZANNE H. DICK ) Defendants. NO.: 99-7110-CIVIL 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 September 6, 2000 as follows: Ronald L. Dick and Suzanne H. Dick are the owners ofthe real property and have not entered an appearance of record. 2. On February 9, 2000, this court entered an order authorizing Plaintiff to serve Defendants by posting the property and serving the Defendants by certified mail return receipt requested and first class mail to addresses set forth in the Order and by 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 June 14, 2000 the undersigned counsel served Defendant, Frederick R. Moses, 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 117 White River Blvd., Hollister, MO 65672 and 123 W. South Street, Carlisle, PA 17013. A true and correct copy of the U.S. Postal Service form 3800, Article Numbers 7099 3400 0010 4166 6682 and 7099 3400 0010 4166 6699, 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. Pursuant to the Order and Pa R.C.P. 3129.2 (C) on June 14, 2000 the undersigned counsel served Defendant, Cynthia Louise Moses, 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 428 Fairground Avenue, Carlisle, PA 17013, 134 N. Hanover Street, Apt. 4, Carlisle, PA 17013 and 123 W. South Street, Carlisle, PA 17013. A true and correct copy ofthe U.S. Postal Service form 3800, Article Numbers 7099 3400 0010 4166 6668, 7099 3400 0010 6644 and 7099 3400 0010 4166 6675, and the Certificates of Mailing, evidencing service by certified mail and first class mail on the identified Defendant, are marked Exhibit "C", attached hereto and made a part hereof. 5. Pursuant to the Order and Pa R.C.P. 3129.2 (C) on June 14, 2000 the undersigned counsel served Defendant, Suzanne A. Dick, 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 2140 Waggoners Gap Road, Carlisle, PA 17013 and 123 W. South Street, Carlisle, PA 17013. A true and correct copy of the U.S. Postal Service form 3800, Article Numbers 7099 3400 0010 4166 6583 and 7099 3400 0010 4166 6590, and the Certificates of Mailing, evidencing service by certified mail and first class mail on the identified Defendant, are marked Exhibit "D", attached hereto and made a part hereof. 6. Pursuant to the Order and Pa R.C.P. 3129.2 (C) on June 14, 2000 the undersigned counsel served Defendant, Ronald L. Dick, 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 2140 Waggoners Gap Road, Carlisle, PA 17013 and 123 W. South Street, Carlisle, PA 17013. A true and correct copy of the U.S. Postal Service form 3800, Article Numbers 7099 3400 0010 4166 6606 and 7099 3400 0010 4166 6637, and the Certificates of Mailing, evidencing service by certified mail and first class mail on the identified Defendant, are marked Exhibit "E", attached hereto and made a part hereof. On July 11, 2000, Sheriff's Office posted the property. 8. On June 30, 2000, the Notice of Sheriffs Sale was published in the Cumberland Law Journal and on June 28, 2000, the Notice of Sheriffs Sale was published in the Valley Times-Star. The proofs of publication for these are marked Exhibit "F", 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. GRREENEN & BIBS Q, P.C. / BY: ??GC? e ?iLCrs? v Kristine M. Faust, Esquire Attorneys for Plaintiff Nine West, One Gateway Center Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THI 'ODAY OF 2000. Notary Public N fade PaMda„.: se •kiaryPublb Plll86ar(, Ilegh)17y Cennty MYCanmfs -&z.Z s hme2.2. Nwft'Fbf*imlotiMMVMtMlofIdote - EXHIBIT`A' IMC MORTGAGE IN THE COURT OF COMMON PLEAS OF COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK and SUZANNE H. DICK, Defendants CIVIL ACTION-LAW NO. 99-7110 CIVIL TERM ORDER OF COURT AND NOW, this J? day of February, 2000, upon consideration of Plaintiffs Motion for Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that service of the romplaint may be made by posting the property' located ..at 123 West South Street, Carlisle, Cumberland County, Pennsylvania, with a copy of the complaint, by certified and regular first class mail to each Defendant at 123 West South Street, Carlisle, PA 17013, to Frederick R. Moses at 117 White River Blvd., Hollister, MO 65672, to Cynthia Louise Moses at 428 Fairground Ave., Carlisle, PA 17013, and at 134 N. Hanover St., Apt. 4, Carlisle, PA 17013, and to Ronald L. Dick and Suzanne A. Dick tit 2140 Waggoners Gap Rd., Carlisle, PA 17013, and by publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County. t. t BY THE COURT, EXHIBIT `B' CI 'J V ' a nr o' a o nap"1 . _.... __...?.. . . 00z zz m o LL e «i? C. 0 C4 W V 63 N ? r O C Q r Q V LO r '? \ ? U LL z WS ve a ? _? ~ Z" m 3 ? • ° W Z 2 d \ m .?4 \ U QO u CM Q y q .. y Wm ) (' d C .tIO? T.e L YG '/' . u oa e .. (10 4 .. ? ` O N 2 a V ?` I- mm. wW ° •? c a mj J } SQ r6 u ¢ O n°c aa e as .. ._ n y `o . • L,.E .'E A?PJI""a? u e J a s LL f w f F i o cs a N ? J? y i/ Q U Z V T `? •` F w w zN CO Co Ge ' j ° •v W i? $ X6 ? 1 cm - U ao c a e- a o. m a ?z E U > p a p - ' 1• / c ? ,us c_ ? - . -3 E o. t- W¢p j . u w o a m0 ? <0 ?n 6 p m m z E ti a m m n m E m a I -0 EDO, IT, post,.! S 'r CM?li?vq Fea 0 Rtl1Um RKM01 I" IEnrlerfelnenl Pequaeol C O _ m O a ve n do I p m, IEnoore.mant p apa real , O O Total Postage 6 Fees 'j T m Name lP0.ase Pnnr c'ad..y? r< P' : SM"t. API-No. C,PO OW V O M1 ......... ......._. GIY. Sfala. dP.e .$ ru . ..0 Postage A S eMiF.ae Fee I C] Return Repeot Fee e9 'rr (Enoenement Repuaeol C Re.mCt.o 0.41.1, Fee IEnoonement RKUneC1 ,.,?. C C Im Toul PoSbq.&F.u s 1 T - -- m Name IPbas. Ponr c'eon" It. eo Sheet, FOr. Na...... 03o..... . -1 M1 G.'1,. Sra%:IP:a/l f v ! .-1 oY Ponmah Hale -1q CC PosmaA Here ,CiQS 6?1?-Du EXHIBIT `C' PS Form 3817• Mar. 1989 U s. POSTAL SERVICE CERTIFICATE OF MAILING MAY DE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Grenen & 111MIC, P.C. Oae_f?ate?dl?tert?-W! t? Pfltaburgb, PA 15222 One piece of ordinary mail addressed to: I/S 1 a71/3 PS Form 3817, Mar. 1989 V.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Grenen A ohic PC. One Gateera ? Center. N in West -Pittsburgh, PA 15222 Pa %L One piece of ordinary mail addressed to: 11J ILL/ ' 10 /-,/./ur W/ / 71 lr Ll, sWA /20/3 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. PROVIDE FOR INSURANCE-POSTMASTER Received From: Grenen & 9lrste, PC. PC. One Gatew Pittsburgh, PA 15222 a a /L Op One pi,Ce of ordinary mlil addressed to: C,Vl?-lua C01U(se./Yli aS PS Form 3817, Mar. 1989 or meter postage an, pose' murk. fnouire o P'golastar Far curler, loot` . y., 1 •~,I I 't Affix fee here in stamp dr9wtdl?eatag_T,dn post mark::rnkuiro c Postmadmr fdr;curter :lee. 'e a. . Z i tt 1• _I .? y i%' C Il ,i tll I?I r: AILING AffyN[L q.*hl stamoe DOES NOT a meter pdiugeian: Bost mark. Inuakii of lee. o ti: st •.i 0 a?? ??f• tll 1 • r' t?1 1 O u ? n t t I + t?1? s ME I S ( Flfi i ? Pa•.t,P• ra Q M,,m AlK ll`- C3 IEnaoiz.vnent Reev. e•.p Q Q Rnstrlet Deln+.:•w• IEntle,sne ent RN:.+nP Q O Total Postage 6 Fees S fsl NametPteesa P^R.a••i Slreal. .101. flo. cr •'p E Q T`• -........ . Gry. Sfaro. JP-i i t .r ccl -11 .A _a • ?a POSUga I S , ? J a S Cenilied Fee . Q Roturn PecnPt Fee I 1 ? 5 A (Endorsement Repueee) -? ' 0 Restricted Delivery Fee I 1 '"1 G IErmomement Pedu.reol n / J ° } S 2 I .. Q Total Postage 8 iws s ./ S M lPlease Pnnt C:eanl da 00 com0le M - 9 E ..dtafe, ZIPW ?/ > • > •? (O , U.S.. Postal Sc CERTIFIED. (DOMITS Mail 6,,1 M??l c/l ems Sent To>, Postage r-a S Cen'lied Fee O Roturn R Oe F•» r-7 . IEndomement ReoulFedl C Resincted Delivery Fee IEnmryemons Pegueeel Q C3 Total Postage& Fees S m Npme I%BY•e Pnnt C'ednyl II ? Shnu, Ap[ Noc or Poder! Q 1+ .............. ( dry. Slue. ZfP.Ci %1 / I / .1 POStnark Hers ,L/DS 6-l?-ao POSMarX Here ifi/OS 6-lsG-0o 'i EXHIBIT `D' a 3 a 3 a ° n' = /ie ?. mm c N ? c o aO - d 3 N0 cx a Z O iO ? m a Q M ?. C = y vn 0> 0 Co -Z M , ^ m y f7 C\ T N ? n ., D N i m ' O D m ° D F t ti ;? y 1'ti z ?__ t:?: a• ••n: : I ?•r1 ???j, _ o y t m T O u m a m m m, 41 ° 0 y N ? 9 n ? m ? M, m a ; Q , D M m D n D ? I 7 I i n b I n I m ? S?IZCI,VIyIQ, . ?i S G•+l:n•nt F...e 1 '. Rg51mJl? ° Htfllurn R• .'.Vt Fsa ?•• 1' Nelfl rl IEneomamunl RMUnWI A ')?C w i Jee .? /s ! I q• Cc Peslr¢IeU 0!e•:ry F IEMgAemenl RM) ° Total Postage & Fees ! rj s b t rn T NamniPleasn PnnlCVml::o oe compleleC Oy rrulm/ a' Siieul. ririr?'fJO:'cr PO 3oi.v.. ....................... ......................... .?... .........Gip.....<..:... r` cnai,fa:z16•'+17/irli?0 ? I /?/•%A ?- . ° Ir to l -a ^ \• ?? a _a Pgstoga S A S Cart:GeE Fes POSInWM1 ° Ralurn RMe:pt Fee I IS Here ra (Endorsment Reauseol . C3 Restncled Oelve,Fee R '7 1nV1U n IEndanamem MUned) C l_??•n L() ° U ° Total Postage d Fees s5?3 S (T7 Name lPbaw Pnnl Clsaryl ffp be completed by mab7 ?• ..................................................... ............................. . Street .tpl. NP.; or PO aCS No M1 Gry, atpro, LlP•A ll r. tr 1. eln I 11 ?I? EXHIBIT `E' 7 Jf 1 'J a ' J a a \0 ° I I nI OLI C N n mnl O ?. \.• ? • C On N h 3 aO ? C s N s -+ ~ 0 9 O Fi T y .. e a m' Q yGC••!? o - yO1 aIC yz • -i T g en > r is o D j. >. - z ' `o L) Z.o ts. nc•ae C ° m a O m a m o s a c O O? N 71. C mm 9 O v ` u m C m \i ° aO ` 3 c No y Cl 'te a n m _" ? 3 cc = mN I G Omn > ` ? ' Ro : Ko M m N2 o 111 :7 s D Q ( C? i m _ ' 0 P9 y y, OO -4.4 y • 1 ? I l.. n 1 ?A?? ?°-raw Y ?iil(i L l)ic?? ,?' PCi,agg S ; , S Craned Foe / I I (l l ? POSICan O rl 7,n. eRecamt Fat ?Entldrewnenl PnguaMl -?? Her• pp Restocted Deanery - Z p iEaodrsamem Ped ., ) p Total Postage & Fees ? S m NaTf IP'W$B PMr cieaT?f IrO CJ COn'd.UIM CY T.L: err D- D-, ._ .... ................................................................................... St r. A0r.V0.: aI PO BO.fNM ?. r I GN. sraro.:(P.J ? v. ? l7ni? 1 - m r , ff( L . I Postage S /. Demted Fen co Return Receipt Fen / ri IEndom mem Regwreo) ED RestneteO Delivery Fee C3 (ErMorsement Reomredl ,? p p TOW Pottage d Faee s m NamefP'ea•e Pnnt O at Sheer. Am ti0: ar PO BOr NG. Ir p .--°• .- ........... ......... F.. c,ry, Srare.'JP.J /?'il r i t Pdmnuk Here I^ 61?CO I I?II11111R?1T??17?®? l EXHIBIT `F' 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, JUNE 30, 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 30 day of JUNE. 2000 NOTARIAL SEAL Lots E. SNYDER, Notary Pubk Cortido Dom, Cumbwr oM County, PA My Comminiar E Th" korch 5, 2001 ?,yw.. .. .. ? _?.. ._...-ate E.'. I NOTICE In the Court of Common Pleas of Cumberland County. Pennsylvania Civil Division No. 99.7110-Civil IMC MORTGAGE COMPANY Plaintiff. VS. FREDERICK R. MOSES. CYNTHIA LOUISE MOSES. RONALD L. DICK and SUZANNE H. DICK. Defendants Notice of Sheriffs Sale of Real Es- tate on September 6. 2000 at 10:00 A.M. in the Cumberland County Courthouse. One Courthouse Square, Carlisle, PA 17013. All the following described real estate situated In the 3rd Ward of the Borough of Carlisle, Cumberland County. Commwof PA. Havingerected thereon a dwelling bkna 123 W South Street. Carlisle. PA 17013 DBV 191. pg 372, parcel 004-21-0320-275. Execution 099.71 10-CML in the amount of $76,194.09. Schedule of Distribution will be filed by the Sheriff on the date specl- Red by the Sheriff no later than thirty (30) days from sale dale. Distribu- tions will be made in accordance with the schedule unless exceptions are filed within ten (10) days of the filing of the Schedule. KRISTINE M. FAUST GRENEN & BIRSIC. P.C. One Gateway Center Nine West Pittsburgh. PA 15222 (412) 281-7650 June 30 Cumberland Notices I IN THE CO NOTICE UBT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMCMORTOAOE COMPANY CIVIL DIVISION Plaintif. NO: 88.7110-CIVIL rt FREDERICK R. MOSES, ' CYNTHIA LOUISE)WOSES, RONALD L DICK *d ' ' SUZANNE H. DICK, . - ' . Defendanta Natlee of Sheriffs, Sale of Real Estate an September 0, 2000 at 16.00 AX in the Cumberland County Courthouse, One Court- house AD We dlCarlisle, PA X7013. ng described red. estate dtoated in the 3rd Ward of the Borough of Carlisle, Cumberiand County, Comma, of PM Haring started thereon a dwelling bkna 127 W. South .Strut, CarHo* PA 17013. DBV 191, pg 777, parcel 10421-0320. 275. Execution • M7110•CIM in the amount of= 78,194.08. Schedule of Distribution will be mad by the Sbe Urou the data . dpi e- D6tdbutlans will beemlater ade inueieoadenn n (30) da from sale with tithe schedule Sthmal?tions are mad within ten (10) days of the filing of the' Kristine M. Faust Groom t Birsic, P.C. One Caraway Center, Nine West Pittsburgh, PA 15722 . (412) 281-7650 . Adr. VTS June 28 - 80-45.1 IN THE COURT OF rOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY, CIVIL DIVISION Plaintiff, NO.: 99-7110 CIVIL VS. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. TYPE OF PLEADING: PROOF OF SERVICE FILED ON BEHALF OF: IMC Mortgage Company: Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, Esquire Pa. I.D. #74950 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 ?- a. ?- c;: != u ,. s _-- ?' _- r.' i ! .. r>> i:?' c•. ?' U 80-454 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY, CIVIL DIVISION Plaintiff, NO.: 99-7110 CIVIL VS. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK, Defendants. PROOF OF SERVICE Kimberly J. Hong, Attorney for Plaintiff, IMC Mortgage Company, being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiff's Complaint in this matter on the Defendants, Frederick R. Moses, Cynthia Louise Moses, Ronald L. Dick, and Suzanne H. Dick: 1. Pursuant to Order of Court dated February 9, 2000, service of the Complaint in Mortgage Foreclosure upon the Defendants was deemed complete and valid upon mailing by the Plaintiff by certified mail, return receipt requested and first class mail, postage prepaid addressed to Frederick R. Moses at 123 West South Street, Carlisle, PA 17013 and 117 White River Boulevard, Hollister, MO 65672; Cynthia Louise Moses at 123 West South Street, Carlisle, PA 17013, 428 Fairground Avenue, Carlisle, PA 17013, and 134 North Hanover Street, Apartment 4, Carlisle, PA 17013; Ronald L. Dick at 123 West South Street, Carlisle, PA 17013 and 2140 Waggoners Gap Road, Carlisle, PA 17013; and Suzanne H. Dick at 123 West South Street, Carl isle, PA 17013 and 2140 Waggoners Gap Road, Carlisle, PA 17013; by posting a copy of the Complaint in Mortgage Foreclosure by the Sheriff of Cumberland County at the property located at 123 West South Street, Carlisle, PA 17013; and by publication in the Cumberland Law Journal and The Valley Times Star. A true and correct copy of said Order of Court is marked Exhibit "A", attached hereto and made a part hereof. 2. By letters dated February 22, 2000, Plaintiff ma i led the Complaint in Mortgage Foreclosure to the Defendant, Frederick R. Moses, at 123 West South Street, Carlisle, PA 17013 by certified mail, return receipt requested and first class mail, postage prepaid. True and correct copies of U.S. Postal Service forms 3800 and 3817, evidencing service by certified mail, return receipt requested and first class mail, postage prepaid on the identified Defendant, are marked Exhibit "B", attached hereto and made a part hereof. 3. By letters dated February 22, 2000, Plaintiff mailed the Complaint in Mortgage Foreclosure to the Defendant, Frederick R. Moses, at 117 White River Boulevard, Hollister, MO 65672 by certified mail, return receipt requested and first class mail, postage prepaid. True and correct copies of U.S. Postal Service forms 3800 and 3817, evidencing service by certified mail, return receipt requested and first class mail, postage prepaid on the identified Defendant, are marked Exhibit "C", attached hereto and made a part hereof. 4. By letters dated February 22, 2000, Plaintiff mailed the Complaint in Mortgage Foreclosure to the Defendant, Cynthia Louise Moses, at 123 West South Street, Carlisle, PA 17013 by certified mail, return receipt requested and first class mail, postage prepaid. True and correct copies of U.S. Postal Service forms 3800 and 3817, evidencing service by certified mail, return receipt requested and first class mail, postage prepaid on the identified Defendant, are marked Exhibit "D", attached hereto and made a part hereof. 5. By letters dated February 22, 2000, Plaintiff mailed the Complaint in Mortgage Foreclosure to the Defendant, Cynthia Louise Moses, at 428 Fairground Avenue, Carlisle, PA 17013 by certified mail, return receipt requested and first class mail, postage prepaid. True and correct copies of U.S. Postal Service forms 3800 and 3817, evidencing service by certified mail, return receipt requested and first class mail, postage prepaid on the identified Defendant, are marked Exhibit "E", attached hereto and made a part hereof. 6. By letters dated February 22, 2000, Plaintiff mailed the Complaint in Mortgage Foreclosure to the Defendant, Cynthia Louise Moses, at 134 North Hanover Street, Apartment 4, Carlisle, PA 17013 by certified mail, return receipt requested and first class mail, postage prepaid. True and correct copies of U.S. Postal Service forms 3800 and 3817, evidencing service by certified mail, return receipt requested and first class mail, postage prepaid on the identified Defendant, are marked Exhibit "F", attached hereto and made a part hereof. 7. By letters dated February 22, 2000, Plaintiff mailed the Complaint in Mortgage Foreclosure to the Defendant, Ronald L. Dick, at 123 West South Street, Carlisle, PA 17013 by certified mail, return receipt requested and first class mail, postage prepaid. True and correct copies of U.S. Postal Service forms 3800 and 3817, evidencing service by certified mail, return receipt requested and first class mail, postage prepaid on the identified Defendant, are marked Exhibit "G", attached hereto and made a part hereof. 8. By letters dated February 22, 2000, Plaintiff mailed the Complaint in Mortgage Foreclosure to the Defendant, Ronald L. Dick, at 2140 Waggoners Gap Road, Carlisle, PA 17013 by certified mail, return receipt requested and first class mail, postage prepaid. True and correct copies of U.S. Postal Service forms 3800 and 3817, evidencing service by certified mail, return !;w V,- --- receipt requested and first class mail, postage prepaid on the identified Defendant, are marked Exhibit "H", attached hereto and made a part hereof. 9. By letters dated February 22, 2000, Plaintiff mailed the Complaint in Mortgage Foreclosure to the Defendant, Suzanne H. Dick, at 123 West South Street, Carlisle, PA 17013 by certified mail, return receipt requested and first class mail, postage prepaid. True and correct copies of U.S. Postal Service forms 3800 and 3817, evidencing service by certified mail, return receipt requested and first class mail, postage prepaid on the identified Defendant, are marked Exhibit "I", attached hereto and made a part hereof. 10. By letters dated February 22, 2000, Plaintiff mailed the Complaint in Mortgage Foreclosure to the Defendant, Suzanne H. Dick, at 2140 Waggoners Gap Road, Carlisle, PA 17013 by certified mail, return receipt requested and first class mail, postage prepaid. True and correct copies of U.S. Postal Service forms 3800 and 3817, evidencing service by certified mail, return receipt requested and first class mail, postage prepaid on the identified Defendant, are marked Exhibit "J", attached hereto and made a part hereof. 11. On or about February 24, 2000, the Sheriff of Cumberland County posted the Complaint in Mortgage Foreclosure on the property located at 123 West South Street, Carlisle, PA 17013. A true and correct copy of the Affidavit of Posting is marked Exhibit "K", attached hereto and made a part hereof. 12. On or about February 25, 2000, the Cumberland Law Journal published the Notice to Defend. A true and correct copy of said Publication is marked Exhibit "L", attached hereto and made a part hereof. 13. On or about March 8, 2000, Th( published the Notice to Defend. A tru( Publication is marked Exhibit "M", attar 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. BY: &1y) Kimberly J. Hong, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THI$JDAY OF? 2000. ry Nota Public tl S li Han ,. r' r .Nary P?.y o EXHIBIT "A" IMC MORTGAGE COMPANY, Plaintiff V. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK and SUZANNE H. DICK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 99-7110 CIVIL TERM ORDER OF COURT AND NOW, this J? day of February, 2000, upon consideration of Plaintiff's Motion for Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of court, it is hereby ORDERED, ADJUDGED and DECREED that service of the romplaint may be made by posting the property located at 123 West South Street, Carlisle, Cumberland County, Pennsylvania, with a copy of the complaint, by certified and regular first class mail to each Defendant at 123 West South Street, Carlisle, PA 17013, to Frederick R. Moses at 117 White River Blvd., Hollister, MO 65672, to Cynthia Louise Moses at 428 Fairground Ave., Carlisle, PA 17013, and at 134 N. Hanover St., Apt. 4, Carlisle, PA 17013, and to Ronald L. Dick and Suzanne A. Dick at 2140 t. Waggoners Gap Rd., Carlisle, PA 17013, and by publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County. BY THE COURT, a EXHIBIT "B" t or meter postage enu Ii,; Post mark. InVWm of PoalmOtef for current fee. 89 . ............ - t Z 166 183 146 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. v a 0 C c c a a c LL V a Do not use for Intemauonal mail see reverse Sent to //?? lz - Street & WNW Post Otgca• Slate, 8 ZIP Cade Postage •' rr $ Certfled Fee Special Dellvary Fee rksbided Delivery Fee Return Receipt Shmvirq to Wholn S Date Deiromd pamm geceO 5losiq b Waorl. Date.a AdoesmeiAddrm TOTAL Postage B Fees Is Postmark or Date ^^ Zllt-?.? --J EXHIBIT "C" U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Raeaived From: -4 SAY ORriNEN •. nizele, P.D. ?? ONEDATEIYAY=F`dLA 'r, T co S9UR?M, PA 1517! ,? 4 e` M One place of ordinary mcil addressed to: Sl ral anz A _ Cz Moss >, \\ 1 L.l A t t) ?LQ r X raw ? . Affix lee here In stamps or motor postage and post mark.?Inquire. of Postmaster ' for cut, ant Tq e. tP J 4 ?a PS Form 3017, Mar. 1999 7WWRIP-1 ---If Z 166 183 150 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Special OMlvery Poe 1 Rezvictad Deivery IN n ,.w m Mum Receipt Stowing to '.? 1: :.•li::'.'r!•..o.. ?•rt?. VJl.m.a met?MeywrM °o TOTAL Postage d Fees Is ':lc m V) Postmark or Date 6 7-7- -2- CIO i i r? EXHIBIT "D" t Z 166 183 147 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Pl oataaa , I Is TOTAI.Podage&Fees Cg Posenark"Date 0 a 02Z2O? EXHIBIT "E" OF MAILING Afllafeehara lnstamps or meter postage and LMAIL. DOES NOT post merk:4naulrs of postmaster fir current _ Ise. ?jA d P.C. P1I7SBURaH, PA 15782 y man addressed m: Val ??- ??1 .? p io n??A O s O n n a. l"1 ??3 .. r. 1999 Z 166 183 151 US Postal Service Receipt for Certified Mail No Insurance Coverage Prodded. c R s C C a c i L i c Do not use for International Mall see reverse sent to I FA !dnrl LW I Md it S V P tOlfica.State.dL e Postage $ 't Certified Fee Space! Delivery Fee Rastdcted Delivery Fee r, W Return Rectal Stewing to YRh • irtl8 Data Delivered F ReemlfeceptSeowiybWlrns, • Date•&AldesseeN AOtress i TOTAL Postage B Fees I s s Postmark Or Date 1 ?^ GOV Allis lee here Ingo and ERTIFICATE OF MAILI or meter Ponte and AN0 T"'CA TION 0 MAIL. .r Past mark: Inpulrel of•. STMASTER oetmaeler for current 6 0 C0[tlClla is. CEriiE3 or, mail addressed to: Aar. 1989 Z 166 1113 152 US Postal Service Receipt for Certified Mail 4 Insurance col Provided. Postage Certified Fee Spacial Oefirery Fee Residcied0eaveryFea N Returnx n.t. M M., , 1M<nrn x nnlF.amr r Postage d Fees Is I ? QZ...Z2l?J Q. t EXHIBIT "G" ?Q' Opp? gym' ff,FN^'.A RIe51C, ..C_... T v of ordinary ,it sddressad to: '817, Mar. 1989 1 Z 166 183 148 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. .rt....i u,x /Coo mvu,enl N m m m C LL V a Ito rest a NtmOer JULWIJA Post Otfica. Sfata, 8 L C e? ',lO postage 1 $ CaMad Fee Special Delivery Fm Resldcted Delivery Fall Return Receipt Slawirg 10 Whore 8 Data Delivered fkam Recegt see Ad re ss Oate.B Addressees s Address a TOTAL Postage 8 Fees Posaoark of Dale 02 2zb o Affix NO here in stamps W? thOlaf of o6.rmestaf for currant EXHIBIT "H" U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURAA/N?CE-POST ASTER Received From: 0" GRENEH6 BIflSEIp,NWESf ~\ OHE jrj?$gUpuH,PA 15 y O S A On@ Plate Of ordinary v ?.z mail addressed to: ,le C ?>'?? `?1 bJ tld'? 0.CtaalL C'O-DQM0 CQAIUO-- bc_ \ 1013 1989 Z'166 183 153 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Affix lee here In stamps or meter postage and poet mark. Inquire of Postmaster far current lee. 1.) Postage $ Corti ed Fee Special Delivery Fee Restificted Delivery Fee N G) ReturnReceipt SMeing to vn- x rve rrsrwMn i i TOTAL Postage 8 Fees i$ 1 u_ (?y2200 J? { EXHIBIT "I" Affix lee here In stempa U.S. POSTAL ERVI E CERTIFICAT F MAILING or. meter poatags and MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT peal mark, Inclutra'i Of PROVIDE FOR INSURANCE-POSTMASTER Voalmeater for"duimnl dap. i Received From: 17 t' - Of.- GATFY,!AY PIT15BURarl, PA ISM •? X17 rS\ s One piece of ordinary mail addraaaed to: PS Form 3917, Mee 1989 -i. ?+ J ? 1"i.., `-'! •r.:.r .+V cl a ir~.1 ° t .'S"Y j61i'y d, yy f °' Yh'+ . .. :1'y 'T.,.?' .? ita. _tu. t. •:" tuw.a. t _. St n-e '"fwY TPJ'-+ J? ul mr am Z 166 183 149 US Postal Service - Receipt for Certified Mail No Insurance Coverage Provided. Do not use for lnlemagonal Mail See reverse Ito eta r Poshark"Dato n 02.. ZZOO Q. o,aurw a, Postage $ ?• Certified Fee Spada] Dornry Fee Restricted Delivery Fee Return Recapt Whom a Date DeBlteradd M ReetnfloceplSivAV O4rlonl Dale, a Addressees Adana TOTAL Postage d Feet EXHIBIT "J" PS Form 3817, Mar. 1989 - ----- - -------- Z 166 183 154 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intema0onal Mail See reverse Sent to - T INIC L) Sr a2 r L e U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY DE USED FOR DOMESTIC AND INTERNATIONAL MAIL, PROVIDE FOR INSURANCE-POSTMASTER DOES NOT RaceNed From: Lf D, STA ONE GAWWAy CEMEflrH pA 15222 ,? 0 Ono piece of ordinary mail addressed to: htA-A o?L4 y)zLg5C i C-osN Pco.D `'J3-))00 t_4o 11q C10L 5 Special Delivery Fae w +r r r-% w s '' Restricted Oa'v" Fee - ,,- ,Ja d t e t Y .• J 'h EY Return Receipt SlRwared 8 Date Ulfrveted Wham > _ /h} 71 'J, t u C r g (??,?,,??, ??.y? Reasn Rateipt . +II eM •t ./ > i W r'? ' fi'r' r__. 1 Dne.&Aftessees/dhecc - :: ta v ' o TOTAL Postage 8 Fees DO r) Postrnark Of Date E LL C7222C? u i a. Affix (as here in stamps or meter postage and poet mark. Inquire of Postmaster for current Joe. Py ti ?y EXHIBIT "K" rye.: SHERIFF'S RETURN - REGULAR NO: 1999-07]:. )P iMONWEALTH OF PENNSYLVANIA: .OUNTY OF CUMBERLAND IMC MORTGAGE CO VS MOSES FREDERICK R ET AL DAWN L. KELL Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT IN MORTGAGE FOR was served upon MOSES FREDERICK R the DEFENDANT , at 1010:00 HOURS, on the 24th day of February , 2000 at 123 WEST SOUTH ST. CARLISLE, PA 17013 by handing to ABOVE PROPERTY WAS POSTED PURSUANT TO ORDER OF COURT a true and attested copy of COMPLAINT IN MORTGAGE FOR together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this day of A. D. So Answers: r R. Thomas Kline 02/25/2000 GRENEN AND BIRSIC By:-NWV?i ' `i l Deputy Sheriff Prothonotary EXHIBIT "L" 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 swom, 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, FEBRUARY 25, 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 Rog r M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 25 day of FEBRUARY 2000 NN1dt8(7fSEAL 1015 E. SNYDER, Notary Public Car1iJe Eons, Cumbniand Count', PA My Commhwon Ex0rn March S, 2001 EXHIBIT "M" Proof of Publication of Notice in THE VALLEY TIMES-STAR COUNTY OF CUMBERLAND ss: VGBI30 COMMONW EALTH OFPENNSYLVANIA Barbaranompson, being duly sworn according to law, deposes and says that she is the Editorof'The Valley Times-Star", which is a weekly newspaperofgeneml circulationpublished in SlsippensburgTownsliip,CuniberlandCounty, Pennsylvania, by theNews- Chronicle Company, acorporation duly organized and existing under the laws ofthe Commonwealth of Pennsylvania having its prir)cipal place of business at 1011 Ritner Highway (PO Box 100), Shippensburg, Pennsylvania; dust she Is authorized to and does snake this affidavit on its behalf; that die printed notice, advertisement or publication attached hereto Is the same as was printed in die regular editions and issues of "Tile Valley Times-Star", on the following dales: MARCH 8, 2000 of Notice of Publication other claim monev m I FORTH LEGAL Affiant further deposes that neither she nor "The Valley Times-Star" and the News-Chronicle Company have any interest In the subject matterof the aforesaid notice or advertisement, and that the facts set forth in die foregoing .T' OF COMMON PLEAS OF CUMBERtiAND IYLVANIA J affidavit are true and correct. COMPANY CIVIL DIVISION rtjt , t /Y,(I ) . 4 + !'I 6'?C t ' 1?4' ••••• ? ? ??, ,c y nl s C? t? p ? ? ?(? l t ?R t NafF1 :r ?},4, , f l -. Q.Y$?6?Y8 108,1 A' t rt r' re?A ?:.'( "ai .. r AND f K. 31st Swam and subscribed to before me Ulis .................................................day oC• • ;NOTICE.TO DEFEND .. .. ? ' ? •••••• ........ • ??.• ... [A /// [ reed in mutt lfyou Trish bde(end agsineilhe' e Collaring pages, you must,tske.ecdon th -,??j J( , ' ? ........... .. ........ ............ .. .. JAG"' "t?"" !?/ ...i case my proceed I against you by My commission expires: S. Riqcs. Notarv Public tomuef requested by the plainlilr. You my lisp uperty ar other Tights important to you..YOU KE THIS PAPER TO YOUR LAWYER AT ONCE.' )ULD NOT HAVE A LAWYER.OR CANNOT E. GO TO OR TELEPHONE THE OFFICE SET OW TO FIND OUT WHERE YOU CAN GET - Cumberland County Bar Aieocinaou 2 Liberty Avenue - t Carlisle, PA 17013 (717) 249.3166 Adv. VTS March 6 To: "THE VALLEY TIMES-STAR", Newville, Pa., Dr. For publishing the notice attached hereto on the stated dates .................. S...... 49.a.9.2..... Affidavit ................................. S........ -.N..... Total ....................................... $......4 . r..(. ?....... Expires >': ltl Y c L : u- I ? Li lJ .l Y.?nW7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY Plaintiff, vs. FREDERICK R. MOSES, CYNTHIA LOUISES MOSES, RONALD L. DICK and SUZANNE H. DICK Defendants CIVIL DIVISION NO.: 99-7110-CIVIL c ISSUE NUMBER: = GL`. 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) 281-7650 v cu .,r - -I i c? K IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY ) Plaintiff, ) NO.: 99-7110-CIVIL vs ) FREDERICK R. MOSES, ) CYNTHIA LOUISE MOSES, ) RONALD L. DICK and ) SUZANNE H. DICK ) Defendants. ) Pa. R.C.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, 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 Plaintiff s Affidavit Pursuant to Rule 3129.1 as follows: 1. By letters dated June 14, 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, ifretumed as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. 2. By letters dated July 10, 2000, undersigned counsel served the persons named in Plaintiffs Supplemental Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective address set forth in the Supplemental Affidavit Pursuant to Rule 3129.1. A true and correct copy of said Supplemental Affidavit Pursuant to Rule 3129,1 and Certificates of Mailing are marked Exhibit "B", 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. BY: cGr1 c cc ll!/J/` - Kristine ? Faust, squire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before .h (me?t(his -day of, 2000. Goa Notary Public ly tada Pahiclei? : se WteryPudb Piltsbuty IlegxWCOnnty MYChu,Emi' sJune2,9003 5lanpar, psixjWn-VIz assoc?atbn of ww' EXBOIBTT'A' i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY Plaintiff, NO.: 99-7110-CIVIL vs. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK and SUZANNE H. DICK, 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 Ronald L. Dick and SuzaneH. Dick located at 123 West South Street, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RONALD L. DICK AND SUZANNE H. DICK OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE 3AD WARD OF THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 123 W. SOUTH STREET, CARLISLE, PA 17013. DEED BOOK VOLUME 191, PAGE 372, AND PARCEL NUMBER 04-21-0320- 275. 1. The name and address of the owner(s) or reputed owner(s): Ronald L. Dick 123 West South Street Carlisle, PA 17013 2140 Waggoners Gap Road Carlisle, PA 17013 Suzanne A. Dick 123 West South Street Carlisle, PA 17013 2140 Waggoners Gap Road Carlisle, PA 17013 2. The name and address of the defendants in the judgment: Frederick R. Moses 123 West South Street Carlisle, PA 17013 117 White River Blvd. Hollister, MO 65672 Ronald L. Dick 123 West South Street Carlisle, PA 17013 2140 Waggoners Gap Road Carlisle, PA 17013 Cynthia Louise Moses 123 West South Street Carlisle, PA 17013 428 Fairground Avenue Carlisle, PA 17013 134 N. Hanover Street, Apt. 4 Carlisle, PA 17013 Suzanne A. Dick 123 West South Street Carlisle, PA 17013 2140 Waggoners Gap Road Carlisle, PA 17013 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 American General Finance, Inc. Ambassador Home Improvements, Inc. Dept. of Housing and Urban Development (Plaintiff) 6 S. Hanover Street Carlisle, PA 17013 123 W. South Street Carlisle, PA 17013 P.O. Box 23999 L'Enfant plaza Station Washington D.C. 20013-2399 4. The name and address of the last record holder of every mortgage of record: IMC Mortgage Company (Plaintif3) 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 unswom falsification to authorities. SWORN to and subscribed before /me--this day of nNn7 2000. 000( -k0 Vim`? aernm yc:?Y Notary Public GRENEN & BIRSIC, P.C. By: Kristine M. Faust, Esquire Attorney for Plaintiff j PffirlGan:..:r•_::..K.rttyPUbllt: Ptdsbwh..,:L .,eyQJunty i My COmmissta..Er.?rasbne2,2000 WnW, P8rT.M,&9a AeboftJn of N*Ws 24 a`o Sao f O z o: _yu s: 0 0 v O, y r. 2 '2' Ws N7LL Y o. m g u ui y> os a°`oc i -1II• a••1o -i :mil ?) r ?n, _ 5- :^ : Z z h ?? '•I O ? d L W ? O v a =W LL tt ti I r G U Q? m v r- L O D d yW d -C z y u ? a I ^ ¢ln V CI E o = M - o In Q. ^ l/ . WQ 0 u y W v O V a. m 9 •? u }? u e at ? ?i e o I rn U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From! Grenen & Birsic, P.C. riffle wes-v- Plusburuh, PA im One Piece of ordinary meiladdressed to: 00 [A"N 1Z -IF rS Form 3817, Mar. 1989 Alfx fee haven stamp at mYmrplOstaga, pin, Pa,( mink. 'Inijakra o P lie"slmasler for Curren' ?Ica-'" ?'• zj" ?: 7 1 ? J I ,• m m r m• t R i m ? e7 ' LL • y i - o. I I I U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Grenen & Birsic, P.C. 0 - 1110 fGa wp 11091110F Nin Pittsburgh, i? A 1525 e IN r. ej o ' u, uc ?j i One piece of ordinary mad addressed to: 1 007 i 1. 1 TC P In rlr "r T" • D b -700,1 hf k tz_M Il?- 0U PS Form 3817, Mar. !1 89 Gli?S i ? - i . A co m CN 0 m EI LL I t U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL PROVIDE FOR INSURANCE-POSTMASTER MAIL. DOES NOT Received FromU, cnen & Birsie, P.C. l ?r? r? rO?F ?ne na1m.oY-Ce Pittsburgh, PA 15222 J( ¢ B Ona Place of ordinary mail addressed to: hatwsadw Nano harr orx s Ivy l Q . L'h SWiA' Sk(, ffil N 11th n. I PS Form 3817, Mar. 1989 MU Affix lee hero in stamps or eteo tagt!jd past m6rk.'lp u ns of jeaaatmaster. lar,GUiipnt `? I+ ?so ?i iJ.\r d . . ? t IIr 1 :.. I)1r c II)I:. 7I O (II tll rt Affix lee here in stamps or rtlsierypstaae. end R1 H --- .",I fll ? nn va ? IT ill q CD EXHIBIT `B' 41-11" :l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY Plaintiff, vs. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK and SUZANNE H. DICK Defendants. CIVIL DIVISION NO.: 99-7110-CIVIL ISSUE NUMBER: TYPE OF PLEADING: SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 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 vs. Plaintiff, No.: 99-7110-CIVIL . FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK and SUZANNE H. DICK Defendants. SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: IMC Mortgage Company, Plaintiff in the above-captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of Ronald L. Dick and Suzanne H. Dick, located at 123 W. South Street, Carlisle, PA 17013, and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF FREDERICK R. MOSES OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE THIRD WARD OF THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND • AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 123 W. SOUTH STREET, CARLISLE, PA 17013, DEED BOOK VOLUME 134, PAGE 888, AND PARCEL NUMBER 04-21-0320-275. I . The name and address of everyjudgment creditor whosejudgment is a record lien on the real property to be sold: Harris Savings Bank 235 N. 2nd Street Harrisburg, PA 17101-1420 I verify that the statements made in the Supplemental 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 unswom falsification to authorities. / cL zL4!le (CL?:?i Kri tine M?Fanst, quire Attorneys for Plaintiff SWORN?TlO and SUBSCRIBED BEFORE ME THIS?AY OF-? 200(0 Notary Public N iada r PffidclaH:. se. k My lary PxbBc Plll3M. I legs: any CO W ty Commissim Exares'E IM blwW,, Pws*vIa.Aswcdon of NoM : U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOjt DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INS URANCE-POSTMASTER Received From: Granen & Girsic, P.C. G= GanteviatGentet Nine Wad Pittshurah PA 15222 One piece of ordinary it addressed to: ? L . uq . ;. 2- w.) P 1101-I Affix fee here in stamps rV lneWy IaBO and rOmt marK.; poia of - ,?onmster 1_ uirrent 1188. . I , t ? ( L, ? ? !" : j ?i i?' , f ? . •?- • f?.l ( ' ; n .? ? ? 1 ( i ,.i l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY Plaintiff, Vs. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK and SUZANNE H. DICK Defendants. CIVIL DIVISION NO.: 99-7110-CIVIL ISSUE NUMBER: TYPE OF PLEADING: SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 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 Plaintiff, No.: 99-7110-CIVIL vs. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK and SUZANNE H. DICK Defendants. SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY IMC Mortgage Company, Plaintiff in the above-captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of Ronald L. Dick and Suzanne H. Dick, located at 123 W. South Street, Carlisle, PA 17013, and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF FREDERICK R. MOSES OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE THIRD WARD OF THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 123 W. SOUTH STREET, CARLISLE, PA 17013, DEED BOOK VOLUME 134, PAGE 888, AND PARCEL NUMBER 04-21-0320-275. I. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Harris Savings Bank 235 N. 2nd Street Harrisburg, PA 17101-1420 I verify that the statements made in the Supplemental 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. ? ` CL?GGiLCU ? ? ??j Kri tine M-Fanst, quire Attorneys for Plaintiff SWORN TO and SUBSCRIBED BEFORE ME Elh //THIS?LDAY OFr 2000. Notary Public to tada patrlraaH;. se kmryPYblle My?,ExarSS a2,M MSPIIbSr,PSrils'N.lnW.iSSOeraflOn otNd0t1' I I.U L ? IMC MORTGAGE COMPANY, Plaintiff V. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK and SUZANNE H. DICK, Defendants AND NOW, this J(`"' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7110 CIVIL TERM ORDER OF COURT day of February, 2000, upon consideration of Plaintiffs Motion for Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that service of the complaint may be made by posting the property located at 123 West South Street, Carlisle, Cumberland County, Pennsylvania, with a copy of the complaint, by certified and regular first class mail to each Defendant at 123 West South Street, Carlisle, PA 17013, to Frederick R. Moses at 117 White River Blvd., Hollister, MO 65672, to Cynthia Louise Moses at 428 Fairground Ave., Carlisle, PA 17013, and at 134 N. Hanover St., Apt. 4, Carlisle, PA 17013, and to Ronald L. Dick and Suzanne A. Dick at 2140 Waggoners Gap Rd., Carlisle, PA 17013, and by publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County. BY THE COURT, 3a?:iiC ?. t it. ?i If n i ?? '(?. ..Jil..r... Kimberly J. Hong, Esq. GRENEN & BIRSIC, P.C. Ca?ya i LicL ?l?U?°d One Gateway Center, Nine West / Pittsburgh, PA 15222 Attorney for Plaintiff :rc • JAN 2 0 200,0?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY CIVIL DIVISION No.: 99-7110 CIVIL Plaintiff, vs. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK and SUZANNE H. DICK, Defendants. ORDER OF COURT AND NOW, to wit, this day of , 1999, upon consideration of the within Motion for Service of the Complaint Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that Cumberland County Sheriff is hereby directed to post the property located at 123 W. South St., Carlisle, PA 17013 with a true and correct copy of Plaintiff's Complaint and the Plaintiff is permitted to serve all Defendants, by certified mail, return receipt requested and first class mail, postage prepaid at 123 W. South St., Carlisle, PA 17013 and Frederick R. Moses at 117 White River Blvd., Hollister, MO 65672 and Cynthia Louise Moses at 428 Fairground Ave., Carlisle, PA 17013 and Ronald L. Dick and Suzanne H. Dick at 123 W. South St., Carlisle, PA 17013. Service on the Defendants shall be deemed complete and valid upon posting by the Sheriff and mailing by the Plaintiff. BY THE COURT IN THE COURT OF COMMON PLEAS IMC MORTGAGE COMPANY, Plaintiff, Vs. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK, and SUZANNE H. DICK Defendants. OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No.: 99-7110 CIVIL ISSUE NUMBER: TYPE OF PLEADING: ) 1 MOTION FOR SERVICE OF I THE COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT AND ORDER OF COURT CODE - FILED ON BEHALF OF: IMC Mortgage Company, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, Esquire Pa. I.D. #74950 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 IMC MORTGAGE COMPANY Plaintiff, VS. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES RONALD L. DICK and SUZANNE H. DICK, Defendants. CIVIL DIVISION No.: 99-7110-CIVIL MOTION FOR SERVICE OF THE 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 Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court under Pennsylvania Rule of Civil Procedure 430 as follows: 1. On or about November 23, 1999, Plaintiff filed a Civil Action-Complaint in Mortgage Foreclosure against the Defendants, Frederick R. Moses, Cynthia Louise Moses, Ronald L. Dick and Suzanne H. Dick, at the above-captioned number and term. 2. On or about November 23, 1999, Plaintiff delivered to Cumberland County Sheriff a copy of the Complaint filed by Plaintiff at the above-captioned number and term along with direction cards requesting that the Defendant, Cynthia Louise Moses to be served at 428 Fairground Ave., Carlisle, PA 17013 and Defendants, Ronald L. Dick and Suzanne H. Dick, to be served a copy of the Complaint at their last known address being 123 West South Street, Carlisle, PA 17013. A copy of the Complaint was also mailed to the Defendant, Frederick R. Moses at his last known address being 117 White River Blvd., Hollister, MO 65672 and 3. After attempting service at the aforementioned addresses: the Sheriff's Office contacted Counsel for Plaintiff requesting alternative addresses. The following addresses were provided to the Sheriff: Defendant, Suzanne Dick, 2140 Waggoners Gap Rd., Carlisle, PA 17013; Defendant, Ronald Dick, 2140 Waggoners Gap Rd., Carlisle, PA 17013; Defendant, Cynthia Moses, 134 N. Hanover St., Apt. 4, Carlisle, PA 17013. 4. Plaintiff attempted service of Frederick Moses on November 30, 1999 at 117 White River Blvd., Hollister, MO 65672. 5. On or about November 30, 1999, Plaintiff received Notice from Cumberland County Sheriff indicating that no service was made on the Defendants. True and correct copies of the Sheriff's Returns are marked Exhibit "A", attached hereto and made a part hereof. 6. An Affidavit of the Plaintiff stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants and the reasons why service of the Complaint cannot be made, is marked Exhibit "B", attached hereto and made a part hereof. WHEREFORE, Plaintiff respectfully requests that this Honorable court direct Cumberland County Sheriff to post the property located at 123 W. South St., Carlisle, PA 17013 with a copy of the complaint and permit the Plaintiff to serve the Defendants 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 Defendant, Frederick R. Moses at 117 White River Blvd., Hollister, MO 65673 and 123 W. South St., Carlisle, PA 17013, Defendant, Cynthia Louise Moses at 428 Fairground Ave., Carlisle, PA 17013 and 123 W. South St., Carlisle, PA 17013 and Defendants, Ronald L. Dick and Suzanne H. Dick at 123 W. South St., Carlisle, PA 17013. Service of the Complaint shall be deemed complete and valid upon posting by the Sheriff and mailing by the Plaintiff. GRENEN & BIRSIC, P.C. BY: //W, Kimberly J. Hong, Esquire Attorneys for Plaintiff One Gateway Center-Nine West Pittsburgh, PA 15222 (412) 281-7650 ;® 1 EXHIBIT "A" f M O fZ, O ' c e n % M p O` m ul !- n' m a m N S S m N D I i. r . 1 .11 SHERIFF'S RETURN - NOT FOUND _ CASE NO: 1999-07110 Pr C~ .i COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IMC MORTGAGE CO VS. MOSES FREDERICK R ET AL 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: MOSES CYNTHIA LOUISE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT FOUND as to the within named defendant MOSES CYNTHIA L•OUISE DEFT. NO LONGER RESIDES AT ADDRESS STATED, LEFT NO FORWARDING WITH POST OFFICE. Sheriff's Costs: So answers: Docketing 18.00 / Service 3.10 NOT FOUND RETURN 5.00 oma??Iine, eri Surcharge 8.00 11M/99 $T4=. R N19IRSIC Sworn and subscribed to before me this day of 19 A.D. ro ono ry SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-07110 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IMC MORTGAGE CO VS. MOSES FREDERICK R ET AL 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: DICK RONALD L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT FOUND as to the within named defendant DICK RONALD L DEFENDANT NO LONGER LIVES AT ADDRESS STATED LEFT NO FORWARDING ADDRESS WITH THE POST OFFICE. Sheriff's Costs: So answers: Docketing 6.00 NOT VFOUND RETURN 5.00 Surcharge 8.00 F ?T omas Aline, Sie i $T-97= GR NE 1999IRSIC Sworn and subscribed to before me this day of 19 A.D. vrounonotary SHERIFF'S RETURN - NOT FOUND AMENDED CASE NO: 1999-07110 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IMC MORTGAGE CO VS. MOSES FREDERICK R ET AL 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: DICK SUZANNE H but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND as to the within named defendant DICK SUZANNE H DEFENDANT NO LONGER RFCrnrc Am .............. .._-___ Sheriff's Costs: So answers: , Docketing 6.00 Not Found Return 5.00 Affidavit 00 Surcharge .00 8.00 R-I mas ine, eri $Ty-OU GRENE 1999IRSIC Sworn and subscribed to before me this day of 19 A. D. ro nono ary EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY CIVIL DIVISION No.: 99-7110 CIVIL Plaintiff, VS. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK and SUZANNE H. DICK, Defendants. AFFIDAVIT PURSUANT TO PA. R.C.P. 430 COUNTY OF ALLEGHENY ) SS COMMONWEALTH OF PENNSYLVANIA ) Before me, a notary public, in and for the foregoing county and commonwealth, personally appeared Kimberly J. Hong, of GRENEN & BIRSIC, P.C. attorneys for Plaintiff and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabout of the Defendants named in the above-captioned matter: a. On December 6, 1999, Plaintiff mailed to the United States Postmaster at Hollister, MO, a request to be furnished with forwarding address of Defendant, Frederick R. Moses. b. On December 10, 1999, Plaintiff received response from the United States Postmaster indicating that the Defendant lived at Hollister Inn, State Hwy, Hollister, MO 65672. A true and correct copy of said response is marked as Attachment "A", attached hereto and made a part hereof. C. On or about December 6, 1999, Plaintiff mailed to the U.S. Postmaster at Carlisle, PA , a request to be furnished with a forwarding address for the Defendants, Cynthia Louise Moses, Ronald L. Dick and Suzanne H. Dick. d. On or about December 10, 1999, Plaintiff received response from the Postmaster indicating that the Defendant, Cynthia Louise Moses lived at 134 N. Hanover St., Apt. 4, Carlisle, PA 17013 and Defendants Ronald L. Dick and Suzanne H. Dick lived at 2140 Waggoners Gap Rd., Carlisle, PA 17013. A true and correct copy of said response is marked as Attachment "A", attached hereto and made a part hereof. C. Examinations were made of the Carlisle Area Telephone Directory; said examination failed to yield any useful information regarding the whereabouts of the Defendants, Frederick R. Moses, Cynthia Louise Moses, Ronald L. Dick and Suzanne H. Dick. d. Examinations were made of the Cumberland County Voter Registration Records; said examination failed to yield any useful information regarding the whereabouts of the Defendants, Frederick R. Moses, Cynthia Louise Moses, Ronald L. Dick and Suzanne H. Dick. e. Plaintiff conducted a computer search to determine the exact whereabouts of Defendants; said search found Defendant, Frederick R. Moses to be receiving mail at P.O. Box 1563, Hollister, MO 65673 and Defendants, Suzanne H. Dick and Ronald L. Dick to be living at 2140 Waggoners Gap Rd., Carlisle, PA 17013 and Cynthia Louise Moses to be living at 134 N. Hanover St., Apt. 4, Carlisle, PA 17013. Finally, affiant deposes and says that after the foregoing investigation, the whereabouts of Defendants are believed to be Unknown. GRENEN & BIRSIC, P.C. BY: Kimberly Jong, Esquire Attorneys for Plaintiff One Gateway Center-Nine West Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before me this day of 2000. Notary Public .yam K? ATTACHMENT "A" 1197 Postmaster / Oates? -1? a r- &o c?sto l d-1 ?j ?3 City, State, Zip Code Request for Change of Address or Boxholder Information Needed for Service or Legal Process Please famish the new address or the name and street address(if boxholder) for the following: Name: t-c'eae -iK . Rc,-;ze-z-, Address: P C), \?l?X N 5 C'?' ?- 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 attamey, arty representing himself.) 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: 3. The names of all !down parries to 4. The court in which the case has been or will be heard: I ? rr%r_ v11S fflnSef;z / t 5. The docket or other identifying number if one is issued: °t9 -D 116 6. The capacity in which this individual is to be served:(e.g. efen an or wimess.) WART iRi G Tne submission of false information to obtain and use chanee 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 S 10,000.00 or imprisonment or (2) To avoid payment of the fee for change of address information of not mote than (Titlel8 U.S.C. Secdon 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 & Rirsir P_•C- Signature Address One Gateway Center, Nine West f / i S City, State, Zip Code Pirsbur-h PA 15000 FOR POSTOFFICE ONLY Not known at address give. ivloved, left no forwarding address. No such address. No Change of address order or. Pie. Ma;gin nA trret a dr`ss Y-1 VA ^ ..cr v u 1999 (Postmaster ?•" Due c7? \ '_ '?'?vuy-Ll=t1?, 3-a 4 I? City, State, Zip Code Request for Change of Address or Boxholder Information Needed far Service or Legal Process Please furnish the new address or the name and street address(if boxholder) for the following: Name: 4 L /11?npq Address: I ?? ) { In nwP r 41 rP t I NOTE: The name and the last known address are required forW change information. The name, if known, and Post Office Box address are required for Boeltolder information. The following information is provided in accordance with 39 CFR 265.6(d)(3)(h). There is no fee for providing bosholder information. The fee for providing change of address information is waived in accordance with 265.6 d l and (2) and corresponding Administrative Support Manual 352.44a and b. ()( ) L Capacity of requester. (e.g. process server, ttome , parry representing himself.) . 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: 3. The names of all !mown parties t the 1111' ation: (??rflmnn Plec?g ?? R ?u?r1f? r Tmn courto whim the case has been or will be heard: 5. The docket or other identifying number if one is issued: 99 -1 I 10 6. The capacity in which this individual is to be served:(e.g, efenda or witness.) The submission of false information to obtain and use change of address information or boxholder information for any purpose other than the se vice 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 (Titie18 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 o, legal process in connection with actual or prospective litigation. ii 1'1 Qt:enen & Birsic P C mV s Address One Gateway Center, Nine West City, State, Zip Code _P a5burvh. p4 15?," N FOR POSTOFFICE ONLY -. of known at address give. ttMoved, left no forwarding address. -. No such address. NO Change of address order or, f:!e P ,? Y. ? Name and Street address v 9 Us9 Postmaster oaten D Oss.c e I?o?3 ??355 City, State, Zip Code 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: Ru a n n e. N ?i aA Address: NOTE: The name and the I ' own address are required for change of address information . The name, if known, and Post Office Box address are required for Borholder information. The following information is provided in accordance with 39 CFR 265.6(d)(3)(h). There is no fee for providing boxdtolder 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, attorney party representing himself.) 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: 3. The names of The court in which the case has been or will be heard: 5. The docket or other identifying number if one is issued: 99 ----111 t7 6. The capacity in which this individual is to be served:(e.g. efendant r wimess.) WAR`U G 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 S 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 lesl process in connection with actual or prospective litigation. S Grenen & Birsic P..C. Address One Gateway Center, Nine West c) rr is City, State, Zip Code Pittsburgh P4 15?)) FOR POSTOFFICE ONLY _ Moved, left no forwarding address. _ No such address. ilo Change of address order cr. file. Name and Street address 'r Poitmaster (, Date - -cn i?o?3-355 City, State, Zip Code 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: Rt?eln?rl ?,nk Address: aLgL- S!, r in nQ X NOTE: The name and thetas tnown are requ red 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)(3)(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, aomey parry representing himself.) it stature 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: The names of 4. The court in which the case has peen or will be heard: S. The docket or other identifying number if one is issued: 53 -? \ ?C-?_ 6. The capacity in which this individual is to be served:(e.g. defendan r wimess.) W.Ak-NE i c 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 oflegat process in connection with actual or prospective litigation. ??1 t O Grenen & Bircic P Signature Address One Gateway Center, Nine West n?r.rr t5 Ciry, State, Zip Code 2jg5burah. pA t ",) FORPOSTOFFICEONLY .?-«-??n at addre,s? Moved, left no forwarding address. No such address. o Change of address order or, f:!a. Name and Street address i ?',:: CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Motion for Service of the Complaint Pursuant to Special Order of Court Fl?and order of Court was mailed to the following on this _L day oB l'' 2000, by first class, U.S. Mail, postage pre-paid: V FREDERICK R. MOSES CYNTHIA LOUISE MOSES 117 WHITE RIVER BLVD. 123 W. SOUTH ST. HOLLISTER, MO 65672 CARLISLE, PA 17013 AND 123 SOUTH ST. 428 FAIRGROUND AVE. CARLISLE, PA 17013 CARLISLE, PA 17013 AND RONALD L. DICK AND SUZANNE H. DICK 123 SOUTH ST. CARLISLE, PA 17013 GRENEN/& BB?IR?S`.IC, P.?. BY: ?/ / V 9-1 Kimberly J. Hong, Esquire Attorneys for Plaintiff One Gateway Center-Nine West Pittsburgh, PA 15222 (412) 281-7650 11' ?•S a r= w ?? ?? uJ iL r- c !_1 U F_; 7 -1 ZU I: ul U 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY CIVIL DIVISION No.: 99-7110 CIVIL Plaintiff, Vs. FREDERICK R. MOSES, CYNTHIA LOUISE MOSES, RONALD L. DICK and SUZANNE H. DICK, Defendants. AFFIDAVIT PURSUANT TO PA. R.C.P. 430 COUNTY OF ALLEGHENY ) SS COMMONWEALTH OF PENNSYLVANIA ) Before me, a notary public, in and for the foregoing county and commonwealth, personally appeared Kimberly J. Hong, of GRENEN & BIRSIC, P.C. attorneys for Plaintiff and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabout of the Defendants named in the above-captioned matter: a. On December 6, 1999, Plaintiff mailed to the United States Postmaster at Hollister, MO, a request to be furnished with forwarding address of Defendant, Frederick R. Moses. b. On December 10, 1999, Plaintiff received response from the United States Postmaster indicating that the Defendant lived at Hollister Inn, State Hwy, Hollister, MO 65672. A true and correct copy of said response is marked as Attachment "A", attached hereto and made a part hereof. C. On or about December 6, 1999, Plaintiff mailed to the U.S. Postmaster at Carlisle, PA , a request to be furnished with a forwarding address for the Defendants, Cynthia Louise Moses, Ronald L. Dick and Suzanne H. Dick. d. On or about December 10, 1999, Plaintiff received response from the Postmaster indicating that the Defendant, Cynthia Louise Moses lived at 134 N. Hanover St., Apt. 4, Carlisle, PA 17013 and Defendants Ronald L. Dick and Suzanne H. Dick lived at 2140 Waggoners Gap Rd., Carlisle, PA 17013. A true and correct copy of said response is marked as Attachment "A", attached hereto and made a part hereof. C. Examinations were made of the Carlisle Area Telephone Directory; said examination failed to yield any useful information regarding the whereabouts of the Defendants, Frederick R. Moses, Cynthia Louise Moses, Ronald L. Dick and Suzanne H. Dick. r d. Examinations were made of the Cumberland County Voter Registration Records; said examination failed to yield any useful information regarding the whereabouts of the Defendants, Frederick R. Moses, Cynthia Louise Moses, Ronald L. Dick and Suzanne H. Dick. e. Plaintiff conducted a computer search to determine the exact whereabouts of Defendants; said search found Defendant, Frederick R. Moses to be receiving mail at P.O. Box 1563, Hollister, MO 65673 and Defendants, Suzanne H. Dick and Ronald L. Dick to be living at 2140 Waggoners Gap Rd., Carlisle, PA 17013 and Cynthia Louise Moses to be living at 134 N. Hanover St., Apt. 4, Carlisle, PA 17013. Finally, affiant deposes and says that after the foregoing investigation, the whereabouts of Defendants are believed to be Unknown. GRENEN & BIRSIC, P.C. BY: Kimberly J. Hong, Esquire Attorneys for Plaintiff One Gateway Center-Nine West Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before me this ??(g [wday 2000. i . No ary Public "", ATTACHMENT "A" Postmaster Date ctr a 't r- o l?s ? r a- I S (0 3 City. State, Zip Code 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: J'cC'aec. Name: Address: 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 Borholder information. The following information is provided in accordance with 39 CFR 265.6(d)(3)(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 attorney, arty representing himself.) p statute or regulation that empowers me to serve process (not required when requester is an attorney or a parry acting pro se= except corporation acting pro se must cite: 3. The names of all leiown parries to 4. The court in which the cue has been or will be heard: 5. The docket or other identiP/ing number if one is issued: °l9 - `1 I 10 6. The capacity in which this individual is to be secved:(e.g, efen an or witness.) tiV•aKI G Tie submission of false infcr ya:icr. to obtain and use change of address information or boxholder information for any purpose other than the sc.-,rice or legal process in connection with actual or prospective litigation could result in penalties including a fine up to S 10,000.00 or imprisonment or (2) To avoid payment of the fee for change of address information of not mote than (Titlel8 U.S.C. Section 1001. I certify that the above information is true and that the change of address information is needed `and ww4libe, used solely for service of legal process in connection with actual or prospective litigation. Crele:t & Birsic. p..C. Sign a ure Address Ore Cat-way Center, Nine West ?---= f f t 5 City, State, Zip Code nirsburroh PA t Soup FOR POSTOFFICE ONLY Not known at address give. - Moved, left no forvardin; address. - No such address. _ No Change of address order cn f:i.. t t??y+ ?teet address .1-.-. \ . V + ear Y''? Z? ?-' '?;- L-7 Z ?astmuur Oste a? City, State, Zip Code Request for Change of Addreas 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: a-:jn4i(ri. Address: )l? AJ. llan_pkeec khrpe;T Gp> - LA 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 boxhalder information. The fee for providing change of address information is waived in accordance with 265.6(d)(1) and (2) and corresponding Administrative Support Irfanual 352.44a and b. 1. Capacity of requester. (e.g. process server, nome , parry representing himself.) Statute or regulation that empowers me to serve process (not required when requester is an attorney or a parry acting pro se- except corporation acting pro se must cite: The names of all known parties to the been or will be heard: 4. Tne tour in whit the cue?has/T c?l?, TrnC v?o?e, 5. The dccket or other identifying number if one is issued: 19 - -? I I n 6. The capacity in which this individual is to be ser+ed:(e.g. efendan or witness.) The submission of false infornat!on 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 is penalties including a fine up to s 10,000.00 or imprisonment or (2) To avoid payment of the fee for change of address information of not mote than (LidelS U.S.C. Section 1001. I certify that the above information is true and that the change of address information is needed and wiiill be used sole!; for service of legal process in connection with actual or prospective litigation. ?1 ?? SZI,I p Gre-ter, d Bi-cic P ( Sipat"z-8 Address One Gateway Center, Nine West OD" M? ' f(lUr??S City, State, Zip Code Pittsburgh PA 15000 FOR POSTOFFICE ONLY Not !mown at address give. Moved, lea no for.varding address. _ No such address. e- or. No Change of address ord(, p t- Narne and Street address .,., P. lJ')9 Request for Change of Address ar Boxholder Information Needed for Service or Legal Process Please furnish the new address or the nname and street address(if boxholder) far the following: Name:.-Su a fl fl e. 1 ? I? tC K Address: ate() (l?ngeao(1 r? yap QOna NOTE: The name and the I ' kdown address are required for change of address information . The name, if known, and Post Office Box address are required for Bo.•tholder information. The following information is provided in accordance with 39 CFR 265.6(d)(3)(h). There is no fee for providing boxholder infonation. 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, anomey parry representing himself.) g.. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a parry acting pro se- except corporation acting pro se must cite: The names The court in which the cue has been or will be heard: 5. The docket or other identifying number if one is issued: 99 -7 1 ) n 6. The capacity in which this individual is to be served:(e.g. efendant r witness.) WARNL`i G The submission of false inforaat:or to obtain and use chance 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 (1•ide 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 sole!' for service of legal erocess in connection vrkh actual or orospective litigation. f"-enen & Birsic P.-C. S'gnae _ Address One Gatewa; Center, Nine West is C!rv, State, Zip Code Pirsbur¢h. PA 15))7 FOR POSTOFFICE ONLY -? vie. _ Moved, Teti no forwardin; address. Name and Street address No such address. c, % rX, NO Change of address order or. f:!e. t gas:master ' ' ??0?3- s355 City, State, Zip Cade 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: Ro(1d1t1 ?,(?? Address: aactifl r? n nQ NOTE: The name and the'I?st-known address are required for change of address information . The name, if known, and Post Office Box address are required for Botholder information. The following information is provided in accordance with 39 CFR 265.6(d)(3)(h). There is no fee for providing botholder 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, ttomey party representing himself.) 3rStatute 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: The names of 4. The court.in which the case has heen or will be heard: T .n n .? r!1 5. The docker or other identifying number if one is issued: 99 -I 1 1 h 6. The capacity in which this individual is to be seried:(e.g. e-r daa r wimess.) 3YAR` t'G lr. SL'C :Or: C. i2i5L }:^`a-ca i0 z:.d L'_°L C.^.?.:.ce Oi ad_:e55 1%iCC.T.,."'C^ CC box:: Older info anadoa for any purpose other than the se-nce or legal process iu coanecdoa with actual or prosnective Htigation could result in penalties including a fine up to $10,000.00 or imprisonment or (2) To avoid paymeat of the fee for change of address information of not mote than (Tit1el8 U.S.C. Section 1001. I certify that the above information is true and that the change of address information is needed and w-, 11 be used soleEyfo?r s/e :'iCe Of ieg2! Crocess Ln corneCtion %iu actual or prospective litigation. ryf,''D7 Grenen & Rirsic y C Signature Address One Gateway Center, Nine West ??, n1r? rr t s City, State, Zip Code i P nom. Pe 1 5,),),7 FOR POSTOFFICE ONLY o++tt at ae! 'f? _ &(Oved, lea no forvarding address. No such address. pro Change of addcass order cr. Diane and Street address v? .7 U u U i'I SHERIFF'S RETURN - REGULAR CASE NO: 1999-07110 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IMC MORTGAGE CO VS MOSES FREDERICK R ET AL DAWN L. KELL Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT IN MORTGAGE FOR was served upon MOSES FREDERICK R the DEFENDANT , at 1010:00 HOURS, on the 24th day of February , 2000 at 123 WEST SOUTH ST. CARLISLE, PA 17013 by handing to ABOVE PROPERTY WAS POSTED PURSUANT TO ORDER OF COURT a true and attested copy of COMPLAINT IN MORTGAGE FOR together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this day of A. D. 'Prothonotary So Answers: ?j ?.-rrar?tG ? VP R. Thomas Kline 02/25/2000 GRENEN AND BIRSIC By: Deputy Sheriff SHERIFF'S RETURN - NOT FOUND AMENDED CASE NO: 1999-07110 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IMC MORTGAGE CO VS. MOSES FREDERICK R ET AL R. Thomas Kline Sheriff, to law, says, that he made a diligent se named defendant, to wit: DICK SUZANNE H who being duly sworn according rch and inquiry for the within but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT FOUND as to the within named defendant DICK SUZANNE H DEFENDANT NO LONGER RESIDES AT ADDRESS STATED LEFT NO FORWARDING WITH THE POST OFFICE. Sheriff's Costs: So answers: Docketing .00 Not Found Return 5.00 Affidavit 00 Surcharge 8.00 K. inomas ine, Sneriff-? $T9-.UD GRENE 1999IRSIC 11/30/ Sworn and subscribed to before me this day of 199r) A. D. ?'?-? rt . 6: ro iono ary , SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-07110 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IMC MORTGAGE CO VS. MOSES FREDERICK R ET AL 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: DICK RONALD L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT FOUND , as to the within named defendant DICK RONALD L DEFENDANT NO LONGER LIVES AT ADDRESS STATED LEFT NO FORWARDING ADDRESS WITH THE POST OFFICE. Sheriff's Costs: So answers: Docketing 6.00 Service .00 NOT FOUND RETURN 5.00 Surcharge 8.00 Ft-Inomas ine, 5 eri $T9-.O-U GRENEN1& BIRSIC 11/30/99 Sworn and subscribed to before me this ii"`L day of k&'Z' Q„, 19 901 A.D. CL, ( rn ?It GG ??'-Fro ono•aip: