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Home My WebLink About07-2484GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF 61 - aypj CCHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 VS. BARBARA HARLEY MICHAEL HARLEY Mortgagors and Real Owners 24 W. Locust Street Mechanicsburg, PA 17055 Plaintiff Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term CIVIC. ACTIN: MORTGAGE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a-Roldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of KEY-0007. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC., 2929 Walden Avenue, Depew, NY 14043. 2. The names and addresses of the Defendants are BARBARA HARLEY, 24 W. Locust Street, Mechanicsburg, PA 17055 and MICHAEL HARLEY, 24 W. Locust Street, Mechanicsburg, PA 17055, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On July 21, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to CHAMPION MORTGAGE, A DIVISION OF KEYBANK NATIONAL ASSOCIATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1960, Page 1985.. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for September 27, 2006 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance .......................................................................... ......$83,969.22 Interest from 08/27/2006 through 04/30/2007 at 10.8750% .....................$6,177.47 Per Diem interest rate at $25.01 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$4,198.46 Late Charges from 09/27/2006 to 04/30/2007 .............................................$316.80 Monthly late charge amount at $39.60 Costs of suit and Title Search ......................................................................$900.00 Corporate Advance ....................................................................... .$840.00 $96,401.95 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $96,401.95, together with interest at the rate of $25.01, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for th1preclosure of the Mortgage and Sheriff's Sale of the Property. By' 62K McCAFFERTY & McKEEVER 3 A. GOLDBECK, JR., ESQUIRE FOR PLAINTIFF VERIFICATION I, L,-A M W0 I?C 044- as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: LJ /77- & /07 LCu?? ?-l?S C b tt Attorney in Fact #5886178 - BARBARA HARLEY and MICHAEL HARLEY E?hibitA ", , "A` ALL THAT CIRMIN plow or Wal d tans SUM In ft OWOUgh of 1Nel'a --illmhura court of Cumborlw and BtMr d pmvmYw8ftbatmm and deeA Fj N 1bNw^ b wk slOIIS M at a port at Vs aDrner or Wed Lm* gh me and Lamont Abair, Ifiarrow by Larnorn #ft fns nw twty dhK&n, 03.00 few to Stouffer All?r. Um by SIr wf l Afty In mn mI ib Arroborb 36.00 fbK maw or bm to Wft row ar l1co ly of t ift fhw-oa by rndw now cr frornwry of *Wft in A saWI%ft g lootfa1l, 9&Of2 %d b a paint an ft waft, ft of UmM SM% UNrios by ttla wooM lft of Loawt f b*d In a we"* drs ft% 36.00 f@#L man or bw b a pft ft pleat of MIMM HAVING 7M UM OrIft a boetary * nw dwalk bwm and nurOarsd n 24 Wilt LAOUet sbwK RAedm9c@bimg, AawryNwri¦. ab'a'tad boty ?, r of f? 3i2i,S1 ka" M,?Ww MOM 13K1m, An" L40 It I Certify this to be recorded In Cumberland County PA Recorder of Deeds fm IIm - IIT 11.50 00 - RTT MR ? IN Za1.5Q 212.31 J ? 10 00 CD FM . 2.0 OWN w6l d.? Do* m f3 S MA D edi M rm MIA * iow ara •4 *1T2" W 264 rAcf:328G E.)(hibit B ACT 91 NOTICE DATE OF NOTICE: March 21, 2007 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home This Notice explains how the program works To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 1 Date: March 21, 2007 Homeowners Name: BARBARA HARLEY and MICHAEL HARLEY Property Address: 24 W. Locust Street, Mechanicsburg, PA 17055 Loan Account No.: 5886178 Original Lender: CHAMPION MORTGAGE, A DIVISION OF KEYBANK NATIONAL ASSOCIATION Current Lender/Servicer: HSBC MORTGAGE CORPORATION HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30)-DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set 2 forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE `FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 24 W. Locust Street, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 (a) Monthly payment from 09/27/2006 thru 3/21/2007 (7 mos. at $792.03/month) $5,544.21 (b) Late charges from 09/27/2006 thru 3/21/2007 (7 mos. at $39.60/month) $277.20 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $5,821.41 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $ 5.821.41 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made payable and sent to: HSBC MORTGAGE CORPORATION 2929 Walden Avenue Depew, NY 14043 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time pp to one hour before the Sheriffs Sale You may do sob paying the total amount then past due plus an late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing an other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six () months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: HSBC MORTGAGE CORPORATION Address: 2929 Walden Avenue Depew, NY 14043 Phone Number: 904-470-7964 Fax Number: Contact Person: Faith Hux EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT• * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING. ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact Person: Faith Hux Phone Number: 904-470-7964 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 tJ D, C7 NO c? n rr, U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHAMPION MORTGAGE, A DIV. OF CIVIL DIVISION KEY BANK NATIONAL ASSOC., 0 7- A011 SUCCESSOR TO THE INTERESTS No. 2007-CV-4001-MF OF CHAMPION MORTGAGE CO., INC., Type of Pleading: Plaintiff(s), ANSWER TO CIVIL ACTION/MORTGAGE VS. FORECLOSURE BARBARA HARLEY and MICHAEL Filed on behalf of. HARLEY, BARBARA HARLEY and MICHAEL Defendant(s). HARLEY, Defendant(s) Counsel of Record for this Party: Fred W. Freitag IV, Esquire Pa I..D. # 61770 1041 Applejack Drive Gibsonia, PA 15044 (724) 444-0086 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHAMPION MORTGAGE, A DIV. OF CIVIL DIVISION KEY BANK NATIONAL ASSOC., SUCCESSOR TO THE INTERESTS No.2007-CV-4001-MF OF CHAMPION MORTGAGE CO., INC., Plaintiff(s), VS. BARBARA HARLEY and MICHAEL HARLEY, Defendant(s). ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE AND NOW, comes the Defendant(s), BARBARA HARLEY and MICHAEL HARLEY, by and through his/her/their attorney, Fred W. Freitag IV, Esquire, and aver as follows: 1. Paragraph 1 is ADMITTED. 2. Paragraph 2 is ADMITTED. 3. Paragraph 3 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response to Paragraph 3 is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 4. Paragraph 4 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 5. Paragraph 5 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 6. Paragraph 6 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 7. Paragraph 7 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 8. Paragraph 8 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 9. Paragraph 9 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. WHEREFORE, Defendant(s) requests this court to enter a judgment in their favor and or dismiss the Plaintiffs complaint. J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHAMPION MORTGAGE, A DIV. OF CIVIL DIVISION KEY BANK NATIONAL ASSOC., SUCCESSOR TO THE INTERESTS No. 2007-CV-4001-MF OF CHAMPION MORTGAGE CO., INC., Plaintiff(s), VS. BARBARA HARLEY and MICHAEL HARLEY, Defendant(s). VERIFICATION I, Fred W. Freitag IV, Esquire, verify that I am attorney for the Defendant(s) BARBARA HARLEY and MICHAEL HARLEY, and am authorized to make this verification on his/her/their behalf to expedite the litigation because he/she/they is/are out of town. The foregoing pleading is true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHAMPION MORTGAGE, A DIV. OF CIVIL DIVISION KEY BANK NATIONAL ASSOC., SUCCESSOR TO THE INTERESTS No. 2007-CV-4001-MF OF CHAMPION MORTGAGE CO., INC., Plaintiff(s), VS. BARBARA HARLEY and MICHAEL HARLEY, Defendant(s). CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that I am this June 9, 2007 serving a true and correct copy of the foregoing ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE as follows: by hand delivery _X_ by first class mail, postage prepaid on the following: JOSEPH A. GOLDBECK, JR. ESQUIRE GOLDBECK, McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 June 9, 2007 Date r-, co 11i N {,,fie GOLDBECK McCAFFERTY & McKEEVER BY: THOMAS I. PULED, ESQUIRE Attorney I.D. #27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 vs. BARBARA HARLEY and MICHAEL HARLEY Mortgagors and Record Owners 24 W. Locust Street Mechanicsburg, PA 17055 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 07-2484 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, this Plaintiff moves this Court for Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No. 1035.1 et seq. for the following reasons: 1. Plaintiff is CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. (hereinafter "Plaintiff'). 2. Defendants are BARBARA HARLEY and MICHAEL HARLEY (hereinafter "Defendants"). 3. Plaintiff filed its Complaint in mortgage foreclosure on April 30, 2007. A true and correct copy of the Complaint is attached hereto as Exhibit A. 4. Defendant filed an Answer on or about June 9, 2007, which does not raise any issue of material fact. A true and correct copies of the Answer is attached hereto as Exhibit B. 5. Plaintiff has attached an Affidavit to the instant Motion that avers all facts necessary to prove a prima facie case in mortgage foreclosure and that corroborates the facts as plead in Plaintiffs Complaint. See Plaintiff's attached Affidavit and Memorandum of Law. WHEREFORE, Plaintiff moves for Summary Judgment in its favor. Respectfully submitted, GOLDBECK MCCAFFERTY & MCKEEVER T MAS I. P LEO, ESQUIRE ATTORNEY FOR PLAINTIFF GOLDBECK McCAFFERTY & McKEEVER BY: Thomas I. Puleo, Esquire Attorney I.D.#27615 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY VS. BARBARA HARLEY and MICHAEL HARLEY Mortgagors and Record Owners 24 W. Locust Street Mechanicsburg, PA 17055 Term No. 07-2484 AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT V ml,erL,. M Gr4V being duly sworn according to law, deposes and says: 1. I am the & ± r1tG fre,- ordnd representative of Plaintiff. I am authorized to make and do make this affidavit on behalf of Plaintiff; and that the facts set forth in the foregoing Motion for Summary Judgment are true and correct to the best of my knowledge, information and belief. 2. I have personal knowledge of the matters referred to in Plaintiffs Motion and as set forth below, I make this affidavit in support of Plaintiff s Motion for Summary Judgment, that the facts set forth below are admissible in evidence and I am competent to testify to the matters stated herein. 3. The Defendants, BARBARA HARLEY and MICHAEL HARLEY, made, executed and delivered a Mortgage upon the premises, 24 W. Locust Street, Mechanicsburg, PA 17055, on July 21, 2006 to CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC.. 4. The mortgage is held by Plaintiff. The mortgage has not been assigned. 5. The Mortgage is in default because monthly payments of principal and interest due September 27, 2006 and each month thereafter are due and unpaid. At no time from September 27, 2006 to the present has/have the Defendants tendered the amount of payments required to bring the Mortgage current and I have at all times been willing to accept same. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the dates set forth in the true and correct copy of such notices attached hereto as Exhibit "B" to Plaintiff s Complaint. The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHAMPION MORTGAGE, A DIV. OF CIVIL DIVISION KEY BANK NATIONAL ASSOC., SUCCESSOR TO THE INTERESTS No. 2007-CV-4001-MF OF CHAMPION MORTGAGE CO., INC., Type of Pleading: Plaintiff(s), ANSWER TO CIVIL ACTION/MORTGAGE VS. FORECLOSURE BARBARA HARLEY and MICHAEL Filed on behalf of HARLEY, BARBARA HARLEY and MICHAEL Defendant(s). HARLEY, Defendant(s) Counsel of Record for this Party: Fred W. Freitag IV, Esquire Pa I..D. # 61770 1041 Applejack Drive Gibsonia, PA 15044 (724) 444-0086 7. The amounts due and owing on the mortgage in question as of the filing of the Complaint are as follows: Principal Balance $83,969.22 Interest from 08/27/2006 $6,177.47 through 04/30/2007 at 10.8750% Per Diem interest rate at $25.01 Reasonable Attorney's Fee at 5% of Principal Balance $4,198.46 Late Charges from 09/27/2006 to 04/30/2007 $316.80 Monthly late charge amount at $39.60 Costs of suit and Title Search $900.00 Corporate Advance $840.00 $96,401.95 I hereby verify that any exhibits attached hereto are true and correct copies of the originals and I declare all of the foregoing to be trug and correct. 1) 1 SWORN TO AND SUBSCRIBED: before me this day: Of 200'1: Public ? LORI A. FARSZMIL No. 01 F;46128918 Notary Public, State of New York Qualified in Erie County My Commission Expires 06/20/20 GOLDBECK McCAFFERTY & McKEEVER BY: THOMAS I. PULEO, ESQUIRE Attorney I.D. #27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 vs. BARBARA HARLEY and MICHAEL HARLEY Mortgagors and Record Owners 24 W. Locust Street Mechanicsburg, PA 17055 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 07-2484 PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 1. PROCEDURAL HISTORY This is an Action of Mortgage Foreclosure brought against the Defendants who are the Mortgagors and Real Owners of the real property located at 24 W. Locust Street, Mechanicsburg, PA 17055 ("Property"). Plaintiff filed a Complaint and Defendants filed an Answer. Plaintiff has now moved for Summary Judgment and this memorandum is offered in support of Plaintiffs Motion. II. LEGAL ARGUMENT Summary judgment is governed by Pa.R.C.P. 1035.1 et. s.., Pa.R.C.P. 1035.2 provides that "After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment...." Summary judgment is appropriate to be entered: (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense..." Pa.R.C.P. 1035.2(1). Pa.R.C.P. No. 1141 notes that the foregoing assumpsit rule shall apply to Actions of Mortgage Foreclosure. Pa.R.C.P. 1035.2(2) requires the party who opposes the motion to provide the Court, in response to the motion, with "...evidence of facts essential to the ... defense which, in a jury trial, would require the issues to be submitted to a jury." Specifically, Pa.R.C.P. 1035.3 states, in pertinent part: (a) The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion or from a challenge to the credibility of one or more witnesses testifying in support of the motion... Plaintiff has included an affidavit in support of its Motion for Summary Judgment, pursuant to Pa. R. C. P. 1035.4, which states in relevant part: Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the signer is competent to testify to the matters stated therein. Verified or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. The only issue before the Court is whether Defendants' Answer raises any legal or factual issue, which provides a basis for denying Plaintiff its request for summary judgment. Plaintiff respectfully suggests it does not. Defendants admit paragraphs 1 and 2 of the Complaint, specifically the identities of the parties. In paragraph 3 and 4 of the Answer regarding the execution and delivery of the mortgage, any assignments and the property description, Defendant denies the averments as "a legal conclusion and personal opinions", and to the extent that a response is required, Defendant states that the averments are "specifically denied". The execution and assignment of the mortgage, the recording information and the legal description of the Property are matters of public record and may not be denied for lack of knowledge. See: Goodrich vs. Amram 2d. Section 1029(c):I at p.p. 279- 80. Accordingly, the general denials by Defendant herein constitute admissions. Nor are these general denials properly pled in accordance with Pa.R.C.P. 1029(c). Moreover, there is absolutely no requirement that a mortgage document be attached to the Complaint. See: Pa.R.C.P. 10190). Paragraphs 5 and 6 of the Complaint contain the specific averments of default and amounts due and owing upon the mortgage required to be averred in actions of mortgage foreclosure as set forth in Pa.R.C.P. No. 1147(4) and (5). Defendants answer these specific averments by stating that these averments are "conclusions of law" making a response unnecessary. Defendants make no specific response whatsoever regarding Defendants' failure to tender monthly payments or the amounts due and owing. Defendants cannot simply invoke Pa. R.C.P. 1029(c) when Defendants, as well as Plaintiff, have knowledge, or should have independent knowledge of the mortgage account. Further, as case law assumes that Defendant has knowledge of her own mortgage account, Defendants are deemed to have admitted these specific allegations of default by failing to deny the allegations with any specificity. See First Wisconsin Trust Company vs. Strausser and Perlberger, 653 A.2d 688 (Pa.Super. 1995); New York Guardian Mortgagee Corporation vs. Dietzel, 524 A.2d 951 (Pa. Super 1987) Cercone vs. Cercone, 386 A.2d 1 (1978); Pa. R. C. P. No. 1029. The lack of specific, detailed response to Plaintiff s specific averments of defaults constitutes an admission of the default and amounts due and owing upon the mortgage. See, New York Guardian Mortgagee Corporation vs. Dietzel, 362 Pa. Super 426, 524 A.2d 951 (Pa. Super 1987). Thus, Plaintiff respectfully suggests that this Honorable Court should conclude, based upon the deemed admissions of the Defendants and the verified facts of Plaintiff in its affidavit in support of its Motion, that Plaintiff is entitled to summary judgment. As this is a conventional loan, Plaintiff is under no legal duty to accept less than the full arrears unless settlement negotiations led to a new contract. Once the entire loan is accelerated, partial payments cannot cure the default. The Ministers and Missionaries Benefit Board, etc. vs. Goldsworthy, 385 A.2d 358 (Pa. Super. 1977). Defendants, as evidenced by Plaintiff's affidavit in support of this motion and the lack of a specific response to paragraph 5 of the Complaint, have never offered the total amount necessary to reinstate the mortgage. Plaintiff would gladly accept full reinstatement under the mortgage, as it is likely to suffer a loss if this litigation continues. Moreover, as this is a conventional loan, Plaintiff is under no legal duty to accept less than the full arrears unless settlement negotiations led to a new contract. Once the entire loan is accelerated, partial payments cannot cure the default. The Ministers and Missionaries Benefit Board, etc. vs. Goldsworthy, 385 A.2d 358 (Pa. Super. 1977). Defendants' general denials that the damages are incorrectly calculated is not a basis to deny Plaintiff judgment as a matter of law. Default in an action of mortgage foreclosure is an absolute. Once default under the terms of the mortgage has been established, the court must enter judgment in favor of the holder of the mortgage. The question of accounting is saved for another day, specifically, after a Sheriffs Sale of the Property. The Supreme Court of Pennsylvania held in Landau vs. Western Pennsylvania National Bank, 445 Pa. 217, 282 A.2d. 335 (1971): The mortgagors are unquestionably entitled to an accounting, but that accounting is not due until the property is sold at Sheriffs Sale and distribution of the proceeds is made. Judgment in mortgage foreclosure action must be entered for a sum certain or no execution could ever issue on it. 445 Pa. at 226, 282 A.d. at 335. This Supreme Court decision directs a court to enter summary judgment in favor of the plaintiff/mortgagee where the defendant/mortgagor admits the default upon the mortgage. Landau vs. W. Pa. Nat. Bank, 455, Pa. 217,255-266,282 A. 2d 335,340 (1971). Pennsylvania Courts have long and repeatedly upheld the reasonableness and enforceability of a request in an action of mortgage foreclosure for attorney's fees equal to 5% of the principal balance of the mortgage as demanded in Plaintiffs Complaint at paragraphs 6 and 7. Robinson vs. Loomis, 51 Pa. 78 (1865); Galligan vs. Heath, 260 Pa. 457 (1919); Foulke vs. Hatfield Fair Grounds Bazaar, Inc., 196 Pa. Super Ct, 155 (1961); First Federal S&L Assn. vs. Street Road Shopping Center, 68 D & C 2d 751, 75 (Bucks County) (1974). Moreover, as further explained in Paragraph 7 of Plaintiffs Complaint, the attorney's fees demanded in Paragraph 6 of Plaintiffs Complaint would only be collected in the event of a third party purchaser at Sheriffs Sale. Defendants continue to have the option of paying all arrears and costs up to one hour before the Sheriffs Sale in conformity with the provisions of Act 6 in which case attorney's fees will be assessed based on work actually performed. See, Pennsylvania Act 6 of 1974, 41 P.S. Section 401 et. seq. Plaintiff is entitled to be reimbursed for its reasonable and actual attorney's fees incurred. It is respectfully suggested that should this Honorable Court find that the flat rate of 5% requested raises a genuine issue of fact, summary judgment be granted Plaintiff as to all issues except attorney's fees. Certainly, with default deemed to be admitted, it would be unfair and a waste of this Court's valuable resources to conduct a trial in this matter if the only issue of genuine fact is the demand for attorneys fees. Defendants generally deny paragraph 8 of the Complaint. Plaintiff submits, in paragraph 8 am of its Complaint that Plaintiff is not seeking a judgment of personal liability (or in person judgment) against the Defendants in this action but reserves its right to bring a separate action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this action of mortgage foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. Finally, Defendants again generally deny the averment set forth in paragraph 9 of the Complaint concerning Plaintiff's compliance with the pre-foreclosure Act 91 notices as required by Act 91, 35 P.S. section 1680.403(c). Apart from the fact that Defendants' denial is not sufficiently specific as required by Pa.R.C.P. 1029, Plaintiff has nonetheless complied with the Act, as verified in the Complaint as well as the affidavit in support of this motion. The Act requires that the notice be sent by Plaintiff and there is no requirement upon Plaintiff to prove receipt by the mortgagor. See: 35 P.S. 1680.403(c)(a). A true and correct copy of the Notice is attached to the Complaint as Exhibit B. Moreover, the form of notice utilized by Plaintiff is prescribed by the Pennyslvania Housing Finance Agency. See: Regulations published in the Pennsylvania Bulletin, Vol. 29, No. 23, June 5, 1999; 12 PA. Code Chapter 31. III. CONCLUSION All material averments of the within motion are verified in the attached signed and sworn affidavit pursuant to Pa.R.C.P. No. 1035. Defendants cannot simply rely upon the averments of the Answer to raise an issue of fact. Phaff vs. Gardner, 451 Pa. 1465 303 A2d 352 (1973). Accordingly, Defendants' answer admits all material facts, there are no issues of material fact and the Court should grant Plaintiffs Motion for Summary Judgment WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendants as prayed for in Plaintiffs Complaint. BY: Respectfully submitted, GOLDBECK ZRTY & MCKEEVER THOMAS I. PP &EO, ESQUIRE ATTORNEN FOR PLAINTIFF GOLDBECK McCAFFERTY & McKEEVER BY: THOMAS I. PULED, ESQUIRE Attorney I.D. #27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 vs. BARBARA HARLEY and MICHAEL HARLEY Mortgagors and Record Owners 24 W. Locust Street Mechanicsburg, PA 17055 EXHIBIT LIST A. Complaint B. Answer C. Mortgage ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 07-2484 D. Note EXHIBIT " A99 GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY LD. #16132 SUITE 5000 - O"EY 701 MARKET PHMADELF 91 (215) 627-13 WWW.GOLDBECKLAW.C ATTORNEY FOR CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depaw, NY 14043 VS. BARBARA HARLEM MICHAEL HARLEY Mortgagors and Real Owners 24 W. Locust Strew Mechanicsburg, PA 17055 07- Zqpr a%v ?(.`7?-t. I NEARBY CERTIFY THAT THIS IS A TRUE A-NCOF THE ORIGNAL FILED Plaintiff Defendants NOTICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term CIVIL ACTIN: MORTGAGE "FCLOSUl4E You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE AB 8TOMRq?DE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVIC$ T9ELfQIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 v 717-243-9400 - E3 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 VISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRPTA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA n?*/AimA RECUERDE: Sl USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS 1MPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FUADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEER , CON INFORMACION DE COMO CONSEUIR UN ABOGADO. Si USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE 1NFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A„PM OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM XM WILL BE USED FOR THE PURPOSE QF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD' S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email t on@gol aw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or at homere jo -. package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of KEY-0007. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. AGE FO 11T1Fy T'ri.AT 'a HIS !S 1A.:r1r1QRNEy, al-2 M?- - - - - , - -e "'opy OF 1. Plaintiff is CHA , A DIVISION OF KEY ? AND X99 ATION, SUCCESSOR T ZWST F CHAMPION MORTGAGE CO., INC., 2929 Walden Avenue, Depew, NY 14043. 2. The names and addresses of the Defendants are BARBARA HARLEY, 24 W. Locust Street, Mechanicsburg, PA 17055 and MICHAEL HARLEY, 24 W. Locust St vd, Mechanicsburg, PA 17055, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On July 21, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to CHAMPION MORTGAGE, A DIVISION OF KEYBANK NATIONAL ASSOCIATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1960, Page 1985.. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for September 27, 2006 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ....................................................................................$83,969.22 Interest from 08/27/2006 through 04/30/2007 at 10.8750% .....................$6,177.47 Per Diern interest rate at $25.01 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$4,198.46 Late Charges from 09/27/2006 to 04/30/2007 .............................................$316.80 Monthly late charge amount at $39.60 Costs of suit and Title Search ...................................................................... $900.00 Corporate Advance ....................................................................... ....$840.00 $96,401..95 7. If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorney's Foes set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriffs Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $96,401.95, together with interest at the rate of $25.01, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the,,foreclosure of the Mortgage and Sheriff's Sale of the Property. By: LA I k ekn McCAFFERTY & WKEEVER 3 A. Gowncr, JR., EsQumE FOR PLAINTIFF VERIFICATION I, Lam as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: Ll /z &- I07 Attorney in Fact #5886178 - BARBARA HARLEY and MICHAEL HARLEY Exhi6itA • 4 • immMl'r'*A'b ALL rdAT cerrNM plea or pwM d Wd abaft h tM 9wso d ambo" wrd a dPwnrl?ylYrlli?, baindads?d d?aorbad o 1bNowa. tawlt; at a P* t at to C w,ar of Wwt LoMUM SWW and Lament Aft ita?nw by Irar1 11 Aft y InA lalmly dhacdoal ?d.00 cwt 9louliitAlry? Ihw b!?91o?ihrA ? h an arbrh?drreaNonr 0 ?nan or way In Wmb row or hnr?egr d . tlMnor Inds ow or ibn?iwty of INV" M a aoamwv O'eotlor?. aw feet b a p"on toe r?lwn al' ? by r omm im of B"d In a mmMi SO fo@ . mm or kwL b • qft ft on of ShWO i#AMMIt# '1HOMW WOW • %V04" *ww dwMM I Mown and numbeW as 24 Wirt Mhdwekxbap. PMmsylwrd? taftw two bm& et bra I Ctify this to be recorded In Cwnbuland County PA i SAM a ceder of lwaa mm ` !4 1slim burW La no iii NM m OLE 22.11 ?.. t ta. MWWAUM LO Owdim am 901 m m as OEM . rm a" WA bmwIl.-GD4 414" M W4 FAGF3286 ?hi6it (13 ACT 91 NOTICE DATE OF NOTICE: March 21, 2007 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. This is an official notice that the mortga a on your home is in default, and the lender intends to foreclose. SMific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMM Ma be able to help to save your home This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when ,you meet with the Counseling A&MM. The name address and one number of Consumer Credit ounselin A enci your County are listed at the end of this Notice. If you have any_questions,_y_ou may call the Pennsylvania Housing Finance Agercy toll free at I- W-342-2(Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion innmediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible pars un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el coal puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 Date: March 21, 2007 Homeowners Name: BARBARA HARLEY and MICHAEL HARLEY Property Address: 24 W. Locust Street, Mechanicsburg, PA 17055 Loan Account No.: 5886178 Original Lender. CHAMPION MORTGAGE, A DIVISION OF KEYBANK NATIONAL ASSOCIATION Current Lender/SeMcer. HSBC MORTGAGE CORPORATION HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM _ FINANCIAL YOU MAY BE ELIGIBL FOR ASS CEYa-ftCH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARX STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITIDN` NEXT (301 DABS. IF YOU DO NOT APPL FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE P,?T OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT".EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the vroQerty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligii6ility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no. foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to datek NA? OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 14 W. Locust Street, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment-from 09/27/2006 thru 3/21/2007 (7 mos. at $792.03/month) $5,544.21 (b) Late charges from 09/27/2006 thru 3/21/2007 (7 mos. at $39.60/month) $277.20 (c) Other charges; Escrow, Inspec., NSF Checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT. REQUIRED AS OF THIS DATE: $52821.41 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $ 5.821.41 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: HSBC MORTGAGE CORPORATION 2929 Walden Avenue Depew, NY 14043 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its dgbts to accelerate the mo age debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon Your mortgaged Property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorneys fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cline the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do sob nx aving the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and bv_performing My other requirements der the mo e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (0 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the leader. HOW TO CONTACT THE LENDER: Nameof Len der: HSBC MORTGAGE CORPORATION Address: 2929 Walden Avenue Depew, NY 14043 Phone Number: 904-470-7964 - ax Number: Contact Person: Faith Hux EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your fiunishings and other belongings could be started by the lender at any time. ASS ON OF ORTGA - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU Y ALSO HA THE RIG : * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact Person: Faith Hux Phone Number. 904-470-7964 i c J PENNSYLVANIA HOUSING FINANCE AGENCY HOMXQ-VM S EMERGENCY MORTGAGE M&ISTANCB PROGRAM ; CONSUMER CREDIT COUNSELING AGENCIES CUMBERLA" COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 LM91estown Road Ha ddm g. PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Hanidwg PA 17101 (717) 234-5925' FAX (717) 234-9459 = COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Hwbbnrg PA 17104 (717) 232-9757 FAX 2342227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717)762-3285 _ YWCA OF CARLISLE 301 G Strxt Carlisle, PA 17013 (717) 243-3319 FAX (717) 731-9589 _ ADAMS COUNTY HOUSING AUTHORITY 139443 Carlisle Sty Gettysburg PA 17325 (717) 3341518 FAX (717) 334-8326 EXHIBIT "? •° IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHAMPION MORTGAGE, A DIV. OF CIVIL DIVISION KEY BANK NATIONAL ASSOC., SUCCESSOR TO THE INTERESTS No. 2007-CV-4001-MF OF CHAMPION MORTGAGE CO., INC., Type of Pleading: Plaintiff(s), ANSWER TO CIVIL ACTION/MORTGAGE VS. FORECLOSURE BARBARA HARLEY and MICHAEL Filed on behalf of. HARLEY, BARBARA HARLEY and MICHAEL Defendant(s). HARLEY, Defendant(s) Counsel of Record for this Party: Fred W. Freitag IV, Esquire Pa L.D. # 61770 1041 Applejack Drive Gibsonia, PA 15044 (724) 444-0086 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHAMPION MORTGAGE, A DIV. OF CIVIL DIVISION KEY BANK NATIONAL ASSOC., SUCCESSOR TO THE INTERESTS No.2007-CV-4001-MF OF CHAMPION MORTGAGE CO., INC., Plaintiff(s), VS. BARBARA HARLEY and MICHAEL HARLEY, Defendant(s). ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE AND NOW, comes the Defendant(s), BARBARA HARLEY and MICHAEL HARLEY, by and through his/her/their attorney, Fred W. Freitag IV, Esquire, and aver as follows: 1. Paragraph 1 is ADMITTED. 2. Paragraph 2 is ADMITTED. 3. Paragraph 3 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response to Paragraph 3 is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 4. Paragraph 4 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 5. Paragraph 5 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 6. Paragraph 6 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 7. Paragraph 7 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 8. Paragraph 8 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 9. Paragraph 9 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. WHEREFORE, Defendant(s) requests this court to enter a judgment in their favor and or dismiss the Plaintiff s complaint. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHAMPION MORTGAGE, A DIV. OF CIVIL DIVISION KEY BANK NATIONAL ASSOC., SUCCESSOR TO THE INTERESTS No. 2007-CV-4001-MF OF CHAMPION MORTGAGE CO., INC., Plaintiff(s), VS. BARBARA HARLEY and MICHAEL HARLEY, Defendant(s). VERIFICATION I, Fred W. Freitag 1V, Esquire, verify that I am attorney for the Defendant(s) BARBARA HARLEY and MICHAEL HARLEY, and am authorized to make this verification on his/her/their behalf to expedite the litigation because he/she/they is/are out of town. The foregoing pleading is true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. By IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHAMPION MORTGAGE, A DIV. OF CIVIL DIVISION KEY BANK NATIONAL ASSOC., SUCCESSOR TO THE INTERESTS No. 2007-CV4001-MF OF CHAMPION MORTGAGE CO., INC., Plaintiff(s), VS. BARBARA HARLEY and MICHAEL HARLEY, Defendant(s). CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that I am this June 9. 2007 serving a true and correct copy of the foregoing ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE as follows: by hand delivery X by first class mail, postage prepaid on the following: JOSEPH A. GOLDBECK, JR. ESQUIRE GOLDBECK, McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 June 9. 2007 Date EXHIBIT "G" to?. tit '7 J? Record and Return to: SECOLINK SECOLINK 3920 MAIN STREET, 3RD FLOOR AMHERST , NY 14226 800-231-7766 Prepared by: ANTHONY G MITCHELL 3920 MAIN ST 3RD FLOOR AMHERST, NY 14226 716-838-7834 Tax Parcel # 16-23-0565-038 rNECvRDEj' ... 0l;q BMW! 2 ? . - J& 31 PV1 3 05 [Space Above This Line for Recording Data] File # 207826579 Tcust # 207672320 PENNSYLVANIA ADJUSTABLE RATE PAYMENT MORTGAGE -- FIRST LIEN THIS MORTGAGE ("Security Instrument"') Is given on JULY 21, 2006. The mortgagor is MICHAEL HARLEY MARRIED, BARBARA HARLEY MARRIED ("Borrower"), whose address is 24 W LOCUST ST. MECHANICSBURG, PA 17055-6333 This Security Instrument Is given to CWWPiON MORTGAGE, A DIVISION OF KEYBANK NATIONAL ASSOCIATION, ("Lender"), a national bank organized and existing under the laws of the United States, and whose address is 2 GATEHALL DRIVE, PARSIPPANY, NJ 07054. Borrower owes Lender the principal sum of EIGHTY FOUR THOUSAND AND 001100 Dollars (U.S. $84,000 00). This debt is evidenced by the Borrower's Note ("Note') dated the same date as this Security Instrument, which provides for monthly payments, with the full debt, If not paid earlier, due and payable on JULY 26, 2036. This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with Interest, and all renewals, extensions and modifications of the Note; (b) the payment of au other sums, with Interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security ktstrument and Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender, the following described property located in CUMBERLAND County, Commonwealth of Pennsylvania- - See Schedule A Attached Hereto and Made a Part Hereof - Tax Parcel # 16-23-0565-038 which has the address of 24 W LOCUST ST, MECHANICSBURG, PENNSYLVANIA ('Property Address'); BKI96OPG1985 #W Y# TOGETHER VVITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. AN replacements and additions shall also be covered by this Security Instrument. AN of the foregoing is referred to in this Security Instrument as the 'Property'. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property Is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the We to the Property against all claims and demands, subject to encumbrances of record. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and IntmM; Prepayment and Late Charges; Dishonored Check Charge Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. If Borrower makes a payment by check, draft or money order and such check, craft or money order is dishonored on the second presentment, Borrower shall pay a dishonored check charge of $20.00. 2. Funds for Taxes and Insurance Subject to applicable law, upon written notice from Lender requiring that Borrower escrow funds for the payment of taxes and insurance. Borrower shall pay to Lender on the day monthly payments are due under the Note, unfit the Note is paid in full, a sum rFunde) for. (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, If any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any, (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender. in accordance with the provisions of paragraph 8, In lieu of the payment of mortgage insurance premiums. These items are caged "Escrow Items". Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage ban may require for Borrowers escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S. C. § 2601 at seq. ("RESPA'). unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time. collect and hold Funds In an amount not to exceed the lesser amounL Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise In accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender Is such an institution) or In any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays to Borrower interest on the Funds and applicable law permits Lender to make such a charge- However. Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with the loan evidenced by the Note, unless; applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds- Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. I FE1,80 ®®0111 BK1960PG1986 2' 10 IMIMMIN 1101111 291 ow 4'Y Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument If the Funds held by Lender exceed the amounts permitted to be held under applicable law, Lender shag account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in fug of all suns secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 19, Lender shall acquire or seta the Property. Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums seared by this Security Instrument. 3. Application of Payments Unless otherwise required by applicable haw. Lender will apply payments received under Paragraph 1 in accordance with the terns of the Note. 4. Charges; Liens Borrower shall pay or cause to be paid, when due. all taxes, assessments, charges, fines and Impositions attributable to the Property which may attain priority over this security Instrument, and leasehold payments or ground rents, if any. Bomower shall pay these obligations in the manner provided In paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment Borrower shall promptly fumish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments deadly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any Ken which has priority over this Security Instrument unless Borrower (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests In good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the hen to this Security Instrument. If Lender determines that any part of the Property is subject to a lien, which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the hen. Borrower shall satisfy the lien or take one or more of the actions set forth above within ten (10) days of the giving of notice. 3. Hazard or Property Insurance Borrower shall keep the Improvements now existing or hereafter erected on the Property insured against loss by fire, hazards hvJuded within the term "extended coverage" and any other hazards. including floods or flooding, for which Lender or applicable law requires Insurance. This insurance shall be maintained in the amounts and for the periods that Lender, or applicable law requires. The Insurance carrier providing the insurance shag be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lenders rights in the Property In accordance with paragraph 7. C&C 58440#V0 OK1960PG1987 10111N1d 1M11 /l? dH AN insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lenders secxirity Is not lessened If the restoration or repair is not economically feasible or Lender's Security would be lesser d, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within thirty (30) days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds received by Lender to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due The thirty (30) day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments refenad to in paragraphs 1 end 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrowers right to any Insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds Unless Borrower's loan application and the Lender's loan approval provided that the Property was not required to be occupied as Borrower's principal residence. Borrower shall occupy, establish, and use the Property as Borrowers principal residence within sixty (60) days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing which consent shall not be unreasonable wnthheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or impair the Property. allow the Property to deteriorate or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal. is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially Impair the ben created by this Security Instrument or Lenders security Interest Borrower may cure such a default and reinstate, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeihx of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also 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 ban evidenced by the Note, including. but not limited to represerttatioris concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold. Borrower shall comply with all the provisions of the lease. If Borrower acquires tee We to the Property. the leasehold and the fee title shall not merge unless Lerxler agrees to the merger in wntmg 9K1960PG1988 patio 11103111§101111 IMIN RW 41-Y 7.4 Protection of Lender's Rights in the Property If Borrower fats to perform the covenants and agreements contained in this Security Instrument or there is a legal proceeding that may significantly affect Lenders rights in the Property (such as a proceeding in bankruptcy, probate for condemnation or forfeiture or to enforce laws or regulations). then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lender's actions may include paying any sums secured by a hen which has priority over this Security Instrument. paying real estate taxes, flood fturance and mortgage Insurance premiums, appearing in court, paying reasonable attorney fees. entering on the Property to make repairs, and paying property insurance premiums. 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 become additional debt of Borrower segued by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear Interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. a. Mortgage Insurance If Lender required mortgage insurance as a condition of making the loan evidenced by the Note and secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage Insurance coverage 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 effect, at a cost substantially equivalent to the cost to Borrower of the mortgage Insurance previously in effect, from an alternate mortgage insurer approved by lender. 9 substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss 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 loss reserve, until the requirement of mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shag give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation The proceeds of any award or claim for damages, direct or consequential, in oonnection with any condemnation or other taking of the Property, or any part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Unless Lender and Borrower otherwise agree in writing. any application of such proceeds which does not pay the sums secured by this Security Instrument In full, shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. BKI960PG1989 ftj?° 6 of 10 IN11 1®1 IlglstNININNI 11111 fH irl. Borrower Not Released; Forbearance by Lender Not a Waiver Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest, Lender shall not be required to commence proceedings against any sucoessar in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest Any forbearance by Lender in exercising any right or remedy. hereunder or under the Note, shall not be a walver of or preclude the exercise of any other right or remedy at that time, or of the same or any other right or remedy at any other time 12 Successors and Assigns Bound; Joint and Several Uablift Co-Signers The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 18(8) Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note, (a) is co-signing this Security Instrument only to mortgage. grant and convey that Borrower's Interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges if the loan seared by this Security instrument is subject to a law or regulation which sets maximum loan charges, and that law or regulation is finally interpreted so that the Interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits. then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit. end (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal. the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices Any notice to Borrower provided for In this Security Instnxnent shall be given by delivering it or by mailing it by first-class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first-class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. IMINNOnn IMIN BK 1960PG 1990 Ri /5# i5 Goveming Law; Severability This Security Instrument shall be governed by federal law including. N the Note so provides, the Altemetive Mortgage Transaction Parity Act of 1982 (12 U.S.C § 3801 et. seq ), and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note 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. Borrower's Copy Borrower acknowledges receipt of a conformed copy or a photocopy of the Note and of this Security Instrument. 17. Sale of Note; Change of Loan Servieer The Note or a partial Interest In the Note (together with this Security Instrument) may be sold one or more tines without prior notice to Borrower. A sale may result in a change In the entity (known as the "Loan Servieer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servieer unrelated to a sale of the Note. H there is a change of the Loan Servicer, Borrower will be given written notice of the change In accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 18. Hazardous 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 else to do, anything affecting the Property that is in violation of any Enronmental Law. The preceding two sentences shall not apply to the presence, use or storage on the Property of small quantities of Hazardous Substances that are 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 of private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower teams, or Is notified by any governmental or regulatory authority, that any removal or other remediayon 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 18, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 18, "Environmental Laws" means federal taws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. IMi®NI"O INNE1®0 Ill IN1111 10 1N1p1 loll /7 Li BK 1960PG 199 49. Lender's Rights If Borrower Faits to Keep Promises if any of the events or conditions described in subparagraphs (A), (B), or (C) of this paragraph 19 shall occur, Lender, after giving Borrower timely notice of Borrower's rights to cure as is then required by applicable law and Borrower's failure to cure within the time period set forth in such notice, may require Borrower to make Immediate Payment in Fun. If Lender requires Immediate Payment In Full, Lender may, without further demand, foreclose this Security Instrument by judicial proceeding Lender shall be entitled to collect all expenses incurred pursuing foreclosure including, but not limited to, attorney fees and cost of title evidence to the extent permitted by applicable law Subject to the applicable notice and cure provisions, If any, set forth above in this paragraph 19. Lender may require Immediate Payment in Full under this paragraph 19 if: (A) Borrower is in default under the terms of the Note; or (B) Alt or any part of the Property, or any interest in the Property is sold or transferred (or, if Borrower is not a natural person, N a beneficial interest In Borrower is sold or transferred) without Lender's prior written consent; or (C) Borrower fails to keep any other promise or agreement in this Security Instrument within the time set forth, or N no time is set forth in this Security Instrument then within the time set forth in the notice sent to Borrower by Lender, or if Borrower is otherwise in default under this Security Instrument, or if any of the covenants, representations and/or warranties made by Borrower in this Security instrument are not true and correct in any material respect or are otherwise breached by Borrower. 20. Releose Upon payment in full of all sums secured by this Security Instrument, Lender shall release this Security Inst ument. Borrower shall pay any recordation costs as permitted under Applicable Law. Lender may charge Borrower a fee for releasing this Security Instrument, but only 9 the fee Is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 21. Waivers Borrower, to the extent permitted by applicable law, waives and releases any errors or defects in proceedings to enforce this 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 sate, and homestead exemption. 22. Reinstatement Borrower's time to reinstate, to the extent, if any, provided in paragraph 19, shall extend to one hour prior to commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. CM: i ??11NINION111 1010MIN I M101111 loll HKI96OPG1992 0 - 4# 23. Purchase Money Mortgage If any of the debt secured by this Security Instrument Is tent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money moe 24. Interest Rote After Judgment Borrower agrees that the interest rate payable after a judgment Is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 25. Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shah amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security instrument NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIALBLE INTEREST RATE. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with It. IN WETNESS WHEREOF, Witness. has signed and sealed this Security Instrument. I hereby c that the precise address of the Lender (Mortgagee) is 2 GATEHALL DRIVE, PARSIPPANY, NJ OTOS4. On 8eha5 of the Lender Unk ettleme t Services By* uthorized Signor T'dle: ""'010011111111 IN10111 BK1960PG1993 4 f COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :ss } On this 1 ST day of JULY, 2006, before me 0?h44 Mdwv , the undersigned e officer. Personally appeared M HARL MARRI D, BARBARA kV&Ef MARRIED, known to me or s to be the persmlW whose name mare subscribed to the within instrumen and acknowledged that t e?„ V wm: AW the same for purposes therein contained. in Witness Whereof, I hereunto set my hand and of8aal seal. NOW^ aft Cwom QEIiR1? ftftv hAft ?h Corte A04" a ii¦i?ii?ia??o?n OK1960PG1994 No Pu is (,? My Commission Expires: 1111111 I?I,Y V 0 ? 9 I pop mi *' ww"--l vn ?w?? low rM V e ? ORDER # 979492 r EXHIBIT A ALL THAT PARCEL OF LAND IN BOROUGH OF MECHANICSBURG, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 264, PAGE 3283, ID# 16-2349366438, BEING KNOWN AND DESIGNATED AS METES AND BOUNDS PROPERTY. DEED FROM FEDERAL NATIONAL MORTGAGE ASSOCIATION, AKA, FANNIE MAE, A CORPORATION ORGANIZED UNDER AN ACT OF CONGRESS AND EXISTING PURSUANT TO THE FEDERAL NATIONAL MORTGAGE ASSOCIATION CHARTER ACT AS SET FORTH IN DEED BOOK 264, PAGE 3283 DATED 01IM "AND RECORDED Wn1=K CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. -eyl ify this to be recorded 1,mb- land County FA Recorder of Deeds Page 2 of 9 9 1 40. BI{l9bOPGl995 EXHIBIT 4t 95 CHAMPION MORTGAGE, 2 GATEHALL DRIVE. PARSIPPANY, NJ 07054 File # 207826579 Cust # 207672320 PENNSYLVANIA 5110 OR 5125 ADJUSTABLE RATE NOTE - FIRST ORSECOND LIEN (LIBOR sk Month index (as published in am woo 2t7leer.Jour?ref ) - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE UMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. JULY 21, 2006 MECHANICSBURG. PENNSYLVANIA 24 W LOCUST ST. MECHANICSBURG, PENNSYLVANIA The words or. "me" and W refer to borrower. The words "you" and "your' refer to the Note Holder. 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $84,000.00 (this amount Is called "Prindpal'), plus interest, to the order of the Lender. The Lender is CHAMPION MORTGAGE, A DIVISION OF KEYBANK NATIONAL ASSOCIATION I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The tender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is cabled the "Note Holder" 2. INTEREST I agree to pay Interest at an initial rate of 10.875% per year computed on the basis that a year consists of twelve (12) months, each containing thirty (30) days. Interest will be charged on unpaid principal until the full amount of ??. Prkkpal has been paid. The interest rate 1 will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and alter any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments 1 will pay principal and Interest by making a payment every month. I will make my monthly payment on the 26TH day of each month beginning on AUGUST 26, 2006. 1 will make these payments every month until JULY 26. 2036 on which date I will pay In full all the remaining principal and all accrued and unpaid interest and any other charges that I may owe under this Note or any mortgage securing this Note. Each regularly scheduled monthly payment I make will be applied test to accrued and unpaid interest, then to the outstanding principal balance and then to any other charges due under this Note or under any mortgage securing this Note. I understand and agree that interest will accrue, be computed and be collected for the period from one scheduled payment due date to the next on the assumption that each such payment period consists of thirty (30) days, regardless of the date on which my payment is actually received. I understand and agree that If you receive a payment after its due date and any applicable grace period, I will owe a late charge under paragraph 7(A) of this Note.6 CMC: PE/WiMVNAA SILO or m ARM Now - r o or SemW u«1. 722006 Pape I or 6 /Y# / om 10050730 I will make my monthly payments at P.O. BOX 15144, ALBANY, NY 122125144 or at a different place if required by the Note Holder. (e) Amount of My Initial Monthly Payments Each of my initial monthly payment will be in the amount of U.S. $792.03. This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my ban and in the Interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on JULY 26, 2011, and on that day every 6th month thereafter. Each date on which my interest rate could change is called a "Change Date' (B) The Index My first Interest rate will be a fixed rate as set by the Lender. Beginning with the first Change Date, my interest rate will be based on an Index The 'Index' is the interbank offered rate for six month U.S. dollar- denominated deposits in the London market ("LIBOR"), as published in the 'Money Rates" section of The Wa!! Sheet Joomal. The most recent Index figure available as of the date forty-five (45) days before each Change Date is called the "Current Index." If the Index Is no longer available, the Note Holder will chose a new index that is based upon comparable information. The Note Holder will give me notice of this change. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SIX AND 74511000 percentage (6.745%) points to the Current Max. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below. this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date In lull on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate 1 am required to pay at the first Change Date will not be greater than 13.875% or less than 7.875%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage (1%) point from the rate of interest I have been paying for the preceding six (6) months. My interest rate will never be greater than 16.875% ('lifetime cap"), and will never be lower than 6.745% ("floor"), during the tern of this loan. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mall to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will Include information required by law to be given me and also the title and telephone number of a person who will answer any question i may have regarding the notice CMC: P6MPMVLVAM 5"* or ern ARM Moo - Fret a wear Lwt anriooe Peps 2 of $ 0 Doa. we som '6'y / 5. BORROWER'S RIGHT TO MAKE PREPAYMENTS I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a'Prepayme V When I make a Prepayment, I will tell the Note Holier in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holler may apply my Prepayment to the accrued and unpaid Interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note If I make a partial Prepayment, there will be no changes In the due dates of my monthly payment unless the Note Holier agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an Interest rate increase 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally Interpreted so that the interest or other loan charges collected or to be collected in connection with this ban exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN (15) calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be THE LESSER OF $50.00 OR FIVE percent (5%) of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, l will be In default. (C) Notice of Default If I am In default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least thirty (30) days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when t am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorney fees. (F) Dishonored Check Charge I will pay a dishonored check fee of $20.00 to the Note Holder for each check or other instrument, or payment order, given in payment under this Note which is returned to the Note Holder unpaid. kC PBM nVANIASnOaVJ5ARMNote-Flata3e,m -Len: 12QON Ppe3d5 41 - Doc.t)ds" 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more than one person signs this Note. each person is fully and personally obligated to keep all of the promises made in this Note, induding the promise to pay the full amount owed. Any person who Is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Protest, Presentment and Notice of Dishonor. 'Protest" means an official certification of nonpayment "Presentment' means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. No change or cancellation of this (dote shall be effective unless the change or cancellation is in writing and has been signed by the Note Holder and me 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder ender this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrumenr" dated the same date as this Note, protects the Note Holder from possible losses which might result if i do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions 1 may be required to make Immediate payment in full of all amounts I owe under this Note. 12 RELEASE Upon payment in full of all sums secured by the Security Instrument, you will cancel the Security Instrument without charge to me. You will record such cancellation and pay any fee or cost imposed by a public office or official for such recording. If and as allowed by law, I agree to reimburse you for any fee or cost paid to a public office or official to record such cancellation. 13. APPLICABLE LAW Lender. KEYBANK NATIONAL ASSOCIATION, is a national bank located in the State of Ohio. Consequently, this Note is governed by the laws of the United States of America and the State of Ohio, whether or not I live in or execute this Note In said state This Note is entered into between Lender and me in, is accepted by Lender in and credit is extended to me from the State of Ohio The laws of the state where the real property securing this Note is located shall, however, govern the rights and obligations of Lender and me under, and all other terms and conditions of. the Security Instrument. CMc MNNMVNM 5110 or ells AM rya.- FoW or s.ooM uen. MOON //W P&W4 a s /W ow- 00 50750 NOTICE TO CO-SIGNER YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY. THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. DERSIGNED 11V'dness: WI-TN CMC: PFM&WVAPM Sn0 at &n ARM Net - nra or Sows tjM SWIM lfw Paps 5 d 5 Dma5" CHAMPION MORTGAGE, 2 GATEHAU. DRIVE, PARSIPPANY, NJ 07064 File # 207626579 Cust # 2D7672320 PENNSYLVANIA ADJUSTABLE RATE RIDER TO MORTGAGE NOTE Date of Note: JULY 21, 2006 Borrower(s) Name(s): MICHAEL HARLEY BARBARA HARLEM Secured Property Address: 24 W LOCUST ST MECHANICSBURG. PENNSYLVANIA Loan Amount: $84,000.00 In the event Lender has not received (at the previously designated funding location or the tenders ca Torate headquarters) and approved all of the documents and/or information which it requires to fund the above mentioned ban on JULY 26.2006, then this ken may be cancelled or funded at a later data, at the sole option of the tender. O the Lender chooses to fund this loan at a date subsequent to JULY 26. 2006 then. regardless of what appears elsewhere in the loan documents, the first payment will be due one month after the loan is funded. Future psyrnenb will be due on the some day of each month w the first payment Interest will be charged to the Applicant(s) beginning on the date money is disbursed by the Lender. The maturity date will be extended and will be 360 months from the dale of funding the loan. AN other termm as evidenced In the Mortgage Note, Security Instrument and other loan documents, remain the $ame. ACKNOWLEDGMENT We the appicent(s) have read and understand the contents of Iris Rider to Mortgage Dote and agree to its teems and conditions by signing and dating below. Date: + I `!e Date: + witness: C ,Nrj WfT'NE3 Champion Mortgage, 2 Gatehall Drive, Parsippany, NJ 07054 File # 207826579 Cust # 207672320 ADDENDUM TO NOTE (PREPAYMENT FEE) This Addendum to Note (the "Addendum") is made this 21ST day of JULY, 2006, and is incorporated into and shall be deemed to amend and supplement the Note in the original principal amount of EIGHTY FOUR THOUSAND AND 001100 ($84,000.00) made by the undersigned (the "Borrower") to CHAMPION MORTGAGE , A DIVISION OF KEYBANK NATIONAL ASSOCIATION and its su=essom, assigns and transferees (the "Lender"), dated the same date as thls Addendum (the 'Note'. The loan evidenced by the Note (the "Loan") is secured by a Mortgage, Deed of Trust, or Deed to Secure Debt of the same date (the "Security Instrument"). covering the property more fully described in the Security Instrument and located at 24 W LOCUST ST, MECHANICSBURG, PENNSYLVANIA (Property Address) Additional Covenants. In addition to the covenants and agreements made in the Note. Borrower further covenants and agrees as follows: Conditions for Prepayment; Prepayment Fee Borrower may prepay the entire unpaid principal balance of the Note by paying, in addition to the payment of principal, accrued interest and any other sums due Lender at the time of the prepayment, a prepayment fee in an amount equal to a percentage of the original principal balance. as follows: THREE percent (3.00096) of the original principal balance if such prepayment is made before the first (1") anniversary of the date of the Note; TWO percent (2 000%) of the original principal balance if such prepayment is made on or after the first (1 e) and before the second (2nd) anniversary of the date of the Note; ONE percent (1.00096) of the original principal balance N such prepayment is made on or after the second (2"d) and before the third (3'd anniversary of the date of the Note; No prepayment fee shall be required for a prepayment made on or after the THREE 0) anniversary of the date of the Note. However, if this loan is prepaid in full due to a refinance of the loan by KEYBANK NATIONAL ASSOCIATION ("KeySank") or one of its affrilates or subsidiaries, the prepayment fee shall be waived as long as KeyBank is the current owner of the ban at the time of the refinance transaction. If KeyBank sells this loan, KeyBank does not have the right to waive the prepayment fee, therefore the prepayment fee will remain due and owing according to the terms of the loan documents. xd A# CMC ALT wep pw FrA Addv4xn b NvW. 210 1d2 OM M0 rodeo VERIFICATION THOMAS I. PULED, ESQUIRE hereby states that he is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Plaintiff s Motion for Summary Judgment are true and correct to the best of his knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. L'4z'l"I" Th as I. Pule squire Attorney for Plaintiff PO L W A40 GOLDBECK McCAFFERTY & McKEEVER BY: THOMAS I. PULED, ESQUIRE Attorney I.D. #27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 ATTORNEY FOR PLAINTIFF CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 vs. BARBARA HARLEY and MICHAEL HARLEY Mortgagors and Record Owners 24 W. Locust Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 07-2484 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): MOTION FOR SUMMARY JUDGMENT 2. Identify counsel who will argue cases: (a) for plaintiff: Lee Haller, Esquire, 1719 N. Front Street Harrisburg, PA 17102 (b) for defendant: Fred Freitag, IV, Esquire, Greenfield Court, 1040 Fifth Avenue Pittsburgh PA 15219 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: June 28, 2007 Signature Thomas I Puleo Esquire Print your name ? <M h`' c, 0 :.. a i"il 5r' f' '.._ ':sal _ .7v N ;'rjtt? tTt GOLDBECK McCAFFERTY & MCKEEVER BY: THOMAS I. PULED, ESQUIRE Attorney I.D. #27615 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 VS. BARBARA HARLEY and MICHAEL HARLEY Mortgagors and Record Owners 24 W. Locust Street Mechanicsburg, PA 17055 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Term No. 07-2484 No. 07-2484 CERTIFICATE OF SERVICE OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Cheryl A. Dilchus, hereby certifies that she did serve true and correct copies of Plaintiffs Motion for Summary Judgment, Memorandum of Law in Support and all supporting papers by first class mail, postage pre-paid upon the following on the date listed below: Fred W. Freitag IV, Esquire Greenfield Court 1040 Fifth Avenue Pittsburgh, PA 15219 Cheryl A. Dilchus Sr. Litigation Paralegal Date: ? y SHERIFF'S RETURN - REGULAR . CASE NO: 2007-02484 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHAMPION MORTGAGE VS HARLEY BARBARA ET AL SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE HARLEY BARBARA DEFENDANT the , at 1026:00 HOURS, on the 4th day of May , 2007 at 24 W LOCUST STREET MECHANICSBURG, PA 17055 by handing to BARBARA HARLEY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 .00 i. I l ti l o'f L ?/ 3 7. 6 0 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 05/29/2007 GOLDBECK MCCAFFERTY MCKEEVER By)AD Z?? eputy e r i f f A.D. was served upon SHERIFF'S RETURN - REGULAR CASE NO: 2007-02484 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHAMPION MORTGAGE VS HARLEY BARBARA ET AL SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HARLEY MICHAEL the DEFENDANT , at 1026:00 HOURS, on the 4th day of May 2007 at 24 W LOCUST STREET MECHANICSBURG, PA 17055 by handing to BARBARA HARLEY, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 4)141&1 ? ? 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 05/29/2007 GOLDBECK MCCAFFERTY MCKEEVER By. A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02484 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHAMPION MORTGAGE VS HARLEY BARBARA ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT HARLEY BARBARA to wit: but was unable to locate Her deputized the sheriff of CHESTER in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On May 29th , 2007 , this office was in receipt of the attached return from CHESTER Sheriff's Costs: So answer Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas K1'ne Dep Chester County 39.52 Sheriff of Cumberland County Postage 2.31 66.83 ? f,?1y?d7 05/29/2007 GOLDBECK MCCAFFERTY MCKEEVER Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02484 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHAMPION MORTGAGE VS HARLEY BARBARA ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HARLEY MICHAEL but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of CHESTER County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On May 29th , 2007 , this office was in receipt of the attached return from CHESTER Sheriff's Costs: So ans r- . Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas K ine .00 Sheriff of Cumberland County .00 16.00 05/29/2007 GOLDBECK MCCAFFERTY MCKEEVER Sworn and subscribe to before me this day of , A. D. In The Court of Common Plea Chan ion mortgage ,,,??q ?(?????land County, Pennsylvania P VS. Date d 7Caa.ylef Barbara Harley et al O paid SERM: Bea H rley 33 3 No. 07-2484 civil Receipt No. 1 ac.f ?aV tO ePn!irP 5--- 30 - D 7 Now, May 1, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Chester County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thaa YAW" Affidavit of Service Now, , 20 , at within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT -? , r:, o'clock M. served tom:; _' c: cn A4 County, PA R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 BONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy Please mail return of service to Cumberland County Sheriff: Thank you. T0: Hon. Carolyn Welsh Chester County Sheriff Dear Sheriff: RE:. Champion. Mortgage VS Barbara.Harley et al 07-2484 civil Enclosed please find Notice and Complaint in Mortgage 'Foreclosure 1.- Barbara Harpy to be served upon 2. Michael Harley 208,Meadowlake Drive Downingtown,-PA 19335 in your County. Kindly make service thereof and send us your return of service. Very truly yours, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania Enclosures: In The Court of Common Pleas of Cumn 8r 4 d County, Pennsylvania Chanpion Mortgage SHERIFF'S , r _ - vs. Barbara Harley et al , : Michael Harley pa 07-2484 civil R/?I -) Now, May 1, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of r-1 County to execute this Writ, :>'+• a _ deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA -;? V, _ya Please mail return of service to Cumberland County Sheriff. Thaneyou. Affidavit of Service Now, within 20 , at o'clock M. served the upon W TTT aI at by handing to l , a ft >• C n copy of the original Cn and made known to the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA Chester R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 Please mail return of service to Cumberland County Sheriff: T0: Hon. Carolyn Welsh Chester County Sheriff RE:.Champion Mortgage VS Barbara. Harley: et al 07-2484 civil Dear Sheriff: Enclosed please find Notice and Complaint in Mortgage Foreclosure 1.- Barbara Harltby to be served upon 2. Michael Harley 208*Meadowlake Drive Dawninatown, - PA 19335 in your County. Kindly make service thereof and send us your return of service. Very ttvly yours, ' R. Thomas Kline, Sheriff Cumberland Coun y, Pennsylvania Enclosures: RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy Thank you. R. THOMAS KLINE Sheriff EDWARD L SCHORPP Solicitor A, It 396 ???'? mf ?u??ert 'All OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 ,,?A .zc SHEMFF' COSTS Date 7 7 $_.._/?? Paid Receipt 1•`110. -3 3 r, ? Last day to service .5" D 7 II, AL yeyONNY R. ANDERSON Chief Deputy ,.?. ?i,? r3 z JODY S. SMITH Real Estate Deputy Please mail return of service to Cumberland County Sheriff: Thank you. TO: Hon. Carolyn Welsh Chester County Sheriff Dear Sheriff: RE: , Champion Mortgage VS Barbara. Harley; et al 07-2484 civil Enclosed please find Notice and Complaint in Mortgage Tbreclosure . 1.• Barbara Har. to be served uvon 2. Michael Har 208,Meadowlake Drive Downinatown,-PA 19335 in your County. Kindly make service thereof and send us your return of service. s,Z( C 90'36^ Ala tew- cewD ?,Zl 2S tw very truly ?- yours, go& Ak. A,%0 MWOr4i q R. Thomas Kline, Sheriff Cumberland Count,, Pennsylvania i/ -Enclosures: 000 +-J 4- Office of the Prothonotary Cumberland County Curtis R. Long Prothonotary Fred Freitag, IV, Esquire Greenfield Court 1040 Fifth Avenue Pittsburgh, PA 15219 DATE: July 26, 2007 TO: Attorney Freitag: THIS IS TO NOTIFY YOU THAT CASE NUMBER 07-2484, Champion Mortgage, A division of Key Bank, NA, Successor to the interest of Champion Mortgage Co., Inc. VS. Barbara Harley & Michael Harley HAS BEEN LISTED FOR ARGUMENT ON August 15, 2007 Cumberland County Argument Court Rules 1028(c), 1034(a) and 1035.2(a) shall be strictly enforced. If the issue was listed for prior argument you must re-file your brief as per Local Rule 1028(c)10. Curtis R. Long Prothonotary CHAMPION MORTGAGE, A DIVISION : IN THE COURT OF COMMON PLEAS OF KEY BANK, NATIONAL ASSOCIATION,: CUMBERLAND COUNTY, PENNSYLVANIA SUCCESSOR TO THE INTERESTS OF: CHAMPION MORTGAGE CO., INC., 2929 Walden Avenue Depew, NY 14043 V. BARBARA HARLEY AND MICHAEL HARLEY, MORTGAGORS AND RECORD OWNERS, 24 West Locust Street Mechanicsburg, PA 17055 NO. 07-2484 CIVIL IN RE: MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY, J., AND EBERT, J. ORDER OF COURT AND NOW, this 17th day of August, 2007, upon consideration of Plaintiff's Motion for Summary Judgment and Defendant's Response, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiffs Motion is GRANTED; the Summary Judgment in Mortgage Foreclosure is hereby granted in favor of Plaintiff and against Defendants, with damages assessed in the amount of $96,401.95, together with interest from May 1, 2007, to the date of Sheriffs Sale at the rate of $25.01 per day, and for foreclosure and sale of the mortgaged premises. By the Court, -1?0? ?AA V M. L. Ebert, Jr., J. Thomas Puleo, Esquire Fred W. Freitag, IV, Esquire X&eo`° p• °zo• 0? bas 91--1-- ,?.1•i•?it ?'`?J1? 0 1 :s HV L I ZOAN LODZ Bild i s In the Court of Common Pleas of Cumberland County CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 Plaintiff vs. BARBARA HARLEY MICHAEL HARLEY (Mortgagor(s) and Record Owner(s)) 24 W. Locust Street Mechanicsburg, PA 17055 Defendant(s) PRAECIPE FOR JUDGMENT No. 07-2484 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against BARBARA HARLEY and MICHAEL HARLEY IN ACCORDANCE WITH THE SUMMARY JUDGMENT ORDER DATED AUGUST 17, 2007. Assess damages as follows: Debt interest from 05/01/2007 to Date of Sale Total (Assessment of Damages attached) $96,401.95 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAR-!.FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mail eyed to the party against whom judgment is to be entered and to his attorney of record, if any, after the default oc d at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 7o0h . Goldbeck, Jr. Aftomej for Plaintiff I.D. 6132 AND NOW ?zg , Judgment is entered in favor of CHAMPION MORTGAGE, VISION F KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. and against BARBARA HARLEY and MICHAEL HARLEY IN ACCORDANCE WITH THE SUMMARY JUDGMENT ORDER DATED AUGUST 17, 2007 and damages assessed in the sum of $96,401.95 as per the above certification. S P thonotary KEY-0007 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: June 7, 2007 TO: BARBARA HART •EY 24 W. Locust Stred Mochanicsbar& PA 17055 CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE ufrERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 Plaintiff Vs. BARBARA HARLEY MICHAEL HARLEY {Mortgagor(s) and Record Owner(s)) 24 W. Locust Street Mechanicsburg, PA 17055 Defendant(s) TO: BARBARA HARLEY 24 W. Locust Straet Mechanicsburg, PA 17055 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 07-2484 IMPORTANT MO TiC_'F. 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 OBJECTYONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LASE YOUR PROPERTY OR OTHER R&ORTAMF RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. LEGAL SERVICES INC 8 hvine Raw Carlisle, PA 17013 717-243.9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 lj7xq Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & MdKEEVER BY: Joseph. A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 KEY-0007 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAIMM FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: Jane 7, 2007 TO: MICHAEL. HARLEY 24 W. Locust Strxt Mechanicsburg, PA 17055 CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE DMUSTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 Plaintiff VS. BARBARA HARLEY MICHAEL HARLEY (Mortgagor(s) and Record Owner(s)) 24 W. Locust Street Mechanicsburg, PA 17055 Defendant(s) TO: MICHAEL BARLEY 24 W. Locust Sbed Mechanicsburg, PA 17055 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 07-2484 YNnMRTANT N[ITYC'R YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FLLE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU -SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE. ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES 1NC 8 Lvim Row Cadi&K PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 L'bady Avenge Car is* PA 17013 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, BARBARA HARLEY, is about unknown years of age, that Defendant's last known residence is C/O FRED W. FREITAG, IV, ESQUIRE1041 APPLEJACK DRIVE, GIBSONIA, PA 15044, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: . VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, MICHAEL HARLEY, is about unknown years of age, that Defendant's last known residence is C/O FRED W. FREITAG, IV, ESQUIRE1041 APPLEJACK DRIVE, GIBSONIA, PA 15044, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date:- . . . GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 Plaintiff VS. BARBARA HARLEY MICHAEL HARLEY (Mortgagor(s) and Record owner(s)) 24 W. Locust Street Mechanicsburg, PA 17055 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 07-2484 ORDER FOR JUDGMENT Please enter Judgment in favor of CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC., and against BARBARA HARLEY and MICHAEL HARLEY IN ACCORDANCE WITH THE SUMMARY JUDGMENT ORDER DATED AUGUST 17, 2007, in the sum of $96,401.95. Sldbeck, Jr. Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 and.that the name(s) and last known address(es) of the Defendant(s) is/are BARBARA HARLEY, C/O FRED W. FREITAG, IV, ESQUIRE 1041 APPLEJACK DRIVE GIBSONIA, PA 15044 and MICHAEL HARLEY, C/O FRED W. FREITAG, IV, ESQUIRE 1041 APPLEJACK DRIVE GIBSONIA, PA 15044; )(4cCAFFERTY & McKEEVER 1 Goldbeck, Jr. Plaintiff 1 X 1 4 ? 1 ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 08/27/2006 through 04/30/2007 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Corporate Advance $83,969.22 $6,177.47 $4,198.46 $316.80 $900.00 $840.00 $96,401.95 ]CBE cCAFFERTY & McKEEVER Josep Goldbeck, Jr. ornev f r Plaintiff AND NOW, this day of , 2007 damages are assessed as above. Y-0 Prothy r 'A CV ? m Ti ? LA3 -?C rC a - , . Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 Plaintiff No. 07-2484 VS. BARBARA HARLEY MICHAEL HARLEY (Mortgagors and Record Owner(s)) 24 W. Locust Street Mechanicsburg, PA 17055 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By: Allis", 1?ft I}I[? Deputy" If you have any questions concerning the above, please contact: 8/90/0,7 Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 I if PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 Plaintiff VS. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE BARBARA HARLEY MICHAEL HARLEY Mortgagor(s) and Record Owner(s) 24 W. Locust Street Mechanicsburg, PA 17055 Defendant(s) No. 07-2484 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 05/01/2007 to Date of Sale at 10.8750% (Costs to be added) $96,401.95 fi K MCCAFFERTY & McKEEVER sep A. Goldbeck, Jr. By. Attorney r Plaintiff f ?. 0 U OU? WW ,b.d W ' vac ?"a O OtJ?W Q ? O N A F CCy pQ O ?+ ?-+ "O N ?r W d0? > ..J? ? p ?Q of ??. C7?? F+ ?N v W 'CvQi Lin O z .? a ?o z x U Rim t; ra - )4 r, C Q C C 6 C 8c ?' }gym ID 1 ? ? ? 1 `? ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland and Street of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at the corner of West Locust Street and Lamont Alley; thence by Lamont Alley in a northerly direction, 93.00 feet to Stouffer Alley; thence by Stouffer Alley in an easterly direction, 35.00 feet, more or less, to lands now or formerly of Snyder; thence by lands now or formerly of Snyder in a southerly direction, 93.00 feet to a point on the western line of Locust Street; thence by the western line of Locust Street in a westerly direction, 35.00 feet, more or less, to a point, the place of BEGINNING. HAVING THEREOF erected a two-story frame dwelling known and numbered as 24 West Locust Street, Mechanicsburg, Pennsylvania. IMPROVEMENTS consist of a residential dwelling. BEINGPREMISES: 24 W. Locust Street Mechanicsburg, PA 17055 SOLD as the property of BARBARA HARLEY and MICHAEL HARLEY TAX PARCEL #16-23-0565-038 AV, ; Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 Plaintiff VS. BARBARA HARLEY MICHAEL HARLEY (Mortgagor(s) and Record Owner(s)) 24 W. Locust Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 07-2484 AFFIDAVIT PURSUANT TO RULE 3129 CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 24 W. Locust Street Mechanicsburg, PA 17055 I.Name and address of Owner(s) or Reputed Owner(s): BARBARA HARLEY C/O FRED W. FREITAG, IV, ESQUIRE 1041 APPLEJACK DRIVE GIBSONIA, PA 15044 MICHAEL HARLEY C/O FRED W. FREITAG, IV, ESQUIRE 1041 APPLEJACK DRIVE GIBSONIA, PA 15044 2. Name and address of Defendant(s) in the judgment: BARBARA HARLEY C/O FRED W. FREITAG, IV, ESQUIRE 1041 APPLEJACK DRIVE GIBSONIA, PA 15044 MICHAEL HARLEY C/O FRED W. FREITAG, IV, ESQUIRE 1041 APPLEJACK DRIVE GIBSONIA, PA 15044 OF I 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 UNITED STATES OF AMERICA Suite 220, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108 U.S. DEPARTMENT OF THE TREASURY Philadelphia, PA 19100 UNITED STATES DEPT. OF THE TREASURY 129 FINANCE BUILDING HARRISBURG, PA 17120 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 24 W. Locust Street Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: August 28, 2007 L CK McCAFFERTY & D : Jos *h A. Goldbeck, Jr., Esq. orn for Plaintiff i C? 0 -r =4 07-2484 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff VS. BARBARA HARLEY MICHAEL HARLEY Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 24 W. Locust Street Mechanicsburg, PA 17055 Term No. 07-2484 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: HARLEY, BARBARA BARBARA HARLEY C/O FRED W. FREITAG, IV, ESQUIRE 1041 APPLEJACK DRIVE GIBSONIA, PA 15044 Your house at 24 W. Locust Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $96,401.95 obtained by CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 07-2484 1. The sale will be cancelled if you pay to CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 3 07-2484 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of KEY-0007. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 07-2484 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck,,Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 Plaintiff VS. BARBARA HARLEY MICHAEL HARLEY Mortgagor(s) and Record Owner(s) 24 W. Locust Street Mechanicsburg, PA 17055 Defendants; of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-2484 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: HAnEY, MICHAEL MICHAEL HARLEY C/O FRED W. FREITAG, IV, ESQUIRE 1041 APPLEJACK DRIVE GIBSONIA, PA 15044 Your house at 24 W. Locust Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $96,401.95 obtained by CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS To prevent this Sheriffs Sale you must take immediate action: 07-2484 1. The sale will be cancelled if you pay to CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 07-2484 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options.. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll flee number at 1-866-413-2311 or via email at homeretentionfa goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of KEY-0007. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 Plaintiff VS. BARBARA HARLEY MICHAEL HARLEY Mortgagor(s) and Record Owner(s) 24 W. Locust Street Mechanicsburg, PA 17055 Defendant(s) CERTIFICATION AS TO THE SALE OF REAL PROPERTY NO. 07-2484 I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Goldbeck, Jr. for plaintiff C7 O c -n rn tt ' N F }? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2484 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC., Plaintiff (s) From BARBARA HARLEY AND MICHAEL HARLEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is.found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$%,401.95 L.L. $.50 Interest FROM 5/1/07 TO DATE OF SALE AT 10.8750% Atty's Comm % Due Prothy $2.00 Atty Paid $255.43 Plaintiff Paid Date: AUGUST 29, 2007 (Seal) REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Other Costs Deputy GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff KEY-0007 CF: 04/30/2007 SD: 12/05/2007 $96,401.95 CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 Plaintiff BARBARA HARLEY MICHAEL HARLEY Mortgagor(s) and Record Owner(s) 24 W. Locust Street Mechanicsburg, PA 17055 vs. Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Term No. 07-2484 Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE ectfully submitted, Joseph A. Goldbeck, Jr. Attorney for Plaintiff I odrz sy4zooo go az? a 004 wt za LO 0,40 009 d ? d ffi 0 to Q t: t; d w r Iva da O sv? ?aU1 Tff.. 96 E o .. O u Q ? w I U = O (? tp o w 01 'it rZr ?Z 4164 p:a o. a co 0, u. m o_ ,r. - th ?... wQ wmd U to Q' U ?,? .N N OiQ ?yy w m ? O ? W ct? o Qm o? a?°°odti ?7 O '0 r Z W N ?a N ?!attb? 4 6 m t I t-- a m n r 0 V C? Z C6 1 Cb N O r 4 O N i l?- z z a. c? oa W Q. s o a ? D x CD GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 Plaintiff VS. BARBARA HARLEY MICHAEL HARLEY Mortgagor(s) and Record Owner(s) 24 W. Locust Street Mechanicsburg, PA 17055 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 Term No. 07-2484 CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as. of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 24 W. Locust Street Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): BARBARA HARLEY C/O FRED W. FREITAG, IV, ESQUIRE 1041 APPLEJACK DRIVE GIBSONIA, PA 15044 MICHAEL HARLEY C/O FRED W. FREITAG, IV, ESQUIRE 1041 APPLEJACK DRIVE GIBSONIA, PA 15044 2. Name and address of Defendant(s) in the judgment: BARBARA HARLEY C/O FRED W. FREITAG, IV, ESQUIRE 1041 APPLEJACK DRIVE GIBSONIA, PA 15044 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE y '011?. {. MICHAEL HARLEY C/O FRED W. FREITAG, IV, ESQUIRE 1041 APPLEJACK DRIVE GIBSONIA, PA 15044 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 UNITED STATES OF AMERICA Suite 220, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108 U.S. DEPARTMENT OF THE TREASURY Philadelphia, PA 19100 UNITED STATES DEPT. OF THE TREASURY 129 FINANCE BUILDING HARRISBURG, PA 17120 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Fred W. Freitag IV, Esquire Greenfield Court 1040 Fifth Avenue Pittsburgh, PA 15219 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 24 W. Locust Street Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: October 26, 2007 G BECK Mc AFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff ?' ?. -?+ . ? ?? ?? .., ' '' .... .? -n ?? .? ? -> ? ? ?? ?? ?? ?, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Beneficial C E C dba Beneficial Mtg Co of Pa is the grantee the same having been sold to said grantee on the 5th day of Dec A.D., 2007, under and by virtue of a writ Execution issued on the 29th day of Aug, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 2484, at the suit of Champion Mtg against Barbara harley & Michael Harley is duly recorded as Instrument Number 200746884. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 4?- 6 day of 0- '?- , A.D. `?207 Recorder of Deeds ANWL* of Dwit. Currftr" County. CNN, PA My OW"M EOW to FW MwWay of jw 2010 • 4. Champion Mortgage, a Division of Key Bank, In the Court of Common Pleas of National Association, Successor to the Interest Cumberland County, Pennsylvania Of Champion Mortgage Co., Inc. Writ No. 2007-2484 Civil Term VS Barbara Harley and Michael Harley Cpl. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1056 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Barbara Harley and Michael Harley located at 24 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Barbara Harley and Michael Harley by regular mail to their last known address of c/o Fred W. Freitag, IV, Esquire, 1041 Applejack Drive, Gibsonia, PA 15044. These letters were mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck, on behalf of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania. It being the highest bid and best price received for the same, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania, of 2929 Walden Avenue, Depew, NY 14043, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $912.56. Sheriffs Costs: Docketing $30.00 Poundage 17.85 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 9.60 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 283.19 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriffs Deed 41.50 $ 912.56 ." g U CIO So Answers: R. Thomas Kline; Sheriff BY Real Estate rgeant Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 Plaintiff VS. BARBARA HARLEY MICHAEL HARLEY (Mortgagor(s) and Record Owner(s)) 24 W. Locust Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 07-2484 AFFIDAVIT PURSUANT TO RULE 3129 CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 24 W. Locust Street Mechanicsburg, PA 17055 1.Name and address of Owner(s) or Reputed Owner(s): BARBARA HARLEY C/O FRED W. FREITAG, IV, ESQUIRE 1041 APPLEJACK DRIVE GIBSONIA, PA 15044 MICHAEL HARLEY C/O FRED W. FREITAG, IV, ESQUIRE 1041 APPLEJACK DRIVE GIBSONIA, PA 15044 2. Name and address of Defendant(s) in the judgment: BARBARA HARLEY C/O FRED W. FREITAG, IV, ESQUIRE 1041 APPLEJACK DRIVE GIBSONIA, PA 15044 MICHAEL HARLEY C/O FRED W. FREITAG, IV, ESQUIRE 1041 APPLEJACK DRIVE GIBSONIA, PA 15044 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 UNITED STATES OF AMERICA Suite 220, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108 U.S. DEPARTMENT OF THE TREASURY Philadelphia, PA 19100 UNITED STATES DEPT. OF THE TREASURY 129 FINANCE BUILDING HARRISBURG, PA 17120 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 24 W. Locust Street Mechanicsburg, PA 17055 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. n DATED: Auy-ust 28, 2007 ?CK McCAFFERTY & McKEEVER ph A. Goldbeck, Jr., Esq. for Plaintiff 07-2484 GOLDBECK MCCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 Plaintiff VS. BARBARA HARLEY MICHAEL HARLEY Mortgagor(s) and Record Owner(s) 24 W. Locust Street Mechanicsburg, PA 17055 of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-2484 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: HARLEY, MICHAEL MICHAEL HARLEY C/O FRED W. FREITAG, IV, ESQUIRE 1041 APPLEJACK DRIVE GIBSONIA, PA 15044 Your house at 24 W. Locust Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $96,401.95 obtained by CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS To prevent this Sheriffs Sale you must take immediate action: 07-2484 1. The sale will be cancelled if you pay to CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 07-2484 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionCa?goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of KEY-0007. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 07-2484 GOLDBECK WCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043 Plaintiff VS. BARBARA HARLEY MICHAEL HARLEY Mortgagor(s) and Record Owner(s) 24 W. Locust Street Mechanicsburg, PA 17055 Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-2484 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: HARLEY, BARBARA BARBARA HARLEY C/O FRED W. FREITAG, IV, ESQUIRE 1041 APPLEJACK DRIVE GIBSONIA, PA 15044 Your house at 24 W. Locust Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on Wednesday, December 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $96,401.95 obtained by CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS To prevent this Sheriffs Sale you must take immediate action: 07-2484 1. The sale will be cancelled if you pay to CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 07-2484 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(7d,goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of KEY-0007. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland and Street of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at the corner of West Locust Street and Lamont Alley; thence by Lamont Alley in a northerly direction, 93.00 feet to Stouffer Alley; thence by Stouffer Alley in an easterly direction, 35.00 feet, more or less, to lands now or formerly of Snyder; thence by lands now or formerly of Snyder in a southerly direction, 93.00 feet to a point on the western line of Locust Street; thence by the western line of Locust Street in a westerly direction, 35.00 feet, more or less, to a point, the place of BEGINNING. HAVING THEREOF erected a two-story frame dwelling known and numbered as 24 West Locust Street, Mechanicsburg, Pennsylvania. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 24 W. Locust Street Mechanicsburg, PA 17055 SOLD as the property of BARBARA HARLEY and MICHAEL HARLEY TAX PARCEL #16-23-0565-038 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-2484 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC., Plaintiff (s) From BARBARA HARLEY AND MICHAEL HARLEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$96,401.95 L.L. $.50 Interest FROM 5/1/07 TO DATE OF SALE AT 10.8750% Atty's Comm % Due Prothy $2.00 Atty Paid $255.43 Other Costs Plaintiff Paid Date: AUGUST 29, 2007 (Seal) REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Deputy Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 67 On September 6, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 24 W Locust Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 6, 2007 By: fo Real Estate Sergeant ' r ?'L,l . TI?p. Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the PNow you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/24/07 10/31/07 11/07/07 aF rorit tb ? ' Sworn to a d s scribed b e me this 30 day of November, 2007 A.D. tary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seat James L. Clark. Notary Public City Of HamsbM, Dauphin County My (commission Expires Jane 2, 2008 Member. Pennsylvania Association of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 67 :?L_ Writ No. 2007-2484 Civil Champion Mortgage, a Division Of L?' aMarie Coyne, Edtor Key Bank, National Association, I Successor to the Interest of SWORN TO AND SUBSCRIBED before me this Champion Mortgage Co., Inc. vs 9 day of November, 2007 . Barbara Harley and Michael Harley ` Atty.: Joseph Goldbeck DESCRIPTION ALL THAT CERTAIN piece or par- Notary cel of land situate in the Borough of Mechanicsburg, County of Cum- berland and Street of Pennsylvania, bounded and described as follows, to wit: NOTARIAL SEAL EA BEGINNING at a point at the corner of West Locust Street and DEBORAH A COLLINS Lamont Alley; thence Lamont Alley Public Notary io in a northerly direction, 93.00 feet CARLISLE BORO . CUMB RLAND COUNTY to Stouffer Alley; thence by Stouffer My Commission Expires Apf 28, 2010 Alley in an easterly direction, 35.00 Assignment of Bid NO. 07-2484 - HARLEY 24 W. Locust Street Mechanicsburg, PA 17055 I, Joseph A. Goldbeck, Jr., Esquire, as attorney for the successful bidder, hereby assign my bid at the Sheriff Sale dated December 05, 2007 to: CHAMPION MORTGAGE, A DIVISION OF KEY BANK, NATIONAL ASSOCIATION, SUCCESSOR TO THE INTERESTS OF CHAMPION MORTGAGE CO., INC. 2929 Walden Avenue Depew, NY 14043BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE Co. of PENNSYLVANIA 2929 Walden Avenue Depew, NY 14043 GOLDBECK MCCAFFERTY & MCKEEVER Date: December 6, 2007 JOSEPH A. GOLDBECK, JR.