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07-2534
Pluese, Becker & Saltzman, LLC Robert F. Thomas, Esquire Attorney Identification No.: 70206 20000 Horizon Way, Ste 900 Mt. Laurel, NJ 08054 (856) 813-1700 Attorneys for Plaintiff SOVEREIGN BANK Vk/a HARRIS SAVINGS BANK Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY ca - a 53 y C???l, I ?i?- , JEANETTE F. SMITH Defendants. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH N THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING THE W RITING W ITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF, YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GOT TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1/800-990-9108 NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, LISTED TIENE (20) DIAS DE PLAZO A PARTtR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA 0 EN PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE SUS DEFENSAS 0 SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO 0 NOTIFICACION 0 FOR CUALQIER QUEJA 0 ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO, SUS PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADOO SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SER VICIO, VAYA EN PERSONA 0 LLAMEPOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1/800-990-9108 t 11 CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE 1. The Plaintiff, Sovereign Bank f/k/a Harris Savings Bank is a corporation having been organized under the laws of the United States of America and having its principal place of business at 601 Penn Street, Reading, PA 19601. 2. (a) Defendant, Jeanette F. Smith, is an individual whose last known address is 18 Farm House Lane, Camp Hill, PA 17011. (b) Defendant, Jeanette F. Smith holds an interest in the subject property as mortgagor and record owner. (c) If any of the above named Defendants are deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through their estate whether the estate is probated. 3. (a) The subject mortgage (the "Mortgage") is described as follows: Mortgage executed on: December 18, 1998 Mortgage recorded on: December 24, 1998 in Record Book 1508, page 892. County of: Cumberland See Exhibit "A," Note and Mortgage. (b) The Mortgage encumbers property (the "Subject Property") located at: 318 Pitt Street, Enola, PA 17025. (c) The "legal" description of the Subject Property, expressed in metes and bounds, is incorporated in the Mortgage. See Exhibit "A," Mortgage. 4. The requisite pre-foreclosure Combined "Act" Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". 5. The Mortgage is in default (the "Default") because the Defendant(s) failed to timely tender the monthly payment of $345.96 due and/or to be applied to the payment due October 1, 2006 (the "Default Date"), and thereafter failed to make the monthly payments. 6. Pursuant to the terms of the Mortgage, the secured loan obligation has been accelerated. 7. By reason of the foregoing Default, Plaintiff respectfully requests entry of judgment in rem incorporating the following sums: (a) Outstanding Principal Balance $29,138.50 (b) Interest due and owing at the rate of 5.375% calculated from the Default Date through April 30, 2007. Interest will continue to accrue at the per diem rate of $4.23 through the date of entry of Judgment in rem. $1,030.77 (c) Attorneys' fees $1,250.00 (d) Title Search $367.00 (e) Escrow Due $129.23 (f) Late Charges $66.01 (g) Lien Search $70.00 (h) Payoff Processing Fee $25.00 (i) Satisfaction Fee $27.00 0) Inspection Fee $21.50 (k) FHA Premium Due HUD $37.40 (1) Optional Insurance $124.96 (m) Bankruptcy/ Foreclosure Fees $800.00 (n) Property Maintenance $261.00 TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $33,348.37 8. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated or satisfied prior to the Sale, reasonable attorneys' fees will be charged. WHEREFORE, the Plaintiff respectfully requests the following relief: -- Entry of Judgment in rem against the Defendants in the total amount of $33,348.37 as previously itemized, plus al additional interest and other charges accruing through date of Judgment; debarring and foreclosing the Defendant(s), and any person or entity holding or claiming under him/her/them, j/s/a, from the equity of redemption; foreclosure of the Mortgage and issuance of a Writ of Execution providing for Sheriff's Sale of the Subject Property. Respectfully Submitted, Pluese, By: r?oey" Thomas, Esquire A for Plaintiff A I.D. . No. 70206 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054-4318 telephone: 856-813-1700 email: rthomas@pbslaw.org NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, ((be act), 15 U.S.C. SECTION 1601 AS AMENDED To the extent the act may apply, please be advised of the following: 1. The amount of the original debt is stated in paragraph one of the Complaint attached hereto 2. The Plaintiff who is named in the attached Notice to Plead and Complaint is the Creditor to whom the debt is owed. 3. The debt described in the Complaint attached hereto and evidenced by the copy of the mortgage/note will be assumed to be valid by the Creditor's law firm, unless the Debtor(s), within thirty days after receipt of this notice, disputes, in writing, the validity of the debt or some portion thereof. 4. if the Debtor notifies the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm. 5. If the Creditor who is named as Plaintiff in the attached Notice to Plead and Complaint is not the original creditor, and if the Debtor makes written request to the Creditor's law firm within twenty (20) days from the receipt of this Notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law firm. 6. Written request should be addressed to Pluese, Becker & Saltzman, LLC 20000 Horizon Way Suite 900 Mt Laurel, New Jersey 08054.. Attention: Rob Saltzman, Esquire VERIFICATION The undersigned, a foreclosure processor of Sovereign Bank, the instant Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are taken from the records maintained by said persons supervised by the undersigned who maintain the business records of the Mortgage held by the Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa C.S.A. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: '511 lb 17 BY: -"L'K -- Name: Michele Heck Title: Foreclosure Administrator ,r ?- L, IiJ i , r9 r 23 BPI 10 38 0'3,5 10 Q .51OSFS (Space Above This Line For Recording Data) MORTGAGE THIS MORTGAGE (`Security Instrument") is given on ......1)lronher............ 1A................................ 1998.•...... .. The mortgagor is .............. _............... ?P.aoett..e.E.S fJ.111h................................................................................................................................................................. ............................................................................................................................................................................................................................................................ . .......................................................5.4. AAgaLQ.R.QNd.....Eflda..PA.1.7.Q25................................................................................................ („Borrower"). .. This Security Instrument is given to .... .................... H.arrlS..$.ayjng.S.81.Ok..................................................... .............. ....................... ............ ..... ........................ - ............................................................................................................................................................................................................................................................... which is organized and existing under the laws of .......P.IRrlrlsyjV.anla ................................. and whose address is .............................................. ................... ...........P..Q-5..00.7..1 ................................... ......Kardsburg2A...1.7..1.Q5............................................................................................... ("Lender"). Borrower owes Lender the principal sum of ................. T.hlr.Ky.Thre.P..Th.QuA and..$.Q\(O.O..Hunthred.1pd..QA./1.QQ............................................................... ). ..................................................................................................................................................................... Dollars (U.S. $ _311701,10.0 ............................. This debt is evidenced by Borrower's note dated the same date as this Security Instrument ('Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on ....Q1./.Q1 ?29 ............................................................... 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 all 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 Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in ......................... Gumbedalld........................... County, Pennsylvania: CL IC O rT1 C_ N p-+ c which has the address of ..........1.a.P1.51feet ............................................................................ .............................. h'.......:-r..:.:.:..._.........., [Street] [Ci? - 1 Pennsylvania ..............17Q25.................................. ("Property Address"); [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised 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 title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. PENNSYLVANIA-Single Family-FNMA/FHLMC UNIFORM INSTRUMENT Page 1 of 5 pages Form 3039 9/90 PA01.FRM (03/91) FiTECH (10/98) Harris BOOK 1S081AGE .192 t UNIFt7RM COVENANTS. Borrower and Lender covenant and agree as follows: 1. PayNnent of Principal and Interest; Prepayment and Late Charges. 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. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds') 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 called "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 loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. S 260¢et seq. (" RESPX), 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 amount. 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 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 this loan, 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. 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 by applicable law, Lender shall 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 anytime 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 full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell 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 secured by this Security Instrument. 3. Application Of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay 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. Borrower 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 furnish to Lender'all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly. Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien 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 lien 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 lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard Or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's 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 Lender's rights in the Property in accordance with paragraph 7, All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to 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 Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, 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 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 to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 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 referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's 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. PA011.FRM (03/91) RTECH Page 2 of 5 pages Form 3039 9190 BOOK 1538 PAGE .893 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence*iuithio sixty:days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's 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 lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture 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 loan evidenced by the Note, including, but not limited to, representations 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 fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's 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 Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. 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 secured 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. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the 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. If 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 for 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 shall 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, director consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given. Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. 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 referred to in paragraphs 1 and 2 or change the amount of such payments. 11. 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 successor 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 shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; 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 17. 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 secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the 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; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by PA012.FRM (03/91) FiTECH Page 3 of 5 pages Form 3039 9/90 P491 138 FACE X894 reducing-the principal owed under the Note or by makipg a.direct payment to Borrower. If a refund reduces principal, the reduction will be Seated as a partial prepayment without any.prepayinent'dharge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument 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. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law 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 shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the 'Loan Servicer') that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 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. 20. 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 Environmental 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 or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined 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 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error 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 sale, and homestead exemption. PA013.FRM (03191) FfTECH - Page 4 of 5 pages Form 3039 9/90 BOOK50$ PAGE .895 24: Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After 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. 27. 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 shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)) ? Adjustable Rate Rider ? Condominium Rider ? 1-4 Family Rider ? Graduated Payment Rider ? Planned Unit Development Rider ? Biweekly Payment Rider ? Balloon Rider ? Rate Improvement Rider ? Second Home Rider ? Other(s) [specify) 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. Witnesses?__*N ................................ ............./: ..'....,............... .? ! Y/ ..... ....................(Seal) *'hette Smith -Borrower Social Security Numb.1..;_20.)...W.!(!.... `(.. ! .................... ............................................................................................... (Seal) -Borrower Social Security Number ......................................................................... ............................................................................................................. (Seal) -Borrower Social Security Number ......................................................................... ............................................................................................................ (Seal) -Borrower Social Security Number ......................................................................... [Space Below This Line For Acknowledgment] COMMONWEALTH OF PENNSYLVANIA ) )SS COUNTY OF PERRY ) On this the 18th day of December 1998, before me, the undersigned officer, personally appeared Jeanette F. Smith, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My Commission. Expire.; NOTANALSEAL MAN EtEAN R CAMMAk Pbtory Pubric Dunwnnon Born, Perry County, PA My Canngssion Expires May 18, 2001 PA014.FRM (03/91) FFrECH Page 5 of 5 pages Form 3039 9190 BOOK 1508. PAGE, Z-96 ALL that certain piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of Pitt Street at or opposite the center of the partition wall dividing properties known as No. 320 and No. 318 Pitt Street, said point being forty-five (45) feet east of the southeast corner of the intersection of Pitt Street and Carlisle Avenue; thence southwardly through the center of the partition wall dividing properties known as No. 320 and No. 318 Pitt Street and beyond, one hundred fifty (150) feet to a point in the northern line of a ten (10) feet wide alley; thence eastwardly along the northern line of said ten (10) feet wide alley forty-five (45) feet to land now or formerly of J. R. Bender; thence northwardly along said Bender land one hundred fifty (150) feet to a point in the southern line of Pitt Street; thence westwardly along the southern line of Pitt Street forty-five (45) feet to a point, the place of BEGINNING. BEING the same premises which Cheryl L. Kautz, Executrix of the Last Will and Testament of Stella Elizabeth Sorg, also known as Elizabeth Sorg, deceased, and Cheryl L. Kautz, individaully, and Louis Sorg, Jr. and Esther Sorg, his wife, and Stacy Lynn Kautz, now by reason of marriage, Stacy Lynn Weiser and David Weiser, her husband, by their deed dated December 18, 1998 and recorded in Cumberland County Deed Book 'ji Page 1 , granted and conveyed unto Jeanette F. Smith, Mortgagor ?herein. State of Pennsylvania j 86 County of Cumberland orde in the office for the recording of Deads n and for Cu erland County, P nook Vol. J Page- t rriy hand and seal of office of isle, PA this?day of 19---l U Recorder BOOK 1508 FAGS 4_97 - 1?2v NOTE 9/ December 18 1998 Duncannon Pennsylvania (Date) [City] (State] 318 Pitt Street Enola, PA 17025 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 33,700.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is Harris Savings Bank I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive pay- ments. under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 5.375 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(13) of this Note. 3. PAYMENTS (A) TIME AND PLACE OF PAYMENTS I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on February 1 1999 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on 01 /01 /29 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at P. O. BOX 1711 Harrisburg, PA 17105 or at a different place if required by the Note Holder. (B) AMOUNT OF MONTHLY PAYMENTS My monthly payment will be in the amount of U.S. $ 188.71 4. BORROWER'S RIGHT TO PREPAY 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 "prepayment." When 1 make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES H a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges col- lected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be re- funded 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. 6. 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 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 5.000 96 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 1 do not pay the full amount of each monthly payment on the date it is due, I 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 30 days after the date on which the notice is delivered or mailed to me. (D) NO WAIVER BY NOTE HOLDER Even if, at a time when I 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's fees. 7. 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 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. MULTISTATE FIXED RATE NOTE-Single Family-FNMA/FHLMC Uniform Instrument Page 1 of 2 Form 3200 12/83 1004.FRM (01/89) FiTECH 6. OBLIGATIONS 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, in- cluding 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. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "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. 10. 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 under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), 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 I may be required to make immediate payment in full of all amounts I owe under this Note. Some of these conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without futher notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. W rtness Witness Witness Witness Page 2 of 2 1 'L " (Seal) anette F Smith Borrower _ (Seal) Borrower _ (Seal) Borrower (Seal) Borrower (Sign Original Only) 10041.FRM (01/88) FiTECH (10198) Harris ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date of Notice: January 19, 2007 JEANETTE F SMITH 318 PITT ST ENOLA, PA 17025-2231 Loan # 0356105658 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the proeram 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 Aeencv. 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 Pennsvlvania 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 an 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 NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): JEANETTE F SMITH PROPERTY ADDRESS: 318 PITT ST ENOLA, PA 17025 LOAN ACCT. NO.: 0356105658 CURRENT LENDER/SERVICER: Sovereign Bank 6jtd?t 6 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • 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 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 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 face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION 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.) r HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE held by Sovereign Bank (hereinafter we, us, or ours) on your property located at 318 PITT ST, ENOLA, PA 17025 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE THE MONTHLY PAYMENTS of $ 345.96 since 10/1/2006 to the present. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $ 1,433.81. The total amount includes late charges and any other charges that have accrued to this date. If you disagree with the assertion that a default has occurred or the correctness of the calculated amount required to cure the default, contact: SOVEREIGN BANK OVERNIGHT DELIVERY: MORTGAGE COLLECTIONS DEPARTMENT PO BOX 8627 OR 601 PENN STREET READING PA 19603 READING, PA 19601 1-800-753-7366 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 $ 1,433.81, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable to Sovereign Bank and sent to the above address IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If. full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon Your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings 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 pav 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 up to one hour before the Sheriff s Sale You may do so by paving 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 Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) 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 be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: SOVEREIGN BANK Address: PO BOX 8627, READING PA 19603 Phone Number: 1-800-753-7366 Fax Number: 1-800-881-9334 Contact Person: Constance M. Cocroft, Vice President 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may have the right to 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (SEE ENCLOSURE) You may contact our Mortgage Services Department via E-mail at: MORTSERV@SOVEREIGNBANK COM This bank is a debt collector attempting to collect a debt and any information obtained from you will be used for that - - purpose. HOUSING AND URBAN DEVELOPMENT ("HUD") NOTIFICATION IMPORTANT NOTICE OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1987 PLEASE READ THIS NOTICE. HOMEOWNERSHIP COUNSELING MAY BE AVAILABLE TO YOU. DATE: January 19, 2007 TO: JEANETTE F SMITH RE: Account No. 0356105658 FROM: Sovereign Bank The Housing and Community Development Act of 1987 requires that Sovereign Bank notify eligible homeowners with delinquent home loans of the availability of homeownership counseling. Because your home loan is DELINQUENT, you may be eligible for homeownership counseling provided by certain non-profit organizations. PLEASE CALL THE HUD TOLL FREE NUMBER AT 1-800-569-4287 FOR MORE INFORMATION. If you have any questions about your home loan you may call or write to Sovereign Bank at: MORTGAGE COLLECTIONS DEPARTMENT SOVEREIGN BANK PO BOX 8627 READING PA 19603 1-800-753-7366 - - ---- - ---- - - -- - Constance M. Cocroft Vice President F , ,Y AFFIDAVIT OF MAILING ACT 91 NOTICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS Constance M. Cocroft, being duly sworn according to law, deposes and says that she is Vice President of Asset Recovery of Sovereign Bank, successor to Penn Savings Bank, Plaintiff herein, and that on ?hn .lu(? 1c) , woo she mailed the Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, copies of which are attached hereto, to the within Defendants, SIPoopt c rl,\n6h , that the required period of time has elapsed since mailing of said Notice; and that the Plaintiff has received no response from the Defendants, or from any consumer credit counseling agency with regard to the Homeowner's Emergency Mortgage Assistance Act. Constance M. Cocroft Vice President Swor to and subscribed before me this 19, day of 2007. Notary KS-lic rdutarial Seal Shannon R^, ti,;gar: f4otary Public City of Reading 9arks County My COmmi,S i1 Psras Co=. h, 2009 f Notaries Member, Penns„I;an a A5sodatirn 0 ? J a r 7006 2150 0005 m D m Cn? O'er O a O ro ? m D? m; xa_; 0 0 3Q 0 3 V.o P; '° m m< ?D a mm Fri W 6'y n C O 00 > roz am S. r a? ITI J V] O ? N W F-+ ¦ 7731 5959 O t-? -TI -TI ?' Pluese, Becker & Saltzman, LLC. Robert F. Thomas, Esquire Attorney Identification No.: 70206 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 (856) 813-1700 Attorney for Plaintiff 81062 SOVEREIGN BANK f/k/a HARRIS COURT OF COMMON PLEAS SAVINGS BANK CUMBERLAND COUNTY Plaintiff, ' V. No. 07-2534 Civil Term JEANETTE F. SMITH MOTION FOR SPECIAL SERVICE Defendants. PURSUANT TO ORDER OF COURT Plaintiff, by and through its undersigned counsel, moves this Honorable Court for an Order directing service of the Mortgage Foreclosure Complaint, Notice of Sale and all subsequent pleadings upon the Defendant(s) by regular mail and certified mail to the Defendant(s)' last known address and by posting of the subject property at 318 Pitt Street, Enola, PA 17025 , County of Cumberland, and in support thereof avers the following: 1. The Sheriff of Cumberland County has been unable to personally serve the pleadings upon the Defendant, Jeanette F. Smith. See Return(s) of Service appended hereto and incorporated herein by reference as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to establish the current whereabouts of the Defendant(s). See Affidavit of Good Faith Investigation setting forth specific inquiries made by Plaintiff and/or its attorney of record, same being appended hereto and incorporated herein by reference as Exhibit "B". 3. The last known address of the Defendant(s) is 18 Farm House Lane, Camp Hill, PA 17011. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430, directing that service of the Mortgage Foreclosure Complaint, Notice of Sale and all subsequent pleadings be effectuated by regular mailing and certified mailing to the Defendant(s)' last known address, and by posting the subject property at 318 Pitt Street, Enola, PA 17025 County of Cumberland. PLUESE, BECKER & SALTZMAN, LLC. By: Ro F. o as, Esquire DATE: July 12, 2007 Attorney for Plaintiff VERIFICATION ROBERT F. THOMAS, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. PLUESE, BECKER & SALTZMAN, LLC. DATED: July 12, 2007 By: I/J# 21611, Rob . Th mas, Esquire Attey for Plaintiff Pluese, Becker & Saltzman, LLC. Robert F. Thomas, Esquire Attorney Identification No.: 70206 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 (856) 813-1700 Attorney for Plaintiff 81062 SOVEREIGN BANK f/k/a HARRIS SAVINGS BANK Plaintiff, V. JEANETTE F. SMITH Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 07-2534 Civil Term MEMORANDUM OF LAW Service of original process may be made by a method of service other than personal service or otherwise not provided for in the Court Rules if the Plaintiff obtains a special Order of the Court. See Pennsylvania Rule of Civil Procedure 430(a). Such special Order may be obtained only if personal service cannot be made pursuant to applicable Court Rule. Id. In order to demonstrate that such service cannot be made, an affidavit attesting to the nature and extent of the investigation conducted to ascertain the whereabouts of the Defendant must be presented to the Court, along with a Motion for Special Service. This investigation must be made in good faith, and must be calculated to actually locate the Defendant. See, Romeo v. Looks 535 A.2d 1101 (Pa. Super. 1987). Examples of good faith efforts to locate a Defendant include inquiry directed to the post office, inquiry directed to relatives, neighbors, friends, etc. of the Defendant, and examination of local telephone directories and public records. Id. In the instant action, the Sheriff of Cumberland County, acting as an agent of the Plaintiff, was unable to personally serve the Defendant Jeanette F. Smith. As more fully set forth in Exhibit "A", the Plaintiff s agents have diligently attempted to ascertain the whereabouts of the Defendants, but have had no success. As a result, the Plaintiff has been unable to personally serve these Defendants pursuant to applicable Rules of Court. WHEREFORE, Plaintiff respectfully requests an Order Authorizing service of the Mortgage Foreclosure Complaint, Notices of Sale, and all other pleadings, by certified and regular mail to the Defendant(s)' last known address, and by posting the pleadings at the most conspicuous location of the subject property at 318 Pitt Street, Enola, PA 17025 and County of Cumberland. PLUESE, BECKER & SALTZMAN, LLC. By: Ro homas, Esquire Atto ey for Plaintiff DATE: July 12, 2007 Pluese, Becker & Saltzman, LLC. Robert F. Thomas, Esquire Attorney Identification No.:70206 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 (856) 813-1700 Attorney for Plaintiff 81062 SOVEREIGN BANK f/k/a HARRIS SAVINGS BANK Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 07-2534 JEANETTE F. SMITH CERTIFICATION OF SERVICE I, Jennifer Eiser, Legal Assistant, of the Law Firm of Pluese, Becker & Saltzman, LLC., Attorneys for Plaintiff, Sovereign Bank f/k/a Harris Savings Bank, hereby certify that I have served a true and correct copy of the appended pleadings/papers upon the following parties at the last known address by regular mail July 13, 2007. Jeanette F. Smith, 318 Pitt Street, Enola, PA 17025 Jeanette F. Smith, 18 Farm House Lane, Camp Hill, PA 17011 PLUiRF. 4Thomas, ZMAN LLC. By: sistant to July 16, 2007 Esquire SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-02534 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SOVEREIGN BANK VS SMITH JEANETTE F R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SMITH JEANETTE F but was unable to locate Her in his bailiwick. He therefore returns the the within named DEFENDANT NOT FOUND , as to SMITH JEANETTE F 318 PITT STREET ENOLA, PA 17025 318 PITT STREET ENOLA IS VACANT. Sheriff's Costs: Docketing 6.00 Service 15.36 Not Found 5.00 Surcharge 10.00 So R. Thomas Kline Sh iff of Cumberland County LUESE BECKER SALTZMAN 06/26/2007 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02534 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS SMITH JEANETTE F 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: SMITH JEANETTE F but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On June 26th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So a Docketing 18.00 Out of County 9.00 Surcharge 10.00 .,! omas line Dep York County 107.27 /:?- S riff of Cumberland County Postage 3.81 148.08 06/26/2007 PLUESE BECKER SALTZMAN Sworn and subscribe to before me this day of , A. D. • COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFFS/ Sovereic nk 2. C$URT UM ER 7- 5 4 civil 3 DEFENDANT/S/ 7 e. ? Trt yr vvra I UK t y ?Irl, ty L, 1 IV I (- Notice and omp ai.nt Jeanette F. Smith in Mortgage Foreclosure SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD Jeanette F. Smith 6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO., CITY. BORO. TWP. STATE AND ZIP CODE) AT 18 Farm House Lane Camp Hill, PA 17011 7 INDICATE SERVICE O PERSONAL U PERSON IN CHARGE DEPUTIZE 41 CERT. MAIL U 1ST CLASS MAIL U POSTED U OTHER NOW M 7 20 07 I, SHERIFF OF COUNTY, PA, do herby deputize e1hriff of York COUNTY to execute this Wri turn there g to law. This deputization being made at the request and risk of the plaintiff. • SHERIFF OF M?CO TY 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITIyG $fcRVff. C 0 U N T Y Cunberland ADVANCE FEE PAID BY ATTY. Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment. without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY 1 ORIGINATOR and SIGNATURROBERT F. T H O M A S , ESQ 10. TELEPHONE NUMBER 11 DATE FILED 20000 HORIZON WAY, STE 900, MT. LAUREL, NJ. 08054 1856-813-1700 5/2/2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed). CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW TM LW 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 15/8/2007 1611/2007 16. HOW SERVED: PERSONAL( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remafks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 119. Date of Service 1 20 Time of Service 21. ATTEMPT aide Time I ? 7 Miles Ipt. J 1 ? Miles Int. e me. 7 Miles / Int. 0 Tme Mdes Int. Date Time i Miles I I Int. Dale Time l Miles I Int. S ' I ?I L. Tf 00 I ((, ,/?r/II (/? l J I r fa I I I I 4 ` I I 1 22. REMARKS: NOT SERVED BY EXP. DATE, DEFT DID RESPOND, BUT WE WERE UNABLE TO MAKE CONTACT W/HM AT RESIDENCE. 23. Advance Costs 24 Service Costs 25 N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32 Tot. Costs 37 is Du For Refund Check No $100.00 R. '' -(M j0? 7 1? •©C) 14? ? U. Foreign County Costs 35. Advance Costs 36. Sei Cost, 37. Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40- Costs Due or Refund 19 AFFIR E Soo NSWERS 41. M D and subscribed to bet re me this 42. day of Q? L4T 44. Signature of o . Dep. Sheriff y 45. GATE NOTARY NOTARIAL S?I/ 46. Signature of ork - C ATE LISA L. BOWMAN, NOTARY PUBLIC ounty Sheriff b/i9/ii7 CITY OF YOr?.`,YORK COUNTY Vj lliarl 17 -..HosO SHerif f '` - 6 MY CCR". -SS1 O.`. FS AUG. 12, 2009 48 Signature of Foreign 49. DATE County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 51 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE V WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sherifrs Otfice 4. BLUE - Sherdrs office Confidential Investigative Services, Inc. Plaintiff: Sovereign Bank County: Cumberland VS. Term #: Defendant: Jeanette F. Smith Locate: Jeanette F. Smith Address Given: 318 Pitt Street, Enola, PA ATTENTION: Jennifer Eiser Pluese, Becker & Saltzman, LLC 2000 Horizon Way, Ste. 900 Mount Laurel, NJ 08054 File #: 81062 AMENDED AFFIDAVIT OF GOOD FAITH INVESTIGATION LAST KNOWN ADDRESS 1) 318 Pitt Street, Enola, PA 17025 2) 18 Farm House Lane, Camp Hill, PA 17011 INQUIRY OF THE CREDIT BUREAU The credit bureau reports that the most current address of the subject is 18 Farm House Lane, Camp Hill, PA 17011. Note the subject's previous last name was Scrignoli. INQUIRY OF THE PENNSYLVANIA DEAPARTMENT OF TRANSPORTATION The Pennsylvania Department of Transportation - Division of Motor Vehicles reports that operator license number 24415014 is issued to Jeanette F Smith of 18 Farm House Lane, Camp Hill, PA 17011. Note the subject's license is current and not due to expire until January 17, 2010. INQUIRY OF U.S. POST OFFICE (FOIA) 1) The Enola Post Office reports the subject is not known at 318 Pitt Street, Enola, PA 17025. 2)' The Camp Hill Post Office reports mail is good as addressed to the subject at 18 Farm House Lane, Camp Hill, PA 17011. SEARCH OF LOCAL TELEPHONE DIRECTORIES & PHONE COMPANY OPERATOR CONTACT The telephone company operator reports that there are no listings issued to the subject. CONTACTS 1) No neighbors could be contacted to confirm the subject's residency. 2) Ms. Coleman's father a resident of 19, just and does not know the neighbors. He asked I call back when his daughter is home. Calling back Mrs. Coleman advised she does not know the name of the woman residing at 18 Farm House Lane. I CERTIFY UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE D CORRECT, TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SU JECT T HE PENALTIES RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. AFFIAN'. IANE C AN, CLI 235 South 13th Street SWORN & SUBSCRIBED BEFORE ME THIS lqr- Philadelphia, PA 19107 OF K 4 .22007 (215) 546-7400 COMMONWEALTH OF PENNSYLVANIA (800) 503-7400 -? NOTARIAL SEAL Fax (215) 985-0169 NOTARY PUBLIC CASSANDMY T; Stn No,6ry Public City of Philadel?thla, Phitllr. County M kt01 N OQtnmilrlon E>< rN Novq?t11?r 4' 2Q I?i P?J C,S C?_, t,? "- --.? (?.. :? -• _)_ ? . ? ?+I 3 ? _ - ?_.? '? y.. )?: --,?-i ? r ? "? pUl 18 200JO4 Pluese, Becker and Saltzman, LLC. Robert F. Thomas, Esquire 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 856-813-1700 81062 SOVEREIGN BANK f/k/a HARRIS SAVINGS BANK Plaintiff, ' V. JEANETTE F. SMITH Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-2534 ORDER AND NOW, this J I' day of _, 2007, upon consideration of Plaintiffs Motion and the Affidavit in Good Faith Investigation attached hereto, it is hereby ORDERED that service of the Mortgage Foreclosure Complaint, Notice of Sheriff s Sale and all other pleadings on Defendant, Jeanette F. Smith shall be complete when Plaintiff has mailed the pleading by certified mail and regular mail to Jeanette F. Smith at 18 Farm House Lane, Camp Hill, PA 17011 and the Sheriff of Cumberland County Sheriff has posted a copy of the pleading to be served on the most public part of the property located at 318 Pitt Street, Enola, PA 17025 and County of Cumberland, which is the subject property upon which the Mortgage Foreclosure Complaint is predicated. ? 1l rte +'? IiJ Pluese, Becker & Saltzman, LLC. Robert F. Thomas, Esquire Attorney Identification No.: 70206 20000 Horizon Way Suite 900 Mt. Laurel, NJ 08054 (856) 813-1700 Attorney for Plaintiff 81062 SOVEREIGN BANK /k-/a HARRIS SAVINGS BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, V. JEANETTE F. SMITH Defendants. NO. 07-2534 PRAECIPE TO REINSTATE MORTGAGE FORECLOSURE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the above captioned Complaint in Mortgage Foreclosure. PLUESE, B BY: & SALTZMAN, LLC. #7 ° i rw r c.. te f0» r " ? W Q SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02534 P CPMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS SMITH JEANETTE F 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: but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On June 26th , 2007 , t attached return from YORK Sheriff's Costs: s office was in receipt of the So Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 107.27-S r Postage 3.81 148.08 8fo 06/26/2007 PLUESE BECKER SALTZMAN Sworn and subscribe to before me this day of omas-Kline iff of Cumberland County A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-02534 P CQMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SOVEREIGN BANK VS SMITH JEANETTE F R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SMITH JEANETTE F but was unable to locate Her in his bailiwick. He therefore returns the f"^%RT1T T TTTT 11N^"M T/-\n" the within named DEFENDANT 318 PITT STREET NOT FOUND , as to SMITH JEANETTE F ENOLA, PA 17025 318 PITT STREET ENOLA IS VACANT. Sheriff's Costs: Docketing 6.00 Service 15.36 Not Found 5.00 Surcharge 10.00 .00 y f 631b'f ?,, /36.36 So an R. Thomas Kline Sh iff of Cumberland County LUESE BECKER SALTZMAN 06/26/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-02534 P CO ,MMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SOVEREIGN BANK VS SMITH JEANETTE F R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT TENANT/OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the ( nMDT.A TTTT - MnVM VnDV the within named DEFENDANT TENANT/OCCUPANT 318 PITT STREET ENOLA, PA 17025 318 PITT STREET ENOLA IS VACANT. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 Y JD,;Ib ? q '? 21 . 0 0 So NOT FOUND , as to Thomas Kline r'ff of Cumberland County PtUESE BECKER SALTZMAN 06/26/2007 Sworn and Subscribed to before me this day of A. D. COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST.,YORK, PA 17401 11 SERVICE CALL (717) 771-9601 SHERIFF SERVICE WSTRWTWM PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY UM 1 THRU 12 DO NOT MUCH ANY COPS 1 PLAINTIFF/S/ 2. CQITT I TIER C 1V 11 Sovereign Bank 4 TYPE 9F WRIT OR C I & C I M F 3 DEFENDANT/s/ om alnt Tptf Jeanette F. Smith Notice and p in Mortgage Foreclosure SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Jeanette F. Smith 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO. TWP, STATE AND ZIP CODE) AT 18 Farm House Lane Camp Hill, PA 17011 7. INDICATE SERVICE U PERSONAL U PERSON IN CHARGE DEPUTIZE I CERT MAIL U 1ST CLASS MAIL U POSTED J OTHER NOW May 7 20 07 I, SHERIFF OF OUNTY, PA, do herby deputize th riff of Yor COUNTY to execute this Wri turn there ding to law. This deputization being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING $FRvf. COUNTY Cmberland ADVANCE FEE PAID BY ATTY. Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sherd( levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURROBERT F. T H O M A S , ESQ. 10. TELEPHONE NUMBER 11 DATE FILED 20000 HORIZON WAY, STE 900, MT. LAUREL, NJ. 08054 1856-813-1700 5/2/2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 5/8/200' 16/1/2007 16. HOW SERVED PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTS Time Miles I fit. j pAte?l Ti*I Miles Int. R*V Miles, Int. I a" I Tyne / I ? eA I ? Int. I Date I Time I Miles I Inl I Dale I Time I Miles I Int. 22. NOT SERVED BY EXP. DATE, DEFT DID RESPOND, BUT WE WERE UNABLE TO MAKE CONTACT W/HM AT RESIDENCE. 23. Advance Costs 24 Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33 f4sts DqAor Refund Check No 100.00 `'l- OC .tom M%44 SW !©a A') •®v 107 ? 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38 Weage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund 9th SO ANSWERS 41. AFFIRMED and subscribed to bef re me th 44. Signature of 45. DATE 42. day of Dep. Sheriff -- ?,;pRRc?T I NOTARY NOTARIAL S?°ce" 46. S ork of ATE LISA L.BOVVM.:,N N0T,4RYPUBLIC County Sheriff Sheri ff 6`1/07 CITY Or Y^ OR K C0 1 Ty i m Ni ttO S @ SHi'r i f f MY CC`:`.` 'aSAUG. 12, 2008 48 Signature of Foreign 49 DATE County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE I of un i c Kti civcv OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY • Sheriffs Office 4. BLUE - Sheriffs Office va OA 86 T bid 9 a- "3MS 3Ml.:Q 334"o 03AI30311 SHERIFF'S RETURN - REGULAR CASE NO: 2007-02534 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS SMITH JEANETTE F KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within REINSTATED NOTICE AND was served upon C!MTmu .Ti A'KTWrrm*P W the DEFENDANT , at 1831:00 HOURS, on the 1st day of August , 2007 at 318 PITT STREET ENOLA, PA 17025 by handing to POSTED 318 PITT STREET ENOLA, PA 17025 a true and attested copy of REINSTATED NOTICE AND together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 .00 5?6?l6? 42.40 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 08/02/2007 PLUESE BECKER SALTZMAN By: A. D. Pluese, Becker & Saltzman, LLC Attorneys At Law 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 Rob Saltzman, Esquire Attorney ID NO.: 53957 856/813-1700 Attorney for Plaintiff 81062 Sovereign Bank f/k/a Harris Savings Bank, Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-2534 Jeanette F. Smith Defendant(s). PRAECIPE TO ENTER JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Default Judgment in favor of Plaintiff, Sovereign Bank f/k/a Harris Savings Bank, and against Defendant(s), Jeanette F. Smith, for failure to file an Answer to Plaintiffs Civil Action in Mortgage Foreclosure within the time provided for by applicable law from service thereof. Service was made on the Defendant(s) by Sheriff of Cumberland County as follows: Jeanette F. Smith, served on August 1, 2007 Assess Damages as follows: Total Demand in Complaint Interest due and owing at the rate of $4.23 per diem from May 1, 2007 to October 1, 2007 $33,348.37 $ 651.42 TOTAL JUDGMENT TO BE ENTERED $33,999.79 PLUESE, BECKER & S_jTZMAN, LLC By: / Saltzman, Esquire -revs for Plaintiff Pluese, Becker & Saltzman, LLC Attorneys At Law 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 Rob Saltzman, Esquire Attorney ID NO.: 53957 856/813-1700 Attorney for Plaintiff 81062 Sovereign Bank f/k/a Harris Savings Bank, Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-2534 Jeanette F. Smith Defendant(s). CERTIFICATION OF ADDRESSES I, Joseph Giuliano, Legal Assistant, of the Law Firm of Pluese, Becker & Saltzman, Attorney for Plaintiff, Sovereign Bank f/k/a Harris Savings Bank, hereby certify that the Plaintiffs correct address is 601 Penn Street, Reading, PA 19601 and the last known address of each Defendant is as below. Jeanette F. Smith, 18 Farm House Lane, Camp Hill, PA 17011 Jeanette F. Smith, 318 Pitt Street, Enola, PA 17025 PLUESE, BECKER & SALTZMAN, LLC I certify that the foregoing information is true and correct to the best of my knowledge, information and belief. Sworn to and Subscribed efor me this day of , 2007. By: uliano, Legal Assistant JENNIFER EISER NARY PUBLIC OF NEW JERS ID# 2221929 ,MY COMMISSION EXPIRES. 5/3/09 SfiSRiFF' S RETURN - REGULAR .ASE NO: 2007-02534 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND. SOVEREIGN BANK VS SMITH JEANETTE F KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within REINSTATED NOTICE AND was served upon SMITH JEANETTE F the DEFENDANT , at 1831:00 HOURS, on the 1st day of August 2007 at 318 PITT STREET ENOLA, PA 17025 POSTED 318 PITT STREET by handing to ENOLA, PA 17025 a true and attested copy of REINSTATED NOTICE AND together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 14.40 .00 10.00 R. Thomas Kline .00 42.40 08/02/2007 PLUESE BECKER SALTZMAN Sworn and Subse-Lbed to before me this day of By: A. D. Pluese, Becker & Saltzman, LLC Attorneys At Law 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 856/813-1700 Rob Saltzman, Esquire Attorney ID No.: 53957 Attorney for Plaintiff 81062 Sovereign Bank f/k/a Harris Savings Bank, Plaintiff, V. Jeanette F. Smith COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-2534 Defendant(s). AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : S. S. I, Rob Saltzman, Esquire, being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained either by or an behalf of the Plaintiff herein named and that such investigations and/or records indicate that the above-named Defendant(s) is/are not in the Military or Naval Service of the United States of America or its Allies as defined by the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Jeanette F. Smith Age: Over 18 Residence: 18 Farm House Lane, Camp Hill, PA 17011 Employment: Unknown Defendant: Jeanette F. Smith Age: Over 18 Residence: 318 Pitt Street, Enola, PA 17025 Employment: Unknown PLUESE, BECKER & SALTZMAN, LLC By: R ,b6altzman, Esquire A,ftornev ID No.: 53957 Sworn to d subscribed before me this day of , 2007. Public f JENNIFER EISER ITARY PUBLIC OF NEW JERSEY 10# 2221929 MY COMMISSION EXPIRES. 5/3/09 Pluese, Becker & Saltzman, LLC Attorneys At Law 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 Rob Saltzman, Esquire Attorney ID NO.: 53957 856/813-1700 Attorney for Plaintiff 81062 Sovereign Bank f/k/a Harris Savings Bank, Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-2534 Jeanette F. Smith Defendant(s). CERTIFICATION OF MAILING I, Joseph Giuliano, Legal Assistant, of the Law Firm of Pluese, Becker & Saltzman, Attorneys for Plaintiff, hereby certify that I forwarded to the following Defendant(s) on the date(s) listed, by regular mail, a copy of the Notice of Intention to take Default Judgment, Rule 237.1: Jeanette F. Smith, 18 Farm House Lane, Camp Hill, PA 17011 Jeanette F. Smith, 318 Pitt Street, Enola, PA 17025 PLUESE, BECKER & SALTZMAN By: z Jseph iuliano, Legal Assistant Pluese, Becker & Saltzman, LLC. Robert F. Thomas, Esquire Attorney Identification No.: 70206 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 (856) 813-1700 Attorney for Plaintiff R 106? SOVEREIGN BANK f/k/a HARRIS SAVINGS BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, V. No. 2822 JEANE 1 1 U . S",4I T H Defendant(s). NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa. R.C.P. 237.1 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims asserted against you. Unless you act within ten (10) days from the date of this Notice as set forth below. a Judgment may be entered against you without a hearing and you may lose your property or other important rights and may be liable for money damages. You should take this Notice to a lawyerat once. If you do not have a lalvyer or cannot afford one. go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1/800-990-9108 NOTIFICACION IMPORTANTE Usted esta en incumplimiento de su oblicacion legal de presentar, ya sea personalmente o por medio de su abogado, una declaration por escrito y por no haber presentado por escrito sus defensas a los cargos que se han presentado en su contra. Si usted no toma action dentro de diez (10) dias de la fecha de esta Notification, se registrara una sentencia en su contra sin audiencia y usted podra perder su propiedad u otros derechos importantes y podra ser responsable por danos monetarios. Usted debe llevar esta Noticia a un abogado enseguida. Si no tiene abogado o no tiene dinero suficiente Para tal servicio, vaya en persona o llame por telefono a ]a oficina cuyo numbre se encuentra abajo para conseguir asistencia legal. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1/800-990-9108 Date of Notice: September 4, 2007 PERSONS SERVED: Jeanette F. Smith 18 Farm House Lane Camp Hill, PA 17011 Jeanette F. Smith 18 Pitt Street Enola, PA 17025 PLUESE. BECKER & SALTZMAN. LLC. By: Rorer'i4. Tnomas. Esquire At,? I net's for Plaintiff - ? 4C . , OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS ONE COURTHOUSE SQUARE CARLISLE, PA 17013 CURT LONG, PROTHONOTARY TO: Jeanette F. Smith 18 Farm House Lane Camp Hill, PA 17011 Sovereign Bank f/k/a Harris Savings Bank, Plaintiff, V. Jeanette F. Smith Defendant(s). Jeanette F. Smith 318 Pitt Street Enola, PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-2534 NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above-captioned proceeding as indicated below. Curt Long, Prothonotary [XX] Judgment entered by Default R. 10/0,107 IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Rob Saltzman, Esquire, Attorney ID #53957 PLUESE, BECKER & SALTZMAN, LLC 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 856/813-1700 Attorneys for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Sovereign Bank f/k/a Harris Savings Bank, Plaintiff, V. Jeanette F. Smith, Defendant(s) To the Prothonotary: Issue Writ of Execution in the above matter: Date: September 28, 2007 AMOUNT DUE INTEREST From 10/2/07 to 3/5/08 @ $5.59 per diem Total (Costs to be added) $33,999.79 $ 866.45 $34,866.24 0 Saltzman, Esquire Attorney for Plaintiff 20000 Horizon Way, Suite 900 Mount Laurel, N.1 08054 (856) 813-1700 Attorney ID No.: 53957 Note: Please attach description of Property. * levy upon ad sell irke - llow'ino dtsmube4 Po IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-2534 3 s Q? f4 SF •, Ufa PA r-10ac File 1181062 N 0 0 Z w ? 0 4 a? zz 3 oW 0 V) ° z 0 cz 0 U OQ ? w w ? > H cis V N ? 00 00_ w o$ b n O coo a? ti O U w ^ w? wo O ?L W x? of ?T, o a? W o? a ?4 \ N \v o 0 Q a x a O x w N a? w Q W -4 a; ).+ w x 7 'CIO w (> b h o o qq P O x = t ? s w : ov?G w n w w 1 .+ f ^? w O C) C tom.? c::;> U w -IV ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania bounded and described as follows, to wit: BEGINNING at a point in the Southern line of Pitt Street at or opposite the center of the partition wall dividing properties known as No. 320 and No. 318 Pitt Street, said point being forty-five (45) feet East of the Southeast corner of the intersection of Pitt Street and Carlisle Avenue; thence Southwardly through the center of the partition wall dividing properties known as No. 320 and No. 318 Pitt Street and beyond, one hundred fifty (150) feet to a point in the Northern line of a ten (10) feet wide alley; thence Eastwardly along the Northern line of said ten (10) feet wide alley forty-five (45) feet to land now or formerly of J. R. Bender; thence Northwardly along said Bender land one hundred fifty (150) feet to a point in the Southern line of Pitt Street; thence Westwardly along the Southern line of Pitt Street forty-five (45) feet to a point, the place of beginning. Tax Parcel 409-14-0834-074 Being known as 318 Pitt Street, Enola, PA 17025 PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Sovereign Bank f/k/a Harris Savings Bank, Plaintiff, V. Jeanette F. Smith, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket 407-2534 I, Rob Saltzman, Esquire, Attorney for Plaintiff, Sovereign Bank f/Va Harris Savings Bank, hereby certify that the last known address(es) of the Defendant(s) is/are as below: Jeanette F. Smith, 18 Farm House Lane, Camp Hill, PA 17011 I certify that the foregoing information is true and correct to the best of my knowledge, information and belief. Respectfully submitted, PLUESE, BECKER & SALTZMAN, LLC BY: Rob S an, Esquire Attey for Plaintiff Our File #81062 ? ? ? ti- ---? ??? r. c...} -r ?, ---{ r -.r-? ; ; - ---- - -, .:- - - -u- -? ?,.... ? -- ` .?- PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Sovereign Bank f/k/a Harris Savings Bank, Plaintiff, V. Jeanette F. Smith Defendant(s). Court of Common Pleas Cumberland County Docket #07-2534 I, Rob Saltzman, Esquire hereby certify that I am the attorney of record for the Plaintiff, Sovereign Bank f/k/a Harris Savings Bank in this action against real property and I further certify that this property is: ( ) FHA - Tenant Occupied or Vacant ( ) Commercial (X) That the Plaintiff has complied in all respects with Section 403 of the HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 which may include but is not limited to: (a) Service of Notice of Defendant(s) (b) Expiration of thirty days since the Service of Notice (c) Defendant's failure to request or to appear at a face-to-face meeting with the Mortgagee or with a Consumer Credit Counseling Agency. (d) Defendant's failure to file an application for financial assistance with the Pennsylvania Housing Finance Agency and/or the denial of such application. I further agree to indemnify and hold harmless the Sheriff of Cumberland County for any willfully false material statements given herein. Respectfully submitted, PLUESE, BECKER & SALTZMAN, LLC BY: an, Esquire Attorney for Plaintiff Our File #81062 c? ? ;? :? ._._, i? ?-.. ?, . `? ?? ?, ?,; ?.? ' ? ?: ?,, , f -i?-,: _ ?- ? "'? „ - t j'' _.. ?.. ? ?± ? ?' ?•-? ? ?? .. ?.. ::[ C ERTIFICATE TO SHERIFF (Please check appropriate square in each section) Sovereign Bank f/k/a Harris Savings Bank, Plaintiff, V. Jeanette F. Smith, Defendant SHERIFF'S OFFICE Courthouse One Courthouse Square COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket #07-2534 I HEREBY CERTIFY THAT: 1. The judgment entered in the above matter is based mortgage foreclosure action. 2. The Defendant(s) own the property being exposed to sale as: (X) An Individual ( ) Tenants by the entireties ( ) Joint tenants with rights of survivorship ( ) A Partnership ( ) Tenants in Common ( ) A Corporation 3. The Defendant(s) is (are): (X) Residents in the Commonwealth of Pennsylvania ( ) Not resident in the Commonwealth of Pennsylvania ( ) If more than one Defendant and either A or B above is not applicable, state which Defendants are residents of the Commonwealth of Pennsylvania. Residents: Respectfully submitted, PLUESE, BECKER & SALTZMAN, LLC BY: Ro tzman, Esquire Attorney for Plaintiff Dated: September 28, 2007 Our File #81062 ? ? ? -? ? . y ?? ? ? ?y -c. ' .; - _ J. ti .?- E ?? ?1? .. °5 ?? t{... ? ? 1 - . .,? ? ? ? . t PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Sovereign Bank f/k/a Harris Savings Bank, Plaintiff, V. Jeanette F. Smith, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket #07-2534 Sovereign Bank f/k/a Harris Savings Rank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 318 Pitt Street, Enala, PA 17025, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of owner(s) or reputed owner (s): Name Jeanette F. Smith Address 18 Farm House Lane Camp Hill, PA 17011 Jeanette F. Smith 318 Pitt Street Enola, PA 17025 2. Name and address of defendant(s) in the judgment: Name SAME AS ABOVE Address 3. Name and last address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None. Address Our File #81062 i 4. Name and address of the last recorded holder of every mortgage of record: Name Address Sovereign Bank f/k/a Harris Savings Bank (Plaintiff) Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name None. Address 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Cumberland Co. Dept. of P.O. Box 320 Domestic Relations Carlisle, PA 17013 Commonwealth of PA P.O. Box 2675 Dept. of Welfare Harrisburg, PA 17105 Commonwealth of PA Dept. 280601 61h Floor, Strawberry Square Harrisburg, PA 17128 Bureau of Individual Tax Inheritance Tax Division Attn: John Murphy Internal Revenue Service P.O. Box 12051 Federal Estate Tax Philadelphia, PA 19105 Special Procedure Branch Dept. of Public Welfare P.O. Box 8486 T.P.L. Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 East Pennsboro Township 98 S. Enola Drive Enola, PA 17025-2796 East Pennsboro Sewer Authority 98 S. Enola Drive Enola, PA 17025 Our File #81062 I Tax Collector - Debora A. Lupold Pennsylvania - American Water Co. PPL Resources, Inc. UGI 98 S. Enola Drive Enola, PA 17025 852 Wesley Drive Mechanicsburg, PA 17055 40 Roadway Drive Carlisle, PA 17013 1500 Paxton Road Harrisburg, PA 17104 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property, which may be affected by the sale: Name Address Tenant/Occupant 318 Pitt Street Enola, PA 17025 (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. #4904 relating to unsworn falsification to authorities. S .ntemb r R, 2007 PLUESE, BECKER & SALTZMAN, LLC Date BY: Rob Saltzman, Esquire Attorney for Plaintiff Our File #81062 ,--.3 . y { PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman; Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Sovereign Bank f/k/a Harris Savings Bank, COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY V. Jeanette F. Smith, Defendant. Docket #07-2534 NOTIC:F OF SHERIFF'S SALE, OF REAL ESTATE TO: Jeanette F. Smith 18 Farm House Lane Camp Hill, PA 17011 Your house at 318 Pitt Street, Enola, PA 17025, is scheduled to be sold by the Cumberland County Sheriff's Department to enforce the courtjudgment of $33,999.79 obtained by Sovereign Bank f/k/a Harris Savings Bank against you. The Sheriff's Sale will be conducted on March 5, 2008, at 10:00 A.M., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 or, in the alternative, at a location to be determined by the Cumberland County Sheriff's Department. NOTICE OF OWNER'S RIGHTS YOTI MAY BE ABLE TO PREVENT THIS SHERIFF'S SAT F To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call Rob Saltzman, Esquire at (215) 546-3205. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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. Our File #81062 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 RE ABLE TO SAVE YOUR PROPERTY AND YOTJ HAVE OTHER RIG14TS EVEN IF THE 4HF.RTFF'S 4AT F DOES 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 by calling Rob Saltzman, Esquire at (215) 546-3205, or by calling the Cumberland County Sheriff's Department at (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 Rob Saltzman, Esquire at (215) 546-3205, or by calling the Sheriff's office at (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 the 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 this 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 themoney bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from the date of the Sheriff's 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 Distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your home 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Our File #81062 F -. ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania bounded and described as follows, to wit: BEGINNING at a point in the Southern line of Pitt Street at or opposite the center of the partition wall dividing properties known as No. 320 and No. 318 Pitt Street, said point being forty-five (45) feet East of the Southeast corner of the intersection of Pitt Street and Carlisle Avenue; thence Southwardly through the center of the partition wall dividing properties known as No. 320 and No. 318 Pitt Street and beyond, one hundred fifty (150) feet to a point in the Northern line of a ten (10) feet wide alley; thence Eastwardly along the Northern line of said ten (10) feet wide alley forty-five (45) feet to land now or formerly of J. R. Bender; thence Northwardly along said Bender land one hundred fifty (150) feet to a point in the Southern line of Pitt Street; thence Westwardly along the Southern line of Pitt Street forty-five (45) feet to a point, the place of beginning. Tax Parcel #09-14-0834-074 Being known as 318 Pitt Street, Enola, PA 17025 PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman; Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Sovereign Bank f/k/a Harris Savings Bank, Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY Jeanette F. Smith, Defendant. Docket #07-2534 NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Jeanette F. Smith 318 Pitt Street Enola, PA 17025 Your house at 318 Pitt Street, Enola, PA 17025, is scheduled to be sold by the Cumberland County Sheriff's Department to enforce the court judgment of $33,999.79 obtained by Sovereign Bank f/k/a Hams Savings Bank against you. The Sheriff's Sale will be conducted on March 5, 2008, at 10:00 A.M., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 or, in the alternative, at a location to be determined by the Cumberland County Sheriff s Department. NOTICE OF OWNER'S RIGHTS YOI I MAY RF ABLE TO PREVENT THIS SHERIFF'S SAL To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call Rob Saltzman, Esquire at (215) 546-3205. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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. Our File #81062 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 SALF, DOES TAKE. PLACE._ 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Rob Saltzman, Esquire at (215) 546-3205, or by calling the Cumberland County Sheriff's Department at (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 Rob Saltzman, Esquire at (215) 546-3205, or by calling the Sheriff's office at (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 the 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 this 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 Cumberland County Sheriff on or about thirty (30) days from the date of the Sheriff's 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 Distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your home 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Our File 981062 i ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania bounded and described as follows, to wit: BEGINNING at a point in the Southern line of Pitt Street at or opposite the center of the partition wall dividing properties known as No. 320 and No. 318 Pitt Street, said point being forty-five (45) feet East of the Southeast corner of the intersection of Pitt Street and Carlisle Avenue; thence Southwardly through the center of the partition wall dividing properties known as No. 320 and No. 318 Pitt Street and beyond, one hundred fifty (150) feet to a point in the Northern line of a ten (10) feet wide alley; thence Eastwardly along the Northern line of said ten (10) feet wide alley forty-five (45) feet to land now or formerly of J. R. Bender; thence Northwardly along said Bender land one hundred fifty (150) feet to a point in the Southern line of Pitt Street; thence Westwardly along the Southern line of Pitt Street forty-five (45) feet to a point, the place of beginning. Tax Parcel 409-14-0834-074 Being known as 318 Pitt Street, Enola, PA 17025 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2534 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK F/K/A HARRIS SAVINGS BANK, Plaintiff (s) From JEANETTE F. SMITH (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 $33,999.79 L.L. $.50 Interest FROM 10/2/07 TO 3/5/08 @ $5.59 PER DIEM -$866.45 Atty's Comm % Due Prothy $2.00 Atty Paid $376.84 Plaintiff Paid Date: OCTOBER 1, 2007 (Seal) REQUESTING PARTY: Name ROB SALTZMAN, ESQUIRE Address: 20000 HORIZON WAY, SUITE 900 MOUNT LAUREL, NJ 08054 Attorney for: PLAINTIFF Telephone: 856-813-1700 Supreme Court ID No. 53957 Other Costs iieputy Pluese, Becker & Saltzman, LLC Rob Saltzman / I.D. No. 53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 (856) 813-1700 Attorney for Plaintiff File No. 81062 Sovereign Bank f/k/a Harris Savings Bank, Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY Jeanette F. Smith, Defendant(s). Docket No. 07-2534 AFFIDAVIT PURSUANT TO Pa R.C.P. 3129.2 Joseph Giuliano, of full age, being duly sworn, deposes and states the following: 1. I am a Legal Assistant with the firm of Pluese, Becker & Saltzman, LLC, local counsel to the Plaintiff in the above-referenced mortgage foreclosure action. I make this Certification predicated upon personal knowledge, matters of record and documents maintained in our firm's file. 2. Diligent efforts have been made to identify all persons/entities holding mortgages, judgments, liens, or other interest in the subject premises of the foreclosure proceeding. The efforts made include, but are not limited to a review of the Court dockets and those interests or encumbrances disclosed by the records of the Recorder of Deeds Office in the County wherein the subject property is located. Due to circumstances beyond Plaintiff's control, such land records are accurate and report liens or interests recorded through the applicable "cover" or "board" date only, and it is not possible to ascertain the identity of any subordinate lienors whose interests have been recorded after the said cover date. 3. All persons/entities holding mortgages, judgments, liens or other interest in the subject premises, and as limited by the circumstances hereinbefore described, have been provided Notice(s) of Sheriff's Sale. See Exhibit "A", Notice of Sheriff's Sale. 4. The Notice(s) of Sheriff's Sale herein was (were) duly served upon the recipients in accordance with Pennsylvania Rule of Civil Procedure 3129 and/or pursuant to an Order for Alternate Service by posting the subject property and as otherwise stated in the annexed Affidavit of Service. See Proof(s) of Mailing and/or Order and/or Affidavit(s) of Service annexed, collectively marked Exhibit "B." I hereby declare that the foregoing statements are true and correct to the best of my knowledge, information and belief. I am aware that if the foregoing statements are willfully false, I am subject to punishment. Respectfully Submitted, Pluese, Becker & Saltzman, LLC r 7 By: Date: February 19, 2008 (Siuliano, Legal Assistant Becker & Saltzman LLC EXHIBIT "A" PLUESE, BECKER & SALTZMAN, LLC Attorneys at Law 20000 HORIZON WAY SUITE 900 ROB SALTZMAN . MT. LAUREL, NEW JERSEY 08054-4318 RSaltzman(j?phslaw arg (856) 813-1700 FACSIMILE: (856) 813.1720 SANFORD J. BECKER SRenkernnhSlaw nr o PENNSYLVANIA OFFICE: ROBERT T. PLUESE 425 COMMERCE DRIVE, SUITE 100 RPlneceAnhsla?w ornnrn FORT WASHINGTON, PA. 19034 (215) 546-3205 ROBERT F. THOMAS . RThnmac hclaw nro Please reply to: Mt. Laurel, New Jersey OF COUNSEL: Katz, Ettin & Levine, P.C. The Law Offices of Barbara A. Fein, P.C. • • PA and NJ Bars NOTICE OF CUMBERLAND COUNTY SHERIFF'S SALE To: All Interested Parties, identified in the Annexed Affidavit Re: Sovereign Bank f/k/a Harris Savings Bank v. Jeanette F. Smith Docket No. 07-2534 Property: 318 Pitt Street, Enola, PA 17025 Please be advised that the above-referenced property (and any improvements thereon) is scheduled to be sold by the Cumberland County Sheriff's Department on March 5, 2008, at 10:00 A.M. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. This sale is scheduled pursuant to a Final Judgment in Mortgage Foreclosure entered in the amount of $33,999.79 in the Court of Common Pleas for Cumberland County. Our records indicate that you may have an interest in or judgment encumbering the mortgaged property which may be extinguished (removed) by the sale. You may wish to attend the sale or otherwise act to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. You may call the Cumberland County Sheriff's Department at (717) 240-6390 for the date on which the distribution schedule will be posted. Sincerely, By: Rob Saltzman, Esquire Attorney for Plaintiff Our File #81062 EXHIBIT "B" r ? 0 W 00 y V 2 m 0 N m n 3 ?c x 0 m r ai 63; - co V CD CA A W N 7 V t ! M C F; 3 n J tn ° CL CL 00 y CL (D 0 'vv??' C7 ?(? x ?df7 C1 dGn ?1?,?', C17w?. gn.-•'? C) (D 0 0* 9 00000 n oo . 14 0 W ? w up .00 c CD 0 C'i ???i 909 'C1^ r '?r? CC7 ? p ?y k OC? "37 a 1 ` Z v , x ! 7 ?. o\ QQ N d w D C?7 . rN C/? ?dO (/? O'o, ?H w 'UVrco- co a N? C1 ?? o s " o. °1o o o c c ( tQ 3 o • b ? co C7 c ... co ° o ? o o ? ? ?• •"'y? ? ? to y .d 0?p• C? ' Z ? < c) 04 p ?. O? O no "n ? O ? ? ^oa c P' GD ri);O;D;o 3 to $ a H ° ti: _`, o' ? c CM X p a Ea b5dg?. `? H _ 00 7 C v L m $ zD 3 l3 ev x a a°o ? 7. m D s - 3 m 0 3 m m - - - 0213 GOV" . V9Q80300sall DQ , , tZ?££d` ZQ 93? 8 G ? Ir M1' 0 , + C7 0 w w V V 0 2 0 N °o N D) v 1 C '-I CD V C1 U A W N d.: -? r^ %F- '0 z C ? C ? L m ?, a M ?W D O y p S ?. CL log l cz C w? w ca 0 O b ? tJA 00 -0 tri 0 0 00 p 000 t7l p 00 t- -M 00 OOO? ? 'b b 0 P' o c ' Ctq CD trl ? trl o Cif o 0 w 9. tan < .00 = bCy bb M ° Z ? 2 or- v 00 q, ? ? O R m m O p v' (IQ N ' p n ° N O > N N 3 d in aD ? Y' o m 0 $ CD cr a ° ° ~ CD ., C%.4 $ m o a o O o H 0000 ?zz? c c1 m ? ? o ? m a? CD ffiR ?c D . IF ma Dl CL ID @ N m M Z x 0< o n ad cC D' 7 ? 0 y a Q C o it • 00 . m (D 0 C -n V) m= , PON X 0 0 3 a 0 v 0 T Pluese, Becker & Saltzman, LLC Rob Saltzman / I.D. No. 53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 (856) 813-1700 Attorney for Plaintiff File No. 81062 Sovereign Bank f/k/a Harris Savings Bank, Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY Jeanette F. Smith, Defendant(s). Docket No. 07-2534 CERTIFICATE OF SERVICE I, Rob Saltzman, Esquire, counsel for the Plaintiff, Sovereign Bank f/k/a Harris Savings Bank, hereby certify that a true and correct copy of the Notice of Sheriffs Sale was sent via certified mail and regular mail postage pre-paid in accordance with the Order of Court dated July 19, 2007, to the following on October 12, 2007: Jeanette F. Smith 318 Pitt Street Enola, PA 17025 Jeanette F. Smith 18 Farm House Lane Camp Hill, PA 17011 Respectfully Submitted, PLUESE, BECKER &,$BjiPZMAN, LLC Rob,Saltzman, Esquire Attornev for Plaintiff Dated: February 19, 2008 WC F, Pluese, Becker and Saltzman, LLC. Robert F. Thomas, Esquire 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 856-813-1700 81062 SOVEREIGN BANK f/k/a HARRIS COURT OF COMMON PLEAS SAVINGS BANK CUMBERLAND COUNTY Plaintiff, V. NO. 07-2534 JEANETTE F. SMITH ORDER Defendants. AND NOW, this day o , 2007, upon consideration of Plaintiffs Motion and the Affidavit in Good Faith Investigation attached reto, it is hereby ORDERED that service of the Mortgage Foreclosure Complaint, Notice of Sheriff s Sale and all other pleadings on Defendant, Jeanette F. Smith shall be complete when Plaintiff has mailed the pleading by certified mail and regular mail to Jeanette F. Smith at 18 Farm House Lane, Camp Hill, PA 17011 and the Sheriff of Cumberland County Sheriff has posted a copy of the pleading to be served on the most public part of the property located at 318 Pitt Street, Enola, PA 17025 and County of Cumberland, which is the subject property upon which the Mortgage Foreclosure Complaint is predicated. 7160 3901 9545 1941 2664 TO: Jeanette F. Smith 18 Farm House Lane Camp Hill, PA 17011 SENDER: JG REFERENCE: File #81062 i PS Form 3800 January 2005 RETURN Postage RECEIPT Certified Fee SERVICE ? Retum Receipt. Fee Restricted Delivery Total Postage & Fees US Postal Service POSTMARK OR DATE Receipt for A)OS Certified Mail / O ?IEJG o? No hourance Coverage Provided j Do Not Use for Intemadonal Mail 7160 3901 9945 1941 2657 TO: Jeanette F. Smith 318 Pitt Street Enola, PA 17025 JG SENDER: File #81062 REFERENCE: PS Forth 3800 January 2005 RETURN Postage RECEIPT Certified Fee SERVICE Retum Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service POSTMARK OR DATE Receipt for / SOS Certified Mail >n /? • O? No Insurance Coverage Provided / v Do Not Use for Intemelonal Mail C 7 'moo ` r?7 t....:.J ?_! ? ? ? ?. _ a ?`? t ; , r ,, ., ??u , _ . ,. ..-: ??? ., -. - ?r ., `'.." 1 _z 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 SOVEREIGN BANK is the grantee the same having been sold to said grantee on the 5TH day of MARCH A.D., 2008, under and by virtue of a writ Execution issued on the 1 ST OCT day of 07, A.D., 202007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 2534, at the suit of SOVEREIGN BANK against JEANETTE F SMITH is duly recorded as Instrument Number 200808334. IN TESTIMONY WHEREOF, I have hereunto set my hand .- and seal of said office this d day of A.D. of Deeds r? Z?Ar 1', PA Sovereign Bank f/k/a Harris Savings Bank In the Court of Common Pleas of VS Cumberland County, Pennsylvania Jeanette F. Smith Writ No. 2007-2534 Civil Term Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on December 06, 2007 at 2005 hours, he served a true copy of the within Real Estate Writ, Notice of Sale and Description upon the within named defendant, to wit: Jeanette F. Smith, by posting a true and correct copy of the Real Estate Writ, Notice of Sale and Description upon the premises located at 318 Pitt Street, Enola, Cumberland County, Pennsylvania according to law. Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 0914 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 Jeanette F. Smith located at 318 Pitt Street, Enola, 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 defendant, to wit: Jeanette F. Smith by regular mail to her last known address of 18 Farmhouse Lane, Camp Hill, A 17011. This letter was mailed under the date of January 08, 2008 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 March 05, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Rob Saltzman, on behalf of Sovereign Bank. It being the highest bid and best price received for the same, Sovereign Bank of 601 Penn Street, Reading, PA 19601, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $923.24. Sheriffs Costs: Docketing $30.00 Poundage 18.10 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Mileage 28.80 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 285.17 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 923.24 312I 168 q m. go e 6C? 12.SSZ o-lOL7'Z'6 ocwl So Answers: R. Thomas Kline, Sheriff BY Real Estate S geant I q PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. 453957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Attorney for Plaintiff Sovereign Bank f1k/a Harris Savings Bank, Plaintiff, V. Jeanette F. Smith, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY I Docket #07-2534 Sovereign Rank f/k/a Harris Savings Rank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 318 Pitt Street, Enola, PA 17025, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. I . Name and address of owner(s) or reputed owner (s): Name Address Jeanette F. Smith 18 Farm House Lane Camp Hill, PA 17011 Jeanette F. Smith 318 Pitt Street Enola, PA 17025 2. Name and address of defendant(s) in the judgment: Name SAME AS ABOVE 3. None. Address Name and last address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Our File #81062 r 4. Name and address of the last recorded holder of every mortgage of record: Name Address Sovereign Bank f/k/a Harris Savings Bank (Plaintiff) Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name Address None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Cumberland Co. Dept. of P.O. Box 320 Domestic Relations Carlisle, PA 17013 Commonwealth of PA P.O. Box 2675 Dept. of Welfare Harrisburg, PA 17105 Commonwealth of PA Dept. 280601 6`h Floor, Strawberry Square Harrisburg, PA 17128 Bureau of Individual Tax Inheritance Tax Division Attn: John Murphy Internal Revenue Service P.O. Box 12051 Federal Estate Tax Philadelphia, PA 19105 Special Procedure Branch Dept, of Public Welfare P.O. Box 8486 T.P.L. Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 East Pennsboro Township 98 S. Enola Drive Enola, PA 17025-2796 East Pennsboro Sewer Authority 98 S. Enola Drive Enola, PA 17025 Our File #81062 Tax Collector - Debora A. Lupold Pennsylvania - American Water Co. PPL Resources, Inc. UGI 98 S. Enola Drive Enola, PA 17025 852 Wesley Drive Mechanicsburg, PA 17055 40 Roadway Drive Carlisle, PA 17013 1500 Paxton Road Harrisburg, PA 17104 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property, which may be affected by the sale: Name Address Tenant/Occupant 318 Pitt Street Enola, PA 17025 (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. #4904 relating to unsworn falsification to authorities. September R, 2007 PLUESE, BECKER & SALTZMAN, LLC Date BY: Rob Saltzman, Esquire Attorney for Plaintiff Our File #81062 PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Attornev for Plaintiff Sovereign Bank f/k/a Harris Savings Bank, COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY V. Jeanette F. Smith, Defendant. Docket #07-2534 NOTICE OF SHERIFF'S SALE OF REAL ESTATE. TO: Jeanette F. Smith 318 Pitt Street Enola, PA 17025 Your house at 318 Pitt Street, Enola, PA 17025, is scheduled to be sold by the Cumberland County Sheriffs Department to enforce the court judgment of $33,999.79 obtained by Sovereign Bank f/k/a Harris Savings Bank against you. The Sheriff s Sale will be conducted on March 5, 2008, at 10:00 A.M., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 or, in the alternative, at a location to be determined by the Cumberland County Sheriffs Department. NOTICE OF OWNER'S RIGHTS YOIJ MAY RE ABLE TO PREVENT THIS SHERIFF'S SAL F To prevent this Sheriff s Sale, you must take immediate action: The sale will be cancelled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call Rob Saltzman, Esquire at (215) 546-3205. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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. Our File #81062 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 STILT. BE ABLE. TO SAVE. YOUR PROPERTY AND YOU HAVE. OTHER RIGHTS EVEN IF THE. SHERIFF'S SALE DOES TAKE. PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Rob Saltzman, Esquire at (215) 546-3205, or by calling the Cumberland County Sheriff's Department at (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 Rob Saltzman, Esquire at (215) 546-3205, or by calling the Sheriffs office at (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 the 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 this 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 Cumberland County Sheriff on or about thirty (30) days from the date of the Sheriff's 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 Distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your home 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Our File #81062 4 . ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania bounded and described as follows, to wit: BEGINNING at a point in the Southern line of Pitt Street at or opposite the center of the partition wall dividing properties known as No. 320 and No. 318 Pitt Street, said point being forty-five (45) feet East of the Southeast corner of the intersection of Pitt Street and Carlisle Avenue; thence Southwardly through the center of the partition wall dividing properties known as No. 320 and No. 318 Pitt Street and beyond, one hundred fifty (150) feet to a point in the Northern line of a ten (10) feet wide alley; thence Eastwardly along the Northern line of said ten (10) feet wide alley forty-five (45) feet to land now or formerly of J. R. Bender; thence Northwardly along said Bender land one hundred fifty (150) feet to a point in the Southern line of Pitt Street; thence Westwardly along the Southern line of Pitt Street forty-five (45) feet to a point, the place of beginning. Tax Parcel #09-14-0834-074 Being known as 318 Pitt Street, Enola, PA 17025 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2534 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK F/K/A HARRIS SAVINGS BANK, Plaintiff (s) From JEANETTE F. SMITH (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 $33,999.79 L.L. $.50 Interest FROM 10/2/07 TO 3/5/08 @ $5.59 PER DIEM -$866.45 Atty's Comm % Due Prothy $2.00 Atty Paid $376.84 Other Costs Plaintiff Paid Date: OCTOBER 1, 2007 (Seal) REQUESTING PARTY: Name ROB SALTZMAN, ESQUIRE Address: 20000 HORIZON WAY, SUITE 900 MOUNT LAUREL, NJ 08054 Attorney for: PLAINTIFF Telephone: 856-813-1700 Supreme Court ID No. 53957 LcpuLY TRUE COPY eHUM RECORD n Testimony whereof, I here unto set mY hand inn the s"I of said Court at Canis, Pa. - ?rwL 'tta _ LUC= iv Real Estate Sale # 34 On November 7, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 318 Pitt Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 7, 2007 By: < ?'IGJ'j 3n Real Estate Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH 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: January 25, February 1 and February 8, 2008 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 advertiseincnt, and That all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, S W`ORX TO AND SUBSCRIBED before me this 8 day of February, 2008 Notary / NOTA=COLLINS DEBORANotaCARLISLE BORO, MY Commission REAL ESTATE SALE NO. 34 Writ No. 2007-2534 Civil Sovereign Bank f/k/a Harris Savings Bank vs. Jeanette F. Smith Atty.: Rob Saltzman DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania bounded and described as follows, to wit: BEGINNING at a point in the Southern line of Pitt Street at or op- posite the center of the partition wall dividing properties known as No. 320 and No. 318 Pitt Street, said point being forty-five (45) feet East of the Southeast corner of the intersection of Pitt Street and Carlisle Avenue' - thence Southwardly through the center of the partition wall dividing properties known as No. 320 and No. 318 Pitt Street and beyond, one hundred fifty (150) feet to a point in the Northern line of a ten (10) feet wide alley; thence Eastwardly along the Northern line of said ten (10) feet wide alley forty-five (45) feet to land now or formerly of J. R. Bender; thence Northwardly along said Bender land one hundred fifty (150) feet to a point in the Southern line of Pitt Street; thence Westwardly along the Southern line of Pitt Street forty-five (45) feet to a point, the place of beginning. Tax Parcel #09-14-0834-074. Being known as 318 Pitt Street, Enola, PA 17025. -The Patriot-News Co. ....,. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot-N(ws Now 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: 01/30/08 02/06/08 02/13108 ?. D. COMMONWEALTH OF PENNSYLVANIA Nota!* S al Sherrie ?_. time- Vn ary Public City Of Hatt+: r oaupthin County MY Co yno . 4pr=as Nov. 26, 2011 Member, Pennsylvania A=svciacion of Notarie. REAL ESTATE SALE r4a 34 Mirk NO, 2W.25ft Chrk Term fls?r?rls VS Jeanoft F. Smith Attorney Rob Saffzntan ALL THAT CERTAIN piece or parcel of land situate in East Pennsbom Township, Cumberland County, Pennsylvania bounded and described as follows, to wit: BEGINNING at a point in the Southern lice of Pitt Street at or opposite the center of the partition wall dividing properties known as No. 310 and No. 318 Pitt 'Street, said point being forty-five (45) feet East of the Southeast caner of the intersection of Pitt Street and Carlisle Avenue; thence Southwatdly through the center of the partition wall dividing properties known as No. 320 and No. 318 Pitt Street and beyoud, one hundred fifty (150) feet to a point in the Northern lice of a ten (10) feet wide alley; thence weswwdly along the Northern line of said tea (10) feet wide alley forty-five (45) feet to land now or formerly of L R. Bender; thence Northwardly along said Bender land one .Imdred fifty (150) feet to a point in the Southern line of Pitt Street thence westwardly along the Southern line of Pitt Street forty-five (45) feet to a point, the place of beginning. iax Parcel #09-14-0834-074 Being known as 318 Pitt Street, Enola, P A 17025