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07-2752
SHAPIRO & KREISMAN, LLC BY: DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 LAUREN R. TABAS, ESQ., ATTORNEY I.D. NO. 93337 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29280 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF VS. John G. Fetterhoff and Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: O1- ;.?S'?-., COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 N PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA 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 O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & KREISMAN, LLC BY: DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 LAUREN R. TABAS, ESQ., ATTORNEY I.D. NO. 93337 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29280 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: U'`l Zl S 2, (0 l.. % C, 1 I John G. Fetterhoff and Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 DEFENDANT(S) COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Washington Mutual Bank f/k/a Washington Mutual Bank, FA, the address of which is, 11200 W. Parkland Ave., Milwaukee, Wisconsin 53224, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Washington Mutual Bank, FA Mortga, oar(s): John G. Fetterhoff and Beth A. Fetterhoff (b) Date of Mortgage: October 12, 2001 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1735 Page 4122 Date: October 16, 2001 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 56 Broad Street, Newville, Pa 17241 and is more specifically described as attached as part of Exhibit "A": 4. The name and mailing address of each Defendant is: John G. Fetterhoff, 56 Broad Street, Newville, PA 17241; Beth A. Fetterhoff, 56 Broad Street, Newville, PA 17241 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 6. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of January 1, 2007 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 7. The following amounts are due as of April 30, 2007: Principal of Mortgage debt due and unpaid $103,158.57 Interest currently due and owing at 5.875% per annum calculated from December 1, 2006 at $16.60 each day $2,506.60 Late Charge of $32.89 per month assessed on the 16th of each month from January 16, 2007 to April 16, 2007, (4 Months) $131.56 Escrow Balance (Credit to Defendant) ($2,048.64) Accrued Late Charges $829.35 NSF Check Fee $85.00 Property Inspection $212.10 Title Search/Report Fees $250.00 Attorneys' Fees and Costs $5,000.00 $110,124.54 8. Interest accrues at a per diem rate of 16.60 each day after April 30, 2007, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 9. The attorneys' fees set forth above are inconformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seq., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & KREISMAN, LLC Date: BY: Attorneys for Pl 'n iff S & K File No. 07-29280 AFTER RECORDING RETURN TO: Washington Mutual Bank, FA C/O ACS IMAGE SOLUTIONS 12691 PWA DRIVE - 149156DP! GARDEN GROVE, CA 92841 U.14 8 0- R Lkj;G c )UNIT Y-rat m,01GOT16 fl 315 [Space Above This Line For Recording Qatal IRWIN MCKNIGHT & na S 4305329 MORTGAGE 03-6119-005016896-2 Whi-I ITIONs Words used in multiple sections of this document are defined below and other words are defined in sections 3, 11, 13, 18, 20 and 21, Certain rules regarding the usage of words used in this document are also provided in Section 16, (A) "Security instrument" means this document, which Is dated October 121 001 , together with all Riders to this document. (B) 'Borrower' IS jogg G FETTE OFF AND BETH A FETUaMPrr HUgMnip& Borrower Is the mortgagor under this Security Instrument. (C)"Lender"is. 'Rashiaat0a Mutual Bank, FA, a federal association Lender is a Bank organized and existing under the s of united states of America Lender's address is: Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated October 12, 2001 Tha Note states that Borrower owes Lander Eighty-One Thousand a 00/i0c W91 [U.S. ,000.00 poll .n 010 11 interest. Borrower has promised to pay debt 11 451-:3) . 34 (- AFTER RECORDING RETURN TO: >;;.(,'G`tr?;: r•-`? WaHlaingt:on Mutual Hank, FA U M B i R L- 1) G t'N'T Y- P A C/O ACS 2MAt3E SOLUTT03d8 12691 P11LA DRTVE - M3155DPC7:01 GOT 16 H11 9 15 GARDEN GROVE, CA 92841 ISpaoe Above This Line For Recording Data] IRW= MCKNIGHT A iitIG1?3 4305329 MORTGAGE 03-6119-005016896-2 urrHV ITIONb Words used in multiple sections of this document are defined below and other wards are defined in Sections 3, 11, 13, 1$, 20 and 21, Certain rules regarding the usage of wards used in this document are also provided in Section 98, (A) "Security Instrument" means this document, which is dated oct0bar 12 9.9 , tagethet with all Riders to this document. (B) 'ilsorrower' is joist G mmERgery mm Bmn A n=n goy xu ?ASlhu RIO Borrower Is the mortgagor under this Security Instrument. (C) "Lander"is Waahingtoa Mutual Ranh, FA, a federal aaaooiation Lender is a Bank organized and existing under the jaws of United States of America Lender's address is: Lender is the mortgages under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated october 7,2, 2001 The Note states that Borrower owes Lander Eighty-One Thousand a 0o/7.oc Dollars (U.S. $ 81,000.00 } plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not Tatar than November 1, 2031 (E) "Property" means the property that is described below under the heading "Transfer of Rights In the Property." IF) "Loan" means the debt evidenced by the Note, plus Interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. FENd6rivnNIA 77136 (02.011 Page 1 of 16 TO HB RECORDED BK 1735PG4 122 Ell 14 1 E S I T # A 6% 03-6119-005016896-2 (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Condominium Rider 1-4 Family Rider © Adjustable Rata Rider M Graduated Payment Rider Planned Unit t)everopment Rider Biweekiv Payment Rider Balloon Rider 0 Rate Improvement Rider ? Second Home Rider Othar(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations. ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable Judicial opinions. (1) "Community Assccladon Dues. Fees, and Assessments" means all dues, fees, assessments and other ch"es that are imposed on Borrower or the Property by a condominium association, homeowners association or similar orgenization. (J) -Electronlc Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper Instrument, which Is Initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, Instruct, or authorize a financial Institution to debit or credit an account. Such term Includes, but is not limited to, point-of-sell transfers, automated taller machine transactions, transfers Initiated by telephone, wire transfers, and automated clearinghouse transfers. W "Escrow Items" means those items that are described In Section 3. (L) "Miseellanaeus Proceeds' means any compensation, settlement, award of damages, or proceeds, whether by way of judgment, settlement or otherwise, paid by any third party (other than Insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of. the Property; (11) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value andlor condition of the Property. (M) 'Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Peruodic Payment" means the regularly scheduled amount due for ()) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 at seq.) and its implementing regulation, Regulation X (24 C.P.R. Part 3600), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: ()) the repayment of the Loan, and all renewals, extensions and modifications of the Note; (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note; and (Iii) the performance of all agreements of Borrower to pay fees and charges arising out of the Lo$ndwh ceotrher no herrQ n set forth. For this purpose, Borrower does hereby mortgage, grant FyxNSYLVANIA Page 2 of 1 e TO BE R13CORDED 73235 WY-01) BK ! 735PG4 123 03-6119-005016896-3 following described Pennsylvania: SEE =Ac= property located In Q1Mb= na County, which currently has the address of s6 'gRO nD anizxer , [straatl rYiX,F! , Pennsylvania - 4t ("Property Address"): ICttYI V Codol TOGBTHER 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. AN of the foregoing is referred to in this Security instrument as the "Property." BORROWER COVI=HANTS that Borrower Is lawfully seised of the estate hereby conveyed and has the right to 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. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Fscrow Items pursuant to Section 3. Payments due under the Note and this security Instrument shall be made in U.S. currency, However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument Is returned to Lander unpaid, Lender may require that any or all subsequent payments due under the Nate and this Security Instrument be made in one of more of the following forms, as selected by Lenden (a) cash; (b) money order; (c) certified chock, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are Insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer, Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lander in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to Its rights to refuse such payment or partial payments in the future, but Lender is not obligated tc apply such payments at the time such payments are accepted. If each Periodic r ae l Page 9 of 16 TO BE RECORDED GK 1735PG 4124 03-6119--005016896-2 interest on unapplied r.t%ytf,c,tt la oppli°d etc of its arhAdulad due date, than Lender need not pay funds. Lender may hold such aoopijed funds current. If Borrower within a reasonable period of times Lender t shall either apply If not funds such earlier applied such funds or return eturn does them to Borrwer.Note Immediately pr or to foreclosure, No be offset or claim outstanding principal balance undeBorrower from which "paymeey nt might have now Note and this Securityiinstrumen oh performing the covenan s making payments due under t and agreements secured by this Security Instrument. c ee d6 2. Except as otherwise described In this Section 2, Apprcatiae of Payments all payments accepted and applied by Lender shall be applied in the following order of priority: lei (c) amounts due under Interest due under the be ape each periodic Paymentoin•the o der In which it became odue. Such payments shall be applied to to other amounts due Any remaining amounts shall be applied first to late oharges, second to any under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receive$ a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay eny late charge dus, the payment may be applied der delinquent payment and the late charge. if more then one Peri iof the P rIs Ou Payments if nand may apply any payment received from Borrower to the repayment to the extent that, each payment can be paid in full, To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, Of the s are Periodic Payments. payment of (the "Funds") to provide! Payments 3. Funds for Escrow nt l thet Note Bs pad in full, pay to Landr on the ay due under the Note, priority over this can amounts due for: (a) taxes and assessments and other Items which leasehold playments or ground Security Instrument as a lien or encumbrance of the Property; (b) rents on the Property, if any) (e) premiums for any and all insurance required by Lander Borrower der Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Lender in lieu of the payment of Mortgage insurance premiums in accordance with the provisions of Section of th 10. These items are ?? "Escrow Dues,rF es,nand Ass ssment$, y time term the Lender may be an to be shall paid under this Seaton. Escr if any, th, escrowed b by Borrower, Lender all notices of assemounssments Borrower er shall shall promptly Borrower shall Pay Lander the Funds for Escrow items uniesWB Lander waives sObligation tolipaayU to to pay the Funds for any or all Escrow items. Lander may BEscrow orrower Items at any time. Any such waiver may only be In writing. In when and where payable, the amounts due Lender Funds for any or all the event of such waiver, 9orrower shall pay dseatly, if Lander for any Escrow items for which payment of wds has peen waived by Lender and, withi such requires, , shall furnish to BLender orrower's ob ligation to make such a yme tstand ton prov de receipts shall Lander r may require. Eiorro nstrument for all purposes be deemed to be a t and agreement' n and agreement ntined in used in Sections elf BorrowierSisGobl g sated to pay as the phrase "covenant due Escrow Items directly, pursuant to a waiver, and Borrower falls tpay amount amounanid Borrofor an ? Escrow Item. Lender may axwoise its rights under Section 9 and Pay shall then be obligated under Section 9 to repay to Lander any such amount. Lander may revoke pffe4%UVANIn Page 4 of 16 73730 io9-0U xo gg agcoRDED BK 1735PG4125 03-6119-005016896-2 the waiver as to any or all Escrow items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, of any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall 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 an Institution whose deposits are so Insured) or in any Federal Homo Loan Bank. Lander shall apply the Funds to pay the Escrow hems no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow items, unless Lander pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made In writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any Interest or earnings on the Funds. Borrower and Lender can agree In wrifing, however, that Interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there Is a surplus of f=unds held in escrow, as defined under RESPA, Lender shall. account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but In no more then twelve monthly payments. If there is a deficiency of Funds held In escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than twelve monthly payments, Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender, 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, If any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them In the manner provided in Section 3. Borrower shall promptly discharge any lion which has priority over this Security Instrument unless borrower. (a) agrees in writing to the payment of the obligation secured by the lion in a manner acceptable to Lender. but only so long as Borrower Is performing such agreement, (b) contents the Ilan in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; 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 can attain priority over this Security Instrument, Lender may give Borrower a notice Identifying the lien. Within 10 days of the date on which chat notice is given, Borrower shall satisfy the Ilan or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Lean. ?aM=I Page 5 of 16 TO BR RECORD= NI73SPU4126 03-6119-005016896-2 5, property insuYance. Borrower shall keep the improvements now existing or hereafter ainst w "extended with azards the term erected on the Property in h? dsgincl dingsbat nottl mited to, earthqu kesi and floods, for for which uding eductible amounts coverage,' and any oiler altned In the requires Insurance. thatllender requires. WhattLander requires pursuantlto thedpreceding Lander levels) vels) and for the he periods the insurance sentences can change during the term of the Loan. The Insurance carrier providing shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with ion, ce on and ing zone d t rmin tion land cart?ificatlon services unckand this Loan, either: t a one-time charge eflofor od flood services; or (b) a o one-time charge s or similar changes occur which reasonably might affect subsequent t charges each time iernapp)ng ons[bie for the payment of any fees such determination or certification. Borrower shall also be rasp imposed by the Federal Emergency Management Agency In connection with the review of any flood zone determination resulting from an oblaotion by Borrower. If Borrower fails to maintain any of the overages described above, Lender may obtain Is under ation insurance coverage, at Lender's option and Borrower's expense. Lend chase such no obliiggati from purchase any particular type or amount of coverage. Lander may P of through any company ampteble to Lender including, without limitation, an of prate OffLen r, and Borrower acknowledges and agrees that Lender's affiliate may reasive such purchase. Therefore, such coverage shall over Lender, but might or might not ro act Borrower, Borrower's equity in the Property, or the contents of the Property, agains a risk, hazard or liability and might hat the vool of the insurance overage o obtained pm ohtus acknowledges @$coed the kno owledges t cost of instirance that Borrower cold have obtained. Any amounts ldi?s Surosed Y I? timer tdeThese Section 5 shall become additional debt of Borrower secured by amounts shall bear interest at the Note raze from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. subj Ali Insurance disapprove required policlasrs all include a stands dhmopolices rtgage c shall se, andosha I Hama Lender's Lender right as to mortgagee apppprtgagee and/or as an additional loss payee. Lender shaft have the right to hold eve to Lender all the policies and renewal certificatas. It Lender requires, Borrower shall promptly 9 such any receipts of paid premiums and renewal notices, If Borrowerdetct n ofform of the P opersurance coverage, not otherwise required by Lander, for damage to, o policy shall Include a standard mortgage clause and shall name Lander as mortgagee and/or as an additional loss payee. and Irrevocably assigns to Lender all of Borrower's right, title hereby absolutely insurance policy iwhether or not the insurance policy Borrower and interest st in in and to all proceeds from any amage suc was required by Lender) athe insurance poky Is estab hed be ore, on ordafterr the date of property, regardless of whether this Security instrument. BY absolutely and Irrevocably assigning to under all of Borrower's policy, Borr , to the rights hal and all proceeds from all of Borrower's rights toareceive anya and allrofysuch insurance full extent allowed ed by ow, proceeds. 's righ Borrower herey to b a)aanyl ndyallnclaims, present and to Lender all of known or B known, absolutes or unw and interest in any judgments and ail f funds sought against(whether contingent, (b) any mdi lion, arbitration or otherwise), (d) all through or through h litigation, anfunds received or from any party or parties whosoeverand ie?esuany lting and all cause or causesrwhatsoevar, connection with any damage to such property, To 133 88aat= MVIL A page 6 of 16 . to '1 OK i 735PG4 127 03-6119-005016896-2 Including but not limited to, land subsidence, landsilde, windstorm, earthquake, fire, flood or any other cause. Borrower agrees to execute, acknowledge If requested, and deliver to Fender, and/or upon notice from Lender shall request any Insurance agency or company that has issued any insurance policy to execute and deliver to Lender, any additional instruments or documents requested by Lender from time to time to evidence Borrower's absolute and irrevocable assignments set forth In this paragraph. 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, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly, Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires Interest to be paid on such Insurance proceeds, Lender shall not be required to pay Borrower any Interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. 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 the excess, It any, paid to Borrower, Such insurance proceeds shell be applied in the order provided for In Section R. If Borrower abandons the Property, Lender may file, negotiate and settle any available Insurance claim and related matters. It Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, than Lender may negotiate and settle the claim. The 3"ay period will begin when the notice is given. in either event, or if Lander acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any Insurance proceeds in an amount not to exceed the amounts unpaid under the Nate or this Security Instrument, and (b) any other of Borrower's rights (other then the right to any refund of unearned premiums paid by Borrower) under all Insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lander under use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid the Note or this Security Instrument, whether or not then due. S. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security instrument and shall continue to occupy the 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. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, or remove or demolish any building thereon, allow the property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in good condition and repair in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it Is determined pursuant to section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property in good and workmanlike manner if damaged to avoid further PENNSYLVANIA Page 7 of 16 TO BE RECORDED 72295 402,011 nu1735PG41Z$ VI% 03-6119-005016896-2 deterioration or damage. Lander shall, unless otherwise agreed In writing between Lender and Borrower, have the right to hold Insurance or condemnation proceeds. If insurance or condemnation proceeds are paid in connection with damage to. or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lander has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the Insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or Its agent may make reasonable entries upon and Inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shell give Borrower notice at the time of or prior to such an Interior Inspection specifying such reasonable cause. Lander does not make any warranty or representation regarding, and assumes no responsibility for, the work done on the Property, and Borrower shall not have any right to rely In any way on any Inspection(s) by or for Lender or its agent. Borrower shall be solely responsible for determining that the work is done In a good, thorough, efficient end workmanlike manner in accordance with all applicable laws. Borrower shall (a) appear In and defend any action or proceeding purporting to affect the security hereof, the Property or the rights or powers of lender; (b) at Lender's option, assign to Lender, to the extent of Lender's interest, any claims, demands, or causes of action of any kind, and any award, court judgement, or proceeds of settlement of any such claim, demand or cause of action of any kind which Borrower now has or may hereafter acquire arising out of or relating to any interest in the acquisition or ownership of the Property. Lender shall not have any duty to prosecute any such claim, demand or cause of action. Without limiting the foregoing, any such claim, demand or cause of action arising out of or relating to any Interest in the acquisition or ownership of the Property may include (() any such injury or damage to the Property including without limit injury or damage to any structure or improvement situated thereon, (11) or any claim or cause of action in favor of Borrower which arises out of the transaction financed in whole or In part by the making of the loam secured hereby, (ill) any claim or cause of action in favor of Borrower (except for bodily Injury) which arises as a result of any negligent or improper construction, installation or repair of the Property including without limit, any surface or subsurface thereof, or of any building or structure thereon or 00 any proceeds of Insurance, whether or not required by Lender payable as a result of any damage to or otherwise relating to the Property or any interest therein. Lender may apply, use or release such monies so received by it in the same manner as provided in Paragraph 5 for the proceeds of Insurance. S. Borrowee's Loan Appleation. Borrower shall be In default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially falser mislaading, or lnaccurate information or statements to Lender (or failed to provide Lander with material Information) In connection with the Loan. Material represantsdans Include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. S. Protection of Lender's Interest in the Property and Rights tinder this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained In this Security Instrument, (b) there Is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security instrument (such as a proceeding In bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Ins= meht or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security instrument, Including protecting 7739 13 MCI) Page 8 of 16 TO 88 RSCORDIlb O K I 7351pp,- 129 03-6119-005016996-2 and/or assessing the value of the property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but Is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, draln water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does nor. have to do so and Is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender m Borrower requesting payment. 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 Lander agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance In effect. If, for any reason, the Mortgage insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, 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 offoot, from an alternate mortgage insurer selected by Lender, if substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect, Lender will accept, use and retain these payments as a non-refundable loss reserve In lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments If Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends In accordance with any written agreement between Borrower and Lander providing for such termination or until termination Is required by Applicable Low, Nothing in this Section 10 affacts Borrower's obligation to pay Interest at the rata provided in the Note. Mortgage Insurance reimburses Lender for any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage insurance. Mortgage Insurers evaluate their total risk an all such insurance in force from time to time, and may enter Into agreements with other pestles that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party for parties) to these agreements. These agreements may require the mortgage ;3299 LV of A Page a of Is To B3 &BCO DSn BK 1735PG4 4 30 03-6119-005016896-2 insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage insurance premiums). As a result of these agreements, Lender, any purchaser of the (Vote, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrowar's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage Insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk In exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any ouch agreements will not affect the amounts that Borrower has agreed to pay for Mortgage insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and,they will not entitle Borrower to any refund. Ib) Any such agreements will not affect the rights Borrower has - if any . with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance preatiuma that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds,, Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such M'acallaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lander shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such Inspection shall be undertaken promptly. Lender may pay foe the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, tender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds, if the restoration or repair is not economically faasible or tender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with the excess, if any, paid to Borrower, such Miscellaneous Proceeds shall be applied In the order provided for in Section 2. In the event of a tots taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss In value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value Is equal to or greater than the amount of the sums secured by this Security Instrument Immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree In writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or toss in value divided by (b) the flair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss In value is PENNSYLVA111A 7323a tosatt Page 10 of 16 TO BE RECO=RD SKI 735Pb-41 3 ! D3.6119-005016896-2 less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous 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 Opposing Party (as deflned in the next sentence) offers to make an award to settle a claim for damages, Borrower flails to respond to Lender within 30 days after the data the notice is given, Lender Is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower. Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default If any action or proceeding, whether civil or criminal, is begun that, in Lender's judgement, could result in forfeiture of the Property or other material Impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided In Section 18, by causing the action or proceeding to be dismissed with a ruling that, In Lender's judgement, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights atuibmathis Securhy ble to the mpairment of Lender's Interest in the Property are hereby oassigned and that be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. This Security Instrument cannot be changed or modified except as otherwise provided herein or by agreement in writing signed by Borrower, or any Successor In interest to Borrower and Lender. Extension of the time for payment or modification of amortization of the sums secured by this Security instrument granted by Lender to Borrower or any Successor In Interest of Borrower shall not operate to release the liability of Borrower or any Successor In Interest of Borrower. Lender shall not be required to commence proceedings against any Successor In Interest of Borrower or to 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 any Successor* in interest of Borrower. Any forbearance by Lender In exercising any right or remedy Including, without limitation, Lender's acceptance of payments from third persons, entities or Successors In Interest preclude the of Borrower or In amounts less than the amount then due, shall riot be under a wh seSr of ec o ty instrument exercise of any right or remedy. No waiver by Wndsr of any rig shall be effective unless in writing. Waiver by Lender of any right granted to Lender under this Security instrument or of any provision of this Security Instrument as to any transaction or occurrence shall not be deemed a waiver as to any future transaction or occurrence. 13. Joint and Several Liabillty; Co-signarst Successors and Assigns Sound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint end several. However, any Borrower who co-signs this Security instrument but does not execute the Note (a "co-slgner"); (a) Is co-signing this Security Instrument only to mortgage, grant and convey the eo-signer'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 (o) agrees that Lender and any other Borrower can agree to extend, modify, 'Forbear or make any accommodations with regard to the terms of this Security Instrument or the Nate without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and Is approved by pENnLSVLVANIA Page f 1 of 16 To EB RECORDED »23e iD2.01F BK 1735PG4132 03-6119-005016896-2 Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided In Section 20) and benefit the successors and assigns of Lander. 14. Roan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's Interest in the Property and rights under this Security instrument, including, but not limited to, attorneys' fees, property Inspection and valuation fees. Borrower shall pay such other charges as Lender may deem reasonable for services rendered by Lander and furnished at the request of Borrower, any Successor in interest to Borrower or any agent of Borrower. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sate 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 reducing the principal owed under the Nate or by making a direct payment to Borrower. if a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge Is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be In writing. Any notice to Borrower in connection with this Security Instrument shag be daamed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There rney be only one designated notice address under this Security Instrument at any one time. Any notice to Lander shall be given by delivering it or mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice In connection with this Security instrument shall not be deemed to have been given to Lender until actually received by Lender. if any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement Will satisfy the corresponding requirement under this Security instrument. 16. Governing Law; SeverabiGty. Rulas of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction In which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument ar the Mote conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given affect without the 73230JQQZ-9;i" Page 12 of 16 x0 88 RECORDED Bk 173 5PG 4 13 3 03-6119005016896--2 conflicting provision. As used in this Security Instrument: (a) words of the masculine gander shall mean and include corresponding neuter words or words of the feminine gender; (b) words In the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Rorrowar's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the property or a Beneficial Interest in Borrower, As used In this Section 18, "Interest In the Property" means any legal or beneficial interest In the Property, Including, but not limited to, those beneficial interests transferred in a bond for dead, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest In the Property is sold or transferred for if Borrower Is not a natural person and a beneficial interest In Borrower Is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums seoured by this Security Inauumant. However, this option shall not be exercised by Lender If such exercise is prohibited by Applicable Law. 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 given In accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls 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. IS. Borrower's flight to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shalt have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest oft (a) five days before sale of the Property pursuant to any power of sale contained in this Security instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a Judgement 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, property inspection and valuation fees, and other fees Incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's Interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses to one or more of the following forms, as selected by Lender: (e) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are Insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and 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 Section IS. 20. Sale of Note; Change of Loan Sanricar; Notice of Griavanca. The Note or a partial interest In the Note (together with this Security instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicar") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, 732 102-0A 11 Page 13 of 1 a TO SH RZCORDNo BH 1735PG4134 03-6119-005016896-2 Servicer note oof unre and APpligb1e Law. There a change of the !an Services, Borr wer will be given writtenlate sale of the Note. If there is Servlcerthe address to which the change which will stele the name and address of the new Loan , payments should beado and N other ato I* d ndmu,a? ?i+arSprhprLoan 13 serviced by a Loan Servlcarr of transfer at u servicing. the mortgage loan servicing obligations to Borrower win other than the purchaser the Note, by the Kota purchaseroicer and are not assume remain with the Lois unless r otor be herwise transferred by the Note purchaser Neither Borrower not Lender may commence, Join, or be joined to any judicial g ion (as . action elther an individual lidgent or the member of a class) that arises from the oth r P?ched any pursuant to this Security Instrument or that alleges that the other party has until provision of, or any duty owed y by reason (with such notice giv n In compliance,with the crequirements of Lender has s notified the other party nable after Section 15) of such alleged breech and afforded the ??? ble lawrprovides aotime perod which the giving of such notice to take corrective action must elapse before certain action can be taken, that time period will be deemedtotcure gion ble for purposes of this paragraph. The notice of acceleration and opportunity op fortuity to taker eor ective action Sec Section S shall the to Section 22 and the noe of deemed to satisfy the notice and accelerat Seat{cn 1 provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) 'Hazardous Substances" es by wast those substances defined as toxic hazardous 9 soUnesubstances a oseneplother flammable or toxic Environmental Law and the following substances, petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing M "Environmental Law" means federal laws asbestos or formaldehyde, and radioactive materials; on,rem dial and laws the ( where a mental Property des any resp nse actit n environmental protection; action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trig penal, nvironme allle lea oip, or any Borrower shall not cause or permit the presence, use, Prope Hazardous Substances, or threaten to release any Hazardous Substances, onop? the $) that rt' Borrower shall not do, nor allow anyone else to do, anything affecting the at (W ich, violation of y an ce, use, ortrelease of)a Hazardous Substance, creates aCcondition,that ad elrsely due t the e p es effects the value of the Property. The preceding two sentences shah 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 (including, but not limited to, hazardous Lender written notice of (a) any investigation, claim, demand, Borrower shall all promptly g involv the Law of which Soo er has' actual Environmental agency lawsuit or nd eany action dousYsubst nee governmental Property and any knowledge, tb! any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use, or release of a Hazardous Substace which ad rersely affects th rity value anf or autho, or the Property. If Borrower learns, or is notified by any governmental private party, that any removal or other remedlation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. Page 14 of 15 To 8E RECORDED 73?N3a 102-0 1t 6K 1 735FU4135 03-6119-005016896-2 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration: Remedies. Lander shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in ibis Security Instrument (but not prior to acceleration under Section 1S unless Applicable Law provides otherwise). The notion shall specify: (a) the default; (b) the action required to cure the default; (c) a date. not less than 34 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default an or before the data specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of .the Property. The notice shall further inform Borrower of the right to reinstate after aoceleration and the right to assort 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 Section 22, including, but not limited to, attorneys' fees and costa of title evidence to the extend porepitted by Applicable Law, If Borrower or any successor in interest to Borrower files (or has filed against Borrower or any successor In interest to Borrower) a bankruptcy petition under Title 11 or any successor title of the United Staten Code which provides for the curing of prepetWon default due on the Note, Interest at a rate determined by the Court shall be paid to Lender on post petition arrears. 23. Release, Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shell terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security instrument, but only if the fag is not prohibited by Applicable Low. 24. 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. 25. Reinstatement Period, Borrower's time to reinstate provided in Ssotion 19 shall extend to one hour prior to the commencement of bidding at a sherriff's sale or other sale pursuant to this Security Instrument. 26. 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. 27. 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and In any Rider executed by Borrower and recorded with it. is a 102-011 Page 16 of 16 TO ES RECORDED Bj(1735PG4136 03-6119-005016896-2 X ,TO G FSTTEAHOFF ]G BETH A PETTMHQFF (Space Below This Line For Acknowledgment) - r i certify that the address of the foregoing mortgagee ls:_41,00 e- ? ate COMMONWEALT F PENNSYLVANIA, ?(J County Ss 1 th a ay of , before me, Vhf ir.. ?S? -- Vr?l?, _ ,The undersis?nedlofflgeT,Msonally appeared known to me (or satisfactorily proven). to be the pe hose norna ? ted the some far the urpose e to the within instrument and acknowledged that ex cu herein contained. MGllIINESSI-WEREOF, I hereunto set had and gffl I seal. WAbtrtmisssiapires: u rlst seal SL;aM M CM . ,',. -! ' :1?'}9 p' h?tvaPOk 3 Irv f 16 A71?l1tlor101T?o1Otl49 M4tllb?ri? TO BR PLUMED= to2 oifY' ' ' y Page 16 o 7 Y ,. , C ?j g: C i r •y f ?1? .. ,' BIB1 735PG41 37 4 schedule Land Descrntlon Number ALL ed CEItTA'N lot of land and the improvements situated and erected th?arean, situate at 56 Sroad street Qwville, Cumberland County, bounded and described as followsPennsylvania, Borough of more particularly QN THE South b Propert y said Broad Street; on the West by y alley; now or formerly of Clair S0116 nberger; can the North G1.byenn an Mohn. and on the Bast by property now or formerly of HAVING ?+ frontage on said and extending in depth at an Broad Street of Sixty (180) feet to said even width One (60} feet a two and aileY on the North. Hundred Eighty One-half story brick dwelling improved with improvements. house and other BHMG the same gremi,ses which Harold D. 5n and wife, by their deed dated October 12, 2002 Yder and Tenna K. Snyder, husband Recorder of DeedB in and for C ' 7 and recorded in the Office of the Page , granted and aouvep dbtol John G. Petterrhhoffland Betead Boo)c husband and wife, mortgagors herein. h A. rhof I Certify this to be recorded in Cumberland County P.A. ?+Adi?Yi? '" i` i Reorder of Deeds 383D34 BK 1135PL-4138 Aa:`-27-07 12:24Pm From-WOah l not onMutu a 1 +804 281 4728 T-577 P.001/008 F-085 0030168462 Waslalagton Mutual 03Y 1-.C>. Ma- ax 44090 44090 P.O. JacKSOnvllle, FL 32231-4090 MAYCit 18. 2007 NHWNGLNNN N040060B1BB9B62B7ft BETH A P9ITERHOFF 6E7 BR4A0 9T NEWVILLE PA 17241 Vyg suF A D88T GOLLHLZ'OR_ T'F3I5 IS AN A'I"T'FiMPT TO COLT J-4= A I]HBT, ANI} ANY INFORMATION OBTAIl?iSD WILL BE 'CJSHD PdR THAT PLJIZPOSH_ NOTICTi. OT COLLECTION ACTYVITY MIM. .000UNT w 0050168962 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Thb N?tis9 a:Ortafn* lmpprtaat asina fadsr+entlen_ ff >su hive ara> 4ae^tlsn+. Nprw?'*tAtl1•?i ac a*?? Coruu*nar CeaWe Caurrwani Aianv? mar N obN to heap axpaal? fit. Yea ms> alw .??ns u asnmet an sttOrn*> to >oac• faaep. Ths 1e9a1 bAr a*rNlwt?ea may W obl? m Mlp row llnd a tnw?>ee_ LA NO'1Zi'TCACION 1QN -I"W WO, an DH SUMA TMpp$TANCIA, XWIXN AlSCTA au D8R8CIi0 A CONTlNUAR VIVi7END0 SN SV fI NO GXOMP tUMW 4 WL. CONT>i:lY1P0 xv= MWWA NO.....c CtON OaTBNOA LMA TRADVOC'iOTr 1N?iRDiTAMBNTd' LLAMALVDO WwrA %"W%409A crIMI4 YiYLVANyA tiOV9IN4 II?TANCR AOENOIr) fIN CARI?W AL T11J1?R01?lRPTC10NAD0 °a??A' ,LUMPS i8it RLL'OIHLR PARR Yl•1 PfeRi'T'AMO POR 8L ta00RAMA LLAMAaO ^TwM1i01'a'N1P.1r'i 8M8IIOHNCY MORTOA08 AfaTaTANCR pROORAM•• 7L'f.. CLIAL P*JRDS CALVAR OW C"A l)8 LA PRRDIT*A D8L OIEREC770 A SMUTMJR iV RLPOTmCA. PA ACT 9i PAGE 118* RCVD AT 412712007 11:33:57 AM [Central Daylight Time] * SVR:FAXWDAL007123 * DNIS:6415 * CSID:+9042814729 * DURATION (mm-ss):01i2 EX"15%T ••6` Ape-27-07 12: 24pm From-Wexhina<tonMUtual +904 281 4728 T-577 P.002/008 F-065 IIOad1!%OWNBR•S iVAM8<S)• !lath A- Fswrhofr PROPBRTY ADD 06 Droved Bt_ N.tlvtli. PA 17241 LOAN ACCF• N1lA•ID8R• 0000168962 ORIGINAL LHNDS•R: CVRRB'NT L8N D8R/6L8RViCHRs WashinSton Matatal Dank IWS lt3QMEOWNfiR'S HMSROHNCY MORTGAGT ASSISTANCE PgOGRAM DH 08L1<DOIDLB Fp MBRG?NC7Nr MORTH SSI9TANC8• AG8 ASSISTJ?NCTw ACT OF 19890(TH8 , ACT••) YIOV MA CAO • IF YOUR DHFAVLT IiA6 IIBHN CALI6ED DY CIRCIIINBTANCS9 IITi_YONI1 YOUR CONTROL. • IF YOV Z;AVH A RBASONAD3-•IL FR093PHGT OF HHING AHLH T430 PAW -M M4MIF4ffjrciA4m= ]PA Ip' YOU MEET OTHER gL,IG181L1TY 1lEQVDiIEMHNT6[ ESTADX-X%M 8D DY •rYIH p'BNNBYLVANIA 80t]S1NG FINANCE A6HNCY. O L•l.[..f)_41IH8 - Vadsr %h. A.s. You ars .atltled to mperarY stay o! ser.elwur. on your morsgsgo ibr thirty (90) dogs from site date of shit Notie.. C.-ins,b t tlm. you uas ur .ads sad a nd . "iaa.-to-! e.•' m..NaBtL oan o! t+ar eo s _ Y._-_-te..? ..?•..?t•s ltaa.d at tL. sad of skt[s Notlae. ?_ ___ __ ____ _._-_? .....•.. -..v .m -e•rc n.•r-v TR ?um D6 - if s wfsb o of ihs m r or.dls iso0assltod adsa?lm listed a she sad of __ s. ,.: n rases you race a. prom. ?` this otla. she i actor taaY N02- slice setae Nadain t Yon for shirty <90) dayr afser she data of ehir ms.rLst1. - ]s it ealY aeo..rary so sah.dul. oas bc.-m-sale msstlad. Advlre your Lnd.r i ? ? of your lavasl.nw. ...n *r .a.. ['f*a?.. - asYFaTATIr`8 -Your moridrd. 1r sa MSutt [a she rmroar sea feYth lacer id llt:a Notfe. (rss follerw[a6 pade:r for rp.cific iaiormarton sinus lass a.mm of Your QsEtul:). lE you hove u[sd and are imaWS m rasoLve tLL prablam wlih she leader, you hays the rf dhs so apply Sor daaadal asaLSSaa<. hom she Hom.ow..r•r 6taerdeaaY Mnredaj. Asslstaau Prodram. TO do w. Yon raves =1 sus. r14a sad file a nomplssad Homsownsr•r IImeri[®ry Arr[rtaaro Presram App7iatSaa v+[th oar of shs da:ddawtad ooartsmar ared[s varaiind ad.ae:Y !:lead at tits sa4 d sits Nostra OalY raasumsr credit maaMlirsd ad.adar have applieasioos for the prodrwsn. end filly pmtmwra.d w[thia =Y-f.1f a appllessioa to she p.asasylvwata Howtad PiaaApneY• Your applluston MUST lar 911a4 wilt ssrlrs you >a rnbmLtsind a tsirty <Sol er Yolar TaCS-to-faa. moedad. YOU MUST F-Mic YOtLIR AP°•'• -aTiON p$OMPTLY. fs YOV PAIL. zh DO s:0 oft Ir YOU DO NOT FOLLOW T3I8 O'i iIHR TIM>r IF-IM10Dd SHT FO$TH IN T!!IS t r•,•?t•te°. FORBCi-OSVRB MAY PROCEED AGAINST YOUR HOME I ssms1A "-. AND 'YOUR ATPLICATIOM FOR MORTOA08 ASSiVi-WC WILL AM DDN(IIID. ALiR r-v . - Avatlabl. funds far smordeaeY mertPfs arrtataau ass v.rY ]1mi<ed. TLq• vAu be dlrbu-I by the Ad.neY -4.1 tb. sl[d)b[liay orlwria sstabllrh.a Lry she Aes_ Th. psarlrylvsnla Hnurlrn8 Flaaaoa Adoaoy tsar r[xtY <60) days to malt.. &-AM- after 1s -ivnr your applloasioa. Dvrtad shat time. ao fprselowure preaoaaifaP trill b• V-4 asdiprt ynu, Lt yess Law mat tin same Y.Quiramsnu ass fertL .tour. You wlll ft. ao<ls.d 4traotly by 0- psaasYlvaala Houa1n8 Ftaanoo ASaary of ltr d-?c-a^•- on Your applla.slma. Mcswiic 1F YOU A$E CURRENTLY PROTa. Basso - Z't= FiLIm4c; 01' A PlTITIQN DV > WA ftxyv.i'CY. W*M FOLLOW1Nq PART OF Tliis NO mac Is FOR INFORMATION PVR Mwa OMLY AND S1iOlFI.D NOT H8 CONYID"'°•^•' AS AN ATTd'MT•i' '1.O COLLHCT Tlii• D 'IUT. of you ft- nl.d bankrupt-. Yw vest "" apply der blsaerd.n.Y M.rtdaa. Arabtans»J PAGE 218 t RCVD AT 412712007 11:33:57 AM [Central Daylight Time] t EVR:FAXWDAL007123 t 1311I8:6415 t CSID:+9042814729 t DURATION (mm-ss):01-12 APt*-2T-07 12:24Pm From-Waahlnct-Mutual +004 281 4728 T-5TT P.003/008 F-085 T rHrlns 1! n !n dstel. aYli _T . Tits MORT(3AO33 dobt hold by the above leader ea Your proltar]Y located at. 56 6zow4 81 Nswll]o PA '1341 IS 913pylOYJ 3LY ?T DIi1+AV LT SHGU9I3 Not:-pwymsat A. YOU HA?B NOT MADII MON'[1-1LY MOATGA(38 PAYMIINTS Wr abs followit.g aaoetha wad tLe felloviaR amew4 wra oov paaa dUa: saen.s 1 Moaably laatalimeaae: .W. 3r2O7 9RM.21 O3 X-o S8g4.23 Other cbarasa (.=1+idttAaomiraj: 5036.01 Uaeollsaasd I.aW CharlWS 9168.10 vaaolleoted f•eeez Moo taaw Cradtae ssacaJSt TOTAL AMOLTPI'P PA6iT DUE. 8_ YOV [iAVII AA]LSD TO TwKB TI;B POL3AVV1N0 wC'i'[ON (Not app]laab]aj: Yeu he default within THTA-TYf (30) DAYS f tnd doe of tC]s rive sY pAYQiO T? 689 TOTAL ADti0U3VT PAST D1LT8 TD TSIB 1RTt( NDIf3t. NN'TAx !E [B 7iSeOR_a3;, PLUS wNY MORTOAOB PAYMBNTS AND LATE CHA6[ ali/I-IICH S8COM8 DV8 DUR[NO TIiB TK (30) DAY PIIR]OD_ P.aa - - - • 1`° t.. a[abar ].v as.l+_ ?..]+]a?•a cl+K]._ r?ra]nwd _ e _e a Woalaiapeoa Mutual Bootle Caeb procaselae{ pA. Doi 413')6 jwala.enYllla• IfL S330S Yov awe a waY ocher dofaatla by te]afaa the f011ow:aa aatiea w,ithio THiliTY (30) DAYS of tlta date of thlw latterc (Not aPPlfasbla)a If yw don saN eba dshala vl<hm THIRTY (3o) DAYB of the date Of able Noalw, !.•? 1...?...t??? ????_?YR2•? "[e -..• .. trt_` _ ___ ?t dwM_ •l•Lia muaa oboe th0 etftlr=oatvtsndint bOlaaaa of able d.be wlll bs Omuida-I a immediately. snd you may lace eha tits ebanas w Pay the moraj 2p !a moaahlyQ ea O1iR full pwymsatw the tots] amo t psa< dus is n t o>wde wlthia TI-318T]C (30) DAYS, tbo leodor alw lateads iaatroct ita taoratsys ao iaaal ion r aers u N The mar oP4 p .I-Y wlu a eWtl by the Sheriff t0 3- off aha moreBnnlp dabe. if aha loader rsi ra yotts a to its wttozasYe. bua you euro the tleliaqusa>oy before elaa landsr baa(ua 1.8.4 proassdiaya adp"- Yatt, you wall .W. p w4tatzsd m pay the r.auevabla wtaeraeY'e fast tlaat wore aOtuallY las 1-4. up to 930.00_ i-lovsvar if lap) proaasdlaip ors ---I a8alasa You. b° you v.ill bava m pw all resfonabla at ry'a fYe actually [aaassarad by t ?IonT ar oven if thsy s+.essd S3D.00. waY art°r'°sy= !n°a r131 add sd ao ahe atop you Ova the Ioadar, vhlah maY d.0 laolUd ber abH costs. ICS+a-- C rod a iba - e - Tits lased', -Y ale0 sue YOU parao Iy far the -1a prinalpel b.3- awd w -ft- aurae duo oader the maartllaaa. rA wc-t- va PAGE 319 t RCVD AT 412712007 11:33:57 AM [Central Daylight Time] ! SVR:FAXWDAL007123 t DNIS:6415 t CSID:+9042814729 a DURATION (mm-ss):01-42 Ap -27-07 12:24pm From-W&ehlnatonMUtYa1 +004 281 4720 T-57T P.004/008 F-066 Bap"IMEM BALR - k you bays tot saisd tbs 4.fte t w:a61a eLa THIRTY (30) DAY paned nad 6arscltvuss odtaP haw baiaa. R Carlns rear aeraun In tba mlta..er eat Sartb av Lttl. vote.-e M>L rgtero yeas mOYtSa6s to the sataa pOattien as if tea bad stews dehtulted- _ w S le L btiaaataa that <ba aarLaat d?ts that eaob s Shsil£iY Ssle f tbs meitY.aS°d PCOPar\J' could W held aroulQ be PPOf?noarwlih mOnaat a?ee4ad so mourn eiLe dsLvlt w11I ! tLa louses Y0v st ?of Ytb?3ba ft Sale wrill` Y esaas <<ly wrii< shse required payment or s°tiva wlll be by cpatna<lnS tits lpttdar. w °ut tYa6e d OZ_ ?= Nsma a[ Leadnre Waahtn6ton Muwal Laa!< Addwb• 7366 SaYSaeadors Way Jaaluonrltle. F'l. 11166 Phaae Numbcra 566-926-S9S7 Pas Number. 901-161-991s Ceataat Parae t<Oiieesbv spar IImail Addraa. _ tm?nec^? You ald alisa hat Shs it!• Sala wlll ad youi asebLepwf the st6a0sd psoparty tad your 1 1f a?r_R. after <lae ShafiK•s Sala. a lawav[t to rom Yea snd yvaY Zurai.bia0• tad etbar Y atia to t....a t PruPe'ar t -Y r15ba oce?p.Y W : ? luau r a tlma. mleadav la ba . d br _ _ or tr e _ not it or traaafer y r Loma <o a bvy_ r aasforee wLe vtll astam the dad all tha o mid a0 paYm°av'. °L?Oat. and ottoraaya [am nad e0atf sra potd Pr\or t° or at tba awis. tad tLat 05°? Qsi'<' ms of ebs srlostgaSa art otla 4- el?s has segttlr ata S THR RrasH _ TO SHLL T"HII PR OPBRTY TO OBTAIN MONEY TO PAY OFF TH8 MORTOAOII DEBT 6R TO BORROW MONEY PROM gJVOTHER LBNDINO INSTITUTION TO PAY OFF TH19 DBAT. TO l?-."?VH T1•LS DBFAVLT -ww l ? DY ANY THIRD PARTY ACI]NO ON YOUR SBHAI-F. 'f0 Iiwtrll T5>8 MORTOAOB RSSTOR8D TQ THH SAMR POSITION A3 IF NO DHPAULT I9AD OCCIlRRBD, IP YOV CI.IRII YB YOV DO NO"r alAYE THIS RiOHT TO CL1RL? YOUR DEFAULT MORN. TI-lAl`! "1TiRZII TlML3 _ = Hn aFgi 8ND M O NSTITUTS.O UNDSRSMORTOA.f38 DOCAUM.8NT3 ANY PORSC[..09UR8 PROCBP-DaTO OR ANY T&IRR LAW6UIT TO ASSIIRT ANY OTT-i61R D11P6NSII YOV SBLIHVB YOV MAY --n TO SUCH ACTIOTI BY THL ' w<rtBR. TO Sffmm pm. -rn.=MOw WWc.MR T z-M F8D8RAI-• 9ANl6tUP'1 GY -W. CONSVMSR CREDIT t^ALNSII:I.•INb A6ENCIS4 BBRYlNO YO17R COUNTY AR4` ATTACfiItD We may rapeYt inleYmatlest about YOar aesOana to asadit bvrosva. l.nas paymsnaa. mlbaQ psYmeata ar ether dsfaulU On YOYY neaeudt ennr M rsflaetad !tt aeur ersdlt rol.ers- PA ACT 9a PAGE 419 t RCVD AT 412712007 11:33:57 AM [Central Daylight Time] t SVR:FAXWDAL007123 t D1,1I8:6415 t CSID:+9042814729 t DURATION (mm ss):01.42 AP,'-2T-07 12:24Pm From-WashlnstonMYt.-I +804 281 4728 T-5TT P-005/006 F-065 OOSO168962 Mutual 16. b4.11.i-p Y- 031 MailaIS P.O. Box 44090 44090 Jaclcsonvilla, FL 32231-4090 Marcts 18. 2007 NOWNCLNNI< ss0aoos0a 1 stsaaazs?a JOHN 6 FETTERHOFP 66 BROAD ST NEWVILLQ PA 1 "T241 WE A.DF A I7H3E3T COI--I-.HCSOR. THIS I9 TO CQLL3--CT A TJEBT'. AN'D AN`Y INF'ORMATZON OI3TAI21T33D WIT--%- MR T-JSEI 1 FOR THAT PURPOSE. NOTICE OT COLLECTION ACTIVITY R8: ACCOUNT N 0050165962 ACT 91 NOTICE T A_KF ACTION TO SAVE YOUR HOME FROM FORECLOSURE Tb4 Netfae asntaina 4mPertav< Ieaal fvfervtatfov. If Yen ttaw asst atteatteve. a-ePawvsattvM vc <l+? Cnvaumvi Credit Cb---?`•v0 Atsnry may tse aisle to bsly sxntdv lt. Yon may deo want to aev<t,Ct sn asterney to Yevs• at'ee- The toad bar atesalattws shay ba able to belP Yev lis.A a lawyer. I..A NOTIaI.CAQON 824 ADJVNTO Ss DR SVMA IMPORTANQA. r)J$S •^S''-" A SL PiRltCilO w CONTINVAA ViVt=1VD0 aN SU CASA. fi NO COMlSSNDS $L CONTSNTDO DS »aTA NVl'lS1CAC70N OOTSN4A tJNA 'tiIADVCQON INMSDITAMICNTIi t.LAMANlDO SST- AOSNCiA (lImNNSYLVANIA 80VSIN0 811•lANCS A61tNCY) aI1Y CAROOB AL NVMSRO ]MliNC10NAD0 ARRIHA. P1TS:DL's &wM Xtvr•rsts a lARA VN !lR>1LSTA1sI0 !OA NX. t CNMJ AMA t.LAaaADO '•tlOMlOWN=A•6 7EOYt><'itb>O:IVCY MOIL i'OAb1a wsBISTANCB I•ROORAM•• SL CVAL rl.)'.'1D8 SALVAR sw CASA DS LA r81tDIDA DSI. D8REQi0 A RIMIPAM t WU HIlC-MC-- PAGE 519* RCVD AT 412712007 11:33:57 AM (Central Daylight Time] t SVR:FAXVMAL007123 < DNIS:6415 t CSID:+9042814729 t DURATION (mm-ss):01.42 Aa1-2T-07 12:24em From-Washin¢tonMatual +¢04 261 4T2¢ T-577 P-006/008 F-065 plOMEOVa•TTER'S NAMEC6)a PROPERTY ApD v s .Tolan G. lp tf f.aff 60 Sroad at. Nataville PA 1.1341 LOAN JwcC . NVM88Rs 0060166962 ORIGINAL L8T43M8Rt Mattsal Swale CVRR.R.NT LELNDER/SrLRVICERt Wwahfn6ton HOMHOWN$R'B EMYtRGEIVCY MORTGAGE AS673TANC8 PROGRAM ii M.&`Ir Rg Y ICSIRL6 IB'OR SI\?ANC AL A .aiQTANCB `D?HICH CAI.I cAV YO t0 HOMH ROltT FORTi °LO4L R?_+. Al?•^? HHLP YOL MAiC_ FC>TTIRS{ MORTGSAC3H PAYMn'fs7TS- IF YdV COAdPLY WI1•iI TLFIT PROVISIONS OT THE gpM¢O'grNER•8 BMERGIi'NCY MORTGAGE ASSISTANCE ACT OF 1983 (Tiam "ACT")• YOV MAY HE MI.IGDiLE svOR WMM]WC ENC1f MOR'I'GAOR ASSISTANCE ¦T YOLTrt Dlil"'ALTI.T 8AS BEEN CAV88D SY CDtCT.T17lBTANCBS SE rcpwD YOUR Cncor ROL. IP' YOV HAMS A R8A$ONAHs-o PROSP'ECl• dP SEI2vfi ASLE TO PAY YOViI MORTGAGE PAYMBNTB. AND IP YOV IrITET OTIGLR ELIGISIZITY REQ;TIREMEN TS ESTAHL.ISHEI? BY TIC PENNSYLVANIA "<3,MsTNG TYNANCE AGBNCY. wa satoRila¢e ioe thirty Y O - fJvder the Ae't. You era aattalad to v temporwry • Y of forKlMUra oh Your (70) the t4s °°°auaa°r days frem Bete o! t}tla Netiaa' Durlaa 1La lima you must avrats¢a d --d a •'iLan-ttt-SOa' Tm ?a Y"A1 - o! Credit covaaa\fa¢ s¢aarlas >;ssad ? t>» oad of tLL Vedas _ v^' vrttt wrt aT t; "M' o tsrw[nsity rand aYw 'rP v _ _ _ }t\l?r+ ? itr IuDRT6?AP L P TD D?T? TifP. P_ __ - ]f You to wlsb oaa of {La coaaumn eradtt uraYe\ftt6 aaaae\w lbtad a [lea and of chid aOtlCe. the lanOar mwY,N 4T talcs aeslew ayataat You for thirty faoJ dayr eftar she daa of sNi• n6. It L only necessary to aChadula one face-to•-f raeatlaw. A AI- Ynur loader lzn- i? of your Lataataeas. - -Year mer{PSa W to drleuN for sbs t'aYOaa eat Ibrth \swr la able Nmiw (aaa lollovda¢ palPa fes apaeLae faferma[iOa alwu[ eha aatuN of your dafauiq. If you Lwye tried sad astt uztabla m raselw t+ds problem with t1La leader, you hw.•a sM rf¢ht s0 wvvly ios aawvaiwl aaalatwaae lrom the ftemeewaer•a Smar¢aaay Morapa6e Asairtaaa Pro¢ram. To do so. You must all Otat, sI- sad ale a eompleaod FIemoewaer•a Smar6avCy Aaf\seenaa proaswm APp\bwtlev wish oaa of ibe daw[¢aased mawumer Crrri{ coutaNlla¢ aa7tinlq lissad wt the eed o! thin Noslee_ Ovly eoawumer eredit ceunwltna altanalM Mw applirAtaeaa for [ha ]>cebrarv. avd city aaill etafrt yea la submttttaa a template appLwaton so aNe 1'anneylvwvla Houalva Piaaaaa Altmq. Your app\featbo MUffiT Le Sled or dwri of your 6Ce-to-4ae maetla¢_ poetmarlcad wlthla {Niray (9O3 YOV MV6? aiT_E YOUR ?WZT W PROMPTLY. 117 Yotl TAD. TO DO 60 Oft TS YOL! f10 _t w TOT- w T1tE OTH>a[ TIME pgRTppB pET 1tOR'1•H ITT TIIY6 LETTER. 1O8ECL06VRE MAY PTt __ A6A11V6T YOLTR HOwsE iMnaEDIATELY. Awn YO1IR APPLICATION POR MOR?4AOTt A159T6TANCE WIl-1. 3- DHNIED. fT! - Available funds fot amas¢eaaY mortaa6a uvstanea wsa ywy 1laaitad. Thtry .writ by dtabtssae6 by aLe A¢avq under tea eli67billty tsr{tarla artabllshad by the Ac[. The Peonsylvanla FTOUatst6 Ft]--a Ayoa & Lea IY .- c malts decision after Lt raealwf year gppliea Dar in¢ that of me. sto ioracloautr proeeadlnp hll ba Yo.u. . If ye- n Nava men the t L ime raqulremsnta net forth wbwa. Y. ou will M aositfad dtraC{lY by tLa Paaawylvwtala "--t- Pfas.. a A sop- tleY Ol tss QaCUlon on Your wppµcwito{a. NOTlit TF YOV AR8 CVIIBSNTr.Y PItO•DSCl'ED AY TTIE v'^ -;. OT A PETITION IN YANKRUP'1'CY. THE TOLI.OVYIIVd PART OP TTIIS NOTICE IS TOR TNTORMA?ION PUR14MMS OTILY AND B31KOl1LO N437' 08 COIV9TDER8O A9 AN ATTSINT•1• TO COs • °'^" THE p>InT. PE Yeu Naw lilad bwahrvptaY. yes aan aafll ap1NY for Emar6aaaf Martwa6a waasamauJ PAGE 618* RCVD AT 412712007 11:33:57 AM [Central Daylight Time]* SVR:FAXWDALOD7123 t DNIS:6415 t CSID:+9042814729 t DURATION (mm-SS):01-42 +904 281 4729 T-577 P.007/009 F-065 Ao*-27-07 12 :26pm From-Waahl ngtonMutual ti --Vqr Y - L S O '[YSACg DL+-F_ tl[? 1< a? Aa 1` T properfY locotod w hs MO1iTGAGB dabs hoW t3- --a- abo--a- on Your t .T by ` W Iirostl <vrville PA 17241 IS Syly]OLgLY 1N D1iZ At]LT BHCAUgri Nea-pwYmaae YOV HAYQ NOT MARY MONTHLY MOR'fGAG73 FAYMBNTB ibr aho lollowlag meaahs and ab• folladfag omounts vs vov Maa<baY laoaallmsna: o1lOl/200'! 7[sg4.21 ow01n0? Stlsa.21 03,0]c20Ur! Osher cnvaes (et..plwia/f<emian): 1ip20.03 3268.20 Uneollsctad Paoa:CbvCaw 50.00 gswtla.aal Loa. Credltw TOTAI• AMOUNT rAeT PUB. u. YOU HAYl3 PAl1-aD TO TPw]cx. -r-- 1=0LLOWINO ACTION (Nea wppllwbla)^_v! ~fb_ a.aa ni Wiw aaalna BY PAYING '1'HIC --- ww.h.aatwa Mated nanh 1 a h r.-P..»laR p.0. nez 47275 JwesvonHlla, )Ti a22ag har dafavlt by tal<ins abo louPdtag wctfoa dlUtla Tii]RTY (30) DAYg e[ thr dau O! thla lotcnr. (Noe aDDlleabls): You caa cure m DAYS o[ ahs dsas E tbla NaUO•. ab? -eaK 1'R - A1.lI.T - 1[ You do aot urs ab?; atoult Wltbla T[IIRTY (g0) o _ _ _e -- ??,? aoa that ehs saat.-a eataaatlins bwlwaee e[ U.I. dabs will bs P aidPrwd 1WS< ` nBA ma la meathl lnsmllmaatw. l! [ull Daytttant e[ the ......... due immsd isa•lY. and Ye maY 1 tba the Phaam t ^ P•Y aho mortgw9a Y .ura 1s9a1 antloa t0 r '•.'• ?"•" due tan a made wialaia THIRTY (90) DAYg. tbs loader wlsa lasaads to tnoaraacs tsa wasaraaY. to ofn^ s? dabt. 1[ ahw e`eae?a 1 F nvra ttvou Tha mortgwgsd DropwrtY '^'Ill ba sold by tba sbar[8 so D•Y o![ saw mottpae E T o8 ers abs dsilaquoaey be[oro Uts lsatlsr beWa. laswl proassdtaaa wsala.a YOY, YOU w!U oUll tae Iaadsr raibrw your eaaa a=t. st<armys, but Yoe c tvallY [aeurrW. eP m s ?•M. Howw•r, u legal pre•s•tluwY are a<wrsatl aaalme yev. rsgvlrad M p., 1M rwo ble ataotMY'o T •w shat dare wP hw lPndwr Lt..- as a SSO.Oo._ -wattora n r -111 bo you wRi bwva to PaY all rayepabb wtmasry • 5M sesedlY Iaousrad by t - __ _ TY t?gl added to <ha o t yeu a <hs landac. Whleb a.wy aswo ladedP othorrowa0awbt• eaawa.. f, M t as - 'e'T? - A-- ps11Y tar the uDeltl DrlaeiPwl b-??? a aad pil o<lvr .nat. due vadar ahe - Tba lsadv mwY alaP see yoe pveo moragaga- - - -1 at PAGE 718 t RCVD AT 412712007 11:33:57 AM [Central Daylight Time] I SVR:FAXWDAL007123 r DNIS:5415 < CSID:+9042814729 0 DURATION (mm-ss):01-42 Ay -2T-07 12:25.. From-WashinatonMNtual +004 281 4T20 T-677 P.008/008 F-065 Vl _- _ ___.-.? ....? esOrotpP-O1 t - <t Yeu baw aot avrstl tba dc(iul< wlebin sb! T1sIIeTY Gtl) DAY plsla esters razes more{ww0 <o clx! .a.tt! po/ft1a.. ar i( Ysu nao ae+ar s _ Tr g v U-3 - is >a asaimatad abas xbs a N4-0.ot- data --1- such h a BbariTf•a Sals of Lhs rx6a6ad PrepsxsY cou ahlu ? ad avcvns ony NwPnr imwswlY A lnoltetia t'rorn tiles dsto of tleia otis A TWO a.tslal dots o[ ¢d ld b! held ultl > o YeU bslors sb ia. OE..Ursa. xbs amouas aaeded ao 4uea ibs ddaUlt WS11 Ta.raana sa ]aa6ar yeu wua. rsd paymea aasi.a will its by conxaoxlat tbs lsndor. Liss.. axaotlY .vbax she ragvi t or Naaxa o(Lladara Wasbiawtoa Mnsvawlsaxala wJdrlu: '1366 LPYtnMdlvra sY . pl. ?2Z36 Jaebre -SPa Pheae Nu.nblr: ?; P-?y?P14 ceneacc p ra? it. Couaatten u!? ??m small wdarorr: y rsa Portaaaad PrPpsraY ?aad etbsr our o r vs J YOUr furalOTln® 6F 6 o_LEx - Yo eb U]d salia! tbsl SbaryTFS Sala will ad Y F tbs ix. IFS a axlav xo ltw to sLa mopartY afc°r tTas ShOrFTPr 3010. 0 lowsalt x you rtic Osfi ngaa o?vln ba a Od by xbsals ndsr sx aaY si s. r sr T6A6E - You sY or .>?rnwY not sell or t rfer YY r bo[uo xo a bvynr o ansAraa wLe "ll sbo N cad oxxOrneY's ices and oesu arc paid Prior io tr ax xh0 gala. Oriel xlaas era6aga 4abt, Pro. o?v.dsd Wax al xhs ouaxaa?d ai Parmsnss. el+ar¢aa- xb! a her re,qui sass eT elxe .tsora6aaa ars tseisRad. TO BELL TI38 PROPHRTY TO OISTAIN MONEY TO PAY OFF 'tHII MOATOAOH DBDT OA TO DORROW MONEY FROM AT10TFi8R LTiND1N0 TtvS'r'1TUTION TO PAY OFF Tans DHET. TO HAVB THII D6FAVLT L-GTEe@.D HY ANY T'F11RD PARTif AG'rING ON YOUR DIIHALF. TO THE gAML, POSI'T'ION AB 1P NO PHFAVLT fiAD OCCU - IF YOV CVR>g TO !-lA vM THE MORTGAGE RHBTORgO INHANY CwS-L^T1P ?Ei YIIwII?-+R. YOV PO NOT HAVE TYIl3 RIGHT TO CURH YOVx DL°FAVLT MORB T.1ctAN THRBH 'L?MBB TO ASBSRT TFIE NONS]TTSTSNCQ OF A PBFAV LT 1N( ANY FOR$CLOSV R8 W co OR ANY pTHTiR LAWSUIT -rcl TVTSD UNDHR THE p¢ORTOA08 DOGUMI=NT6- TO ASSSAT ANY OTHBR PgFHN6E YOV EELTHYII YOTI MAY I3AVL TO BV CFl ACCION AY TF-18 y-L?Nl1HR. TO SEEK PROTHx7"Oow VNDHR THls FEDERAL BANKOtUP'I'C'Y T-AW. a^PNSl1MER CBEDT'r COTJIVSELIIVO AOENCIEB 6ERVI- YOT-lR COUNTY ARE w'1-T- clxlE Ws .esY roPart in(srinwtion abou ei dit aC Perst to orbit bvraasu. Lot! paY.asatr. -8-4 payiolatr or ether dl/bulxr on year AeasNaa msY l.s rllllatld la Yovr ! ro r? I.CL' 91 PAGE W* RCVD AT 412712007 11:33:57 AM (Central Daylight Time)* SVR:FAXWDAL007123 t DNIS:8415 t CSID:+9042814729 t DURATION (mm-ss):01.42 s . Washington Mutual Bank f/k/a Washington Mutual Bank, FA v. John G. Fetterhoff and Beth A. Fetterhoff VERIFICATION The undersigned is of Washington Mutual Bank on behalf of Washington Mutual Bank f/k/a Washington Mutual Bank, FA and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by 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 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Washington Mutual Bank on behalf of Washington Mutual Bank f/k/a Washington Mutual Bank, FA Date: (5--'b-7m Na e: y Weis Title: AV Company: ?Y) Loan: 0050168962 07-29280 C/I 77 71 6 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29280 Washington Mutual Bank fVa Washington Mutual Bank, FA PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANTS NO:07-2752 CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $112,919.77 in favor of the Plaintiff and against the defendants, jointly and severally, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid Interest at 5.875% from December 1, 2006 to June 12, 2007 (194 days @ $16.16 per diem) Late charges (for certain months prior to default and every month after at a rate of $32.89 per month) Property Inspections NSF Check Fees Title Search Report Fees Attorneys Fees TOTAL AMOUNT DUE $103,158.57 $3,220.40 $993.80 $212.00 $85.00 $250.00 n $5,000.00 e „ Ar--),U -)r"2,919.77 ' LaurenR. Tabas, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendants 1 n damages are assessed as above in the sum of $112,919.77. n ?/f Pro. 1 ?: 07-29280 ?' NOTIFICACION VdPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 v LG.Ml Vll lam. i Cl V Gl?], LJY1111 V Shapiro & Kreisman, LLC Attorney for Plaintiff SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29280 Washington Mutual Bank f+Ja Washington Mutual Bank, FA PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-2752 CIVIL TERM VS. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANTS NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Beth A. Fetterhoff DATE OF NOTICE: May 31, 2007 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 Shapiro & Kreisman, LLC Attorney for Plaintiff SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29280 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF VS. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-2752 CIVIL TERM CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, May 31, 2007 to the following Defendants: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 Angela D'Antonio, Legal Assistant to Lauren R. Tabas, Esquire for Shapiro & Kreisman, LLC SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29280 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF VS. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:07-2752 CIVIL TERM CERTIFICATE OF SERVICE I, Lauren R. Tabas, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following persons or their attorney of record: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 Date mailed: " U & KREISMAN, LLC BY La6ren R. Tabas, Esq Attorney for Plaintiff 07-29280 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29280 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF VS. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:07-2752 CIVIL TERM CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: Washington Mutual Bank f/k/a Washington Mutual Bank, FA 11200 West Parkland Drive Milwaukee, WI 53224 and that the last known address of the judgment debtor (Defendants) is: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 & KREISMAN, LLC BY: ZCau' en R. Tabas, Esq Attorney for Plaintiff 07-29280 ?' ? ? ar ?`'?'?. ?~? ,b a ? ?} ?.' ?.,, ?` ° C? ? ? C? ? ? v ?y t ?• ?t?jCf •? l a ?: ? ; ? -? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF VS. John G. Fetterhoff and Beth A. Fetterhoff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:07-2752 CIVIL TERM DEFENDANTS NOTICE 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 proceeding as indicated b w. /'/ &d. '-? - Curtis R. Long Prothonotary [XX] Judgment by Default 167 [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LAUREN R. TABAS, ESQUIRE AT (610) 278-6800. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANTS NO:07-2752 CIVIL TERM NOTICE 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 roceeding as indicated low. A ?. Curtis R. Long Prothonotary [XX] Judgment by Default ','11407 [ ] Judgment for Possession [ ] Judgment on Award of Arbitration ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LAUREN R. TABAS, ESQUIRE AT (610) 278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Washington Mutual Bank fVa Washington Mutual Bank, FA PLAINTIFF () Confessed Judgment () Other File No. 07-2752 Civil Term Amount Due $112,919.77 Interest June 13, 2007 to December 5, 2007 is $3,199.68 Atty's Comm vs. Costs John G. Fetterhoff and Beth A. Fetterhoff DEFENDANTS TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as defendant(s) described in the attached exhibit. Date: Signatur Print Na Address: Lauren R. Tabas, Esquire 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar 9 93337 r w -r- ?? fi CZ, {q •?Cl, t'- ? rYt w w +• w WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2752 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA, Plaintiff (s) From JOHN G. FETTERHOFF AND BETH A. FETTERHOFF (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 $112,919.77 L.L. $.50 Interest 6/13/07 TO 12/5/07 IS $3,199.68 Atty's Comm % Atty Paid $195.52 Plaintiff Paid Due Prothy $2.00 Other Costs Date: JUNE 12, 2007 (Seal) REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: 3600 HORIZON DRIVE, STE. 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 93337 r / A d4- 2!?-, 1 ; P-e -.A- 0 s R. ong, Prothonotary By: Awiz?P- Deputy le r. SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29280 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF VS. John G. Fetterhoff and Beth A. Fetterhoff ; DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-2752 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank f/k/a Washington Mutual Bank, FA, 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 56 Broad Street, Newville, PA 17241. 1. 2. 3 Name and address of Owners or Reputed Owners John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 Name and address of Defendants in the judgment: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank f/k/a Washington Mutual Bank, FA 11200 West Parkland Drive Milwaukee, WI 53224 4. Name and address of the last recorded holder of every mortgage of record: Washington Mutual Bank f/k/a Washington Mutual Bank, FA, Plaintiff 11200 West Parkland Drive Milwaukee, WI 53224 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 56 Broad Street Newville, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. & KREISMAN, LLC R. Tabas, Esquire`s 07-29280 t"S ? ? ?- ? i ?; .?, c'.? --+ c: N ? ? ? ?- --? ,,, ,:. ?w ? ? c? ':-i c?'t c? 40 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29280 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF VS. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-2752 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Your house (real estate) at: 56 Broad Street, Newville, PA 17241 28-21-0361-040 is scheduled to be sold at Sheriffs Sale on December 5, 2007 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at I0:00am, to enforce the court judgment of $112,919.77 obtained by Washington Mutual Bank f/k/a Washington Mutual Bank, FA against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Washington Mutual Bank f/k/a Washington Mutual Bank, FA the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 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 be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. 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 (610) 278-6800. 5. 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. 6. 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 717-240-6390. 7. 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. 8. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 07-29280 ALL THAT CERTAIN lot of land and the improvements situated and erected thereon, situate at 56 Broad Street, Borough of Newville, Cumberland County, Pennsylvania, more particularly bounded and described as follows: ON THE SOUTH by said Broad Street; on the West by property now or formerly of Clair Sollenberger; on the North by an alley; and on the East by property now or formerly of Glenn Mohn. HAVING a frontage on said Broad Street of Sixty (60) feet and extending in depth at an even width One Hundred Eighty (180) feet to said alley on the North. BEING improved with a two and one-half story brick dwelling house and other improvements. BEING the same premises which Harold D. Snyder and Tenna K. Snyder, husband and wife, by Deed dated October 12, 2001 and recorded in the Cumberland County Recorder of Deeds Office on October 16, 2001 in Deed Book 248, page 3920, granted and conveyed unto John G. Fetterhoff and Beth A. Fetterhoff, husband and wife. -Tit FTI ,..tom ? .. SHERIFF'S RETURN - REGULAR CASE NO: 2007-02752 P 'COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK ET AL VS FETTERHOFF JOHN G ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FETTERHOFF JOHN G the DEFENDANT , at 1922:00 HOURS, on the 10th day of May 2007 at 56 BROAD STREET NEWVILLE, PA 17241 by handing to BETH FETTERHOFF, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.52 Affidavit .00 Surcharge 10.00 o'30I ?? 00 39.52 Sworn and Subscibed to before me this day of ----- So Answers: R. Thomas Kline 05/10/2007 SHAPIRO & KREISMAN By. ? fD; jh riff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-02752 P ,COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK ET AL VS FETTERHOFF JOHN G ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FETTERHOFF BETH A the DEFENDANT , at 1922:00 HOURS, on the 8th day of May , 2007 at 56 BROAD STREET NEWVILLE, PA 17241 BETH FETTERHOFF by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 ? 16.00 Sworn and Subscibed to before me this day of , So Answers: leo?' R. Thomas Kline 05/10/2007 SHAPIRO & KREISMAN By: J?? //-// D ?uKy?re r iff A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-02752 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK ET AL VS FETTERHOFF JOHN G ET AL 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 COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , TENANT/OCCUPANT 56 BROAD STREET NEWVILLE, PA 17241 THERE WERE NO OTHER OCCUPANTS. Sheriff's Costs: So answer",.,-_ Docketing 6.00 --F l? Service .00 Not Found 5.00 R. Thoma Kline Surcharge 10.00 Sheriff of Cumberland County .00 5?3%? , ? 21.00 SHAPIRO & KREISMAN 05/10/2007 Sworn and Subscribed to before me this day of , A. D. v SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29280 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF VS. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-2752 CIVIL TERM CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Heather Whitman, Legal Assistant for Shapiro & Kreisman, LLC, attorneys for the Plaintiff, Washington Mutual Bank f/k/a Washington Mutual Bank, FA, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on August 16, 2007, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & KREISMAN, LLC BY: W U 6-- . Heather Whitman Legal Assistant 07-29280 ch lT 0 1 W 00 74 m Cr c v N O O N d f?D O J n 0 3 ?e r- -I OD V Cn QI ? w N CA w cn Z a (ON =r 03 CL aro n pw g g m -4 -1 N N3 N `tioo N ? Da n p ? O cn a b C? N N n a Z rn ;0 c 3 N Z Q C 3 C N O CD CD N N W Z (D O' N m f1 a 00000 ai m w O Cr C p c? tD "• o '+ m 5 mp00 ? ID m l > x A d O m C p aye 3 i .. EP0RI o -? b ='-_ H w o 0 `D o ? A Q ?` W Uj ? ? '* ? m 2 m o ° El. 9 ? 0000 a f r. Q =3a { N ° n y n D s o 0 m ? 3 0 d O ?1 t? m N N vi- m m (j O 3 n01 N d ? a ? m e N m ? ? *D n .. C N 0 Sa ° N UNIt?O ° , ® s? m , W xs 9 d U) c { (D OL O s p OD i y p z ,,da m 10 z ltl pm A ad 65 D elivery onfirm tion i rn -C) CD MO N_a Signat re Con irmati n A pO y (D o Specia Handl ng _ Re ricted elive o Return Recei t J., i t. Cf. s l A SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29280 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-2752 CIVIL TERM John G. Fetterhoff and Beth A. Fetterhoff DEFENDANT(S) PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. & KREISMAN, LLC Lauren R. Tabas, Esquire Attorney for Plaintiff DATED: A111141 A . ,4 CERTIFICATE OF SERVICE I, Lauren R. Tabas, Esquire, hereby certify that on 7 1 served a true and correct copy of the within Praecipe to Settle, Discontinue and End upon the following parties via first class mail, postage prepaid: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 BY: & KREISMAN, LLC 4elniren K. I abas, hsquire Attorney for Plaintiff ?'? `"r ? ?°, ?- ?? ? r ?? c°? -.:, t?. ?- , - , .._. . , ? , } ~-. ,; . _ - ... ?.? ; ,?? :, -,,: f ? ;7 .?. .d 41 V r SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29280 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF VS. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-2752 CIVIL TERM PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly mark the Judgment entered on June 12, 2007 in the above entitled action vacated without prejudice to Plaintiff. KREISMAN, LLC BY: Lauren R. Tabas, Esquire CERTIFICATE OF SERVICE I, LAUREN R. TABAS, ESQUIRE, hereby certify that on I served a true and correct copy of the within Praecipe to Vacate Mortgage Foreclosure Judgment upon the following parties via first class mail, postage prepaid: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 O & KREISMAN, LLC BY,/ V LAUREN R. TABAS, E: Attorney for the Plaintiff C? w z -o co 0 d Washington Mutual Bank f/k/a Washington In the Court of Common Pleas of Mutual Bank, FA Cumberland County, Pennsylvania VS Writ No. 2007-2752 Civil Term John G. Fetterhoff and Beth A. Fetterhoff Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2007 at 2013 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: John G. Fetterhoff and Beth A. Fetterhoff, by making known unto Beth Fetterhoff, personally and wife of John G. Fetterhoff, at 56 Broad Street, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1059 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 John G. Fetterhoff and Beth A. Fetthoff located at 56 Broad Street, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: John G. Fetterhoff and Beth A. Fetterhoff by regular mail to their last known address of 56 Broad Street, Newville, PA 17241. These letters were mailed under the date of October 16, 2007 and never returned to the Sheriffs Office. . Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Tabas. Sheriff s Costs: Docketing 30.00 Poundage 220.72 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 23.04 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 262.16 Share of Bills 14.92 / 0/0 7 / $ 983.34 ? i z So Answers: Thomas Klline, Sheri ff BYE Real Estate rgeant Q Z- ? HY-1 n SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I. D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29280 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF vs. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-2752 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank f/k/a Washington Mutual Bank, FA, 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 56 Broad Street, Newville, PA 17241. Name and address of Owners or Reputed Owners 2. 3. John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 Name and address of Defendants in the judgment: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank f/k/a Washington Mutual Bank, FA 11200 West Parkland Drive Milwaukee, WI 53224 4. Name and, address of the last recorded holder of every mortgage of record: Washington Mutual Bank f/k/a Washington Mutual Bank, FA, Plaintiff 11200 West Parkland Drive Milwaukee, WI 53224 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 56 Broad Street Newville, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. S APIRO & KREISMAN, LLC B R. Tabas, 07-29280 i SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29280 Washington Mutual Bank fWa Washington Mutual Bank, FA PLAINTIFF vs. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-2752 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Your house (real estate) at: 56 Broad Street, Newville, PA 17241 28-21-0361-040 is scheduled to be sold at Sheriffs Sale on December 5, 2007 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00am, to enforce the court judgment of $112,919.77 obtained by Washington Mutual Bank f/k/a Washington Mutual Bank, FA against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Washington Mutual Bank f/k/a Washington Mutual Bank, FA the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 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 be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. 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 (610) 278-6800. 5. 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. 6. 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 717-240-6390. 7. 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. 8. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 07-29280 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29280 Washington Mutual Bank f/k/a Washington COURT OF COMMON PLEAS Mutual Bank, FA CUMBERLAND COUNTY PLAINTIFF VS. NO: 07-2752 CIVIL TERM John G. Fetterhoff and Beth A. Fetterhoff DEFENDANTS ; NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 Your house (real estate) at: 56 Broad Street, Newville, PA 17241 28-21-0361-040 is scheduled to be sold at Sheriffs Sale on December 5, 2007 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00am, to enforce the court judgment of $112,919.77 obtained by Washington Mutual Bank f/k/a Washington Mutual Bank, FA against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Washington Mutual Bank f/k/a Washington Mutual Bank, FA the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 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 be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. 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 (610) 278-6800. 5. 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. 6. 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 717-240-6390. 7. 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. 8. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER-OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 07-29280 ALL THAT CERTAIN lot of land and the improvements situated and erected thereon, situate at 56 Broad Street, Borough of Newville, Cumberland County, Pennsylvania, more particularly bounded and described as follows: ON THE SOUTH by said Broad Street; on the West by property now or formerly of Clair Sollenberger; on the North by an alley; and on the East by property now or formerly of Glenn Mohn. HAVING a frontage on said Broad Street of Sixty (60) feet and extending in depth at an even width One Hundred Eighty (180) feet to said alley on the North. BEING improved with a two and one-half story brick dwelling house and other improvements. BEING the same premises which Harold D. Snyder and Tenna K. Snyder, husband and wife, by Deed dated October 12, 2001 and recorded in the Cumberland County Recorder of Deeds Office on October 16, 2001 in Deed Book 248, page 3920, granted and conveyed unto John G. Fetterhoff and Beth A. Fetterhoff, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-2752 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA, Plaintiff (s) From JOHN G. FETTERHOFF AND BETH A. FETTERHOFF (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 $112,919.77 L.L. $.50 Interest 6/13/07 TO 12/5/07 IS $3,199.68 Atty's Comm % Due Prothy $2.00 Atty Paid $195.52 Other Costs Plaintiff Paid Date: JUNE 12, 2007 (Seal) REQUESTING PARTY: Lepury Name LAUREN R. TABAS, ESQUIRE Address: 3600 HORIZON DRIVE, STE. 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 93337 MA Real Estate Sale # 42 On August 17, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, PA Known and numbered as 56 Broad Street, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 17, 2007 By:.b r Real Estate Sergeant y1 Z dM LCJI The Patriot-News Co. 812 Market St. 'Warrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Patr1*otAvXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS 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. This ad ran on the date(s) shown below: 10/24/07 10/31107 11/07/07 PA 17013 ........... Sworn to me this 30 day of November, 2007 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal James L. Clark, Notary Public City Of Harrisburg, WWp n County My Commission Expires June 2, 2008 Member, Pennsylvania Association of Notaries lia ?! M?11Ml wpm Mel. MOT" amw SO*, FA YS .lo an ?: tlait! *a* A. Uk . Loam %bft' ALL 7W OWAO 1W Of 1014, WA 60 ?rtanted asri aoard dateao, silmle 4t 5t BaoadSt?it,Bdast+ph art' i!1ewn?ik Cad Casey, P apse 71037m" nbadasdalow by avid Bawd SlN'm - ac 110 by :pup" tear Of 'b* of Clair - SaY?mbraraer; aaybW*& py ae .w?3 e lie &sl pupal} nbw orfaaoa dGiflo **V'Q a hs" ss- and am" St" of 1?{tSO? fnlrtasi4mobr?n?sdlplj at:nra- 10a OW'Flb d qty' 01114 babe W140- dlayr as &1 IME40lpeproaed wiled twq and sw4W *q hot dwtitg bm w ad impeeilrbier?: ERM the sane 'which HwaWD. 8gier ald TMA 1 Inebarrd aadv* byaaadaMad0cMW1Z2W'0dta0asi d4 t#s ? ?IM? tillallt#ie aE Heads 0111i 130 in a" asst 248, y,.se , W Q wigs.aeM aed PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 42 Writ No. 2007-2752 Civil Washington Mutual Bank f/k/a Washington Mutual Bank, FA VS. John G. Fetterhoff and Beth A. Fetterhoff Atty.: Lauren Tabas DESCRIPTION ALL THAT CERTAIN lot of land and the improvements situated and erected thereon, situate at 56 Broad Street, Borough of Newville, Cum- berland County, Pennsylvania, more particularly bounded and described as follows: ON THE SOUTH by said Broad Street; on the West by property now or formerly of Clair Sollenberger; on the North by an alley; and on the East by property now or formerly of Glenn Mohn. HAVING a frontage on said Broad Street of Sixty (60) feet and extending in depth at an even width One Hun- dred Eighty (180) feet to said alley on 11P Nnrth REIN[' imnroved with SWO1MTO AND SUBSCRIBED before me this 9 day of November. 2007 ?Noty NOTARIAL SEAL DEBORAH A COLLINS Notory Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010