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HomeMy WebLinkAbout07-4706 PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID# 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856)596-8900 Attorney for Plaintiff, MorEquity, Inc. MorEquity, Inc. 600 N. Royal Avenue Evansville, IN 47715 Plaintiff, Vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY AUGUST TERM, 2007 CIVIL ACTION MORTGAGE FORECLOSURE Donald M. Witters and Kathy M. Witters 8 Poplar Street Wormleysburg, PA 17043 Defendant(s) 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 4`h Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID# 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, MorEquity, Inc. MorEquity, Inc. 600 N. Royal Avenue Evansville, IN 47715 Plaintiff, Vs. Donald M. Witters and Kathy M. Witters 8 Poplar Street Wormleysburg, PA 17043 Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY AUGUST TERM, 2007 . No.. CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, MorEquity, Inc. (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 600 N. Royal Avenue, Evansville, IN 47715, by way of Complaint says the following. 2. Defendants, Donald M. Witters and Kathy M. Witters (hereinafter referred to as "Defendant"), are adult individuals and are the real owner of the premises hereinafter described. 3. Defendants, Donald M. Witters and Kathy M. Witters resides at 8 Poplar Street Wormleysburg, PA 17043 with a mailing address at 8 Poplar Street, Wormleysburg, PA 17043. 4. On May 25, 1999, in consideration of a loan in the principal amount of $54,800.00, Defendants executed and delivered to TMS Mortgage, Inc., d!b/a The Money Store, an adjustable rate note (the "Note") with initial interest thereon at10.250% per annum, payable as to the principal and interest in equal initial monthly installments of $491.06 commencing on July 1, 1999, with a maturity date of June 1, 2029. A true and correct copy of the Note is attached hereto and made a part hereof as Exhibit "A". 5. To secure the obligations under the Note, the Defendants executed and delivered to TMS Mortgage, Inc., d/b/a The Money Store, a mortgage (the "Mortgage") dated May 25, 1999, recorded on June 8, 1999 in the Recorder of Deeds in and for the County of Cumberland under Book 1548, Page 808, et seg. A true and correct copy of the Mortgage is attached hereto and made a part hereof as Exhibit "B". 6. By Assignment of Mortgage dated may 25, 1999, TMS Mortgage Inc., d/b/a The Money Store assigned its Mortgage to MorEquity, Inc., which Assignment of Mortgage was recorded on March 19, 2001 in the Recorder of Deeds in and for the County of Cumberland under Book 669, Page 445, et se A true and correct copy of the Assignment of Mortgage is attached hereto and made a part hereof as Exhibit "C". 7. The Mortgage secures the following real property (the "Mortgaged Premises"): 8 Poplar Street, Wormleysburg, PA 17043. A legal description of the Mortgaged Premises is attached hereto as Exhibit "D" and made a part hereof. 8. Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due February 1, 2007, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 2 9. The following amounts are due on the Mortgage and Note: Balance of Princi al $51,530.57 Accrued but Unpaid Interest from O 1 /01 /07 - 08/06/07 11.875% $3,689.00 Accrued Late Char es $137.43 Corporate Advance $0.00 Recoverable Balance $0.00 Escrow Advance $0.00 Title Search Fees $335.00 Reasonable Attorney's Fees $1,250.00 Less Sus ense Balance $0.00 TOTAL as of 08/6/07 $56,942.00 Plus, the following amounts accrued after August 6, 2007: Interest at the current rate of 11.875% per cent per annum ($17.00 per diem); 5% of the overdue payment of principal and interest; any amounts expended for future taxes and insurance along with additional costs and attorney fees incurred in this foreclosure action. 10. During the course of this action, the plaintiff may be obligated to make advances for the payment of taxes, assessments, insurance premiums and necessary expenses to preserve the security, and such sums advanced under the terms of the Note and Mortgage, together with interest, will be added to the amount due on the mortgage debt and secured by the plaintiff's Mortgage. 11. The notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance program, Act 91 or 1983 has been sent to the Defendants on April 9, 2007, via certified and regular mail, in accordance with the requirements of the Act. A true and correct copy of such notice is attached hereto as Exhibit "E" and made a part hereof. 3 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 9, namely, $56,942.00 plus the following amounts accruing after August 6, 2007, to the date of judgment: (a) current interest of 11.875% per diem, (b) late charges of 5% on any overdue payment of principal and interest per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred; (e) costs of suit; and (f) any amounts expended for future taxes and insurance. Dated: August 6, 2007 By 4 PARKER MC'( AY PA VERIFICATION I, Emmanuel J. Argentieri, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiffs behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S.§ 4904, relating to unsworn falsification to authorities. 5 EXHIBIT "A" r 0081034878 ADJUSTABLE RATE NOTE (LIBOR 6 Month Libor Index--Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MON'THI,Y PA NET1ME ANDNTHE Livmvn~M AND T MAXIMUM RATES I MUST ~ CHANGE AT ANY O May 25, 1999 Dats 8 Poplar Street, Wormleysburg, PA 17043 Property Address 1. BORROWER'S PROMISE TO PAY in return for a loan that I have received, I promise to pay F1 fty- Four ThoUSand, Eight Hundred Dollars (U.S. $ 54,800.00 > (this amount will be called "principal"), plus interest, to the order of the Lender. The Lender is TMS Mortgage InC. , dba The Money Store I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note and who is entitled to receive payments under this Note will be called the "Note Holder." 2. INTEREST I will pay interest at an annual rate of 10.250 X ,and will Interest will be changed on unpaid principal beginning on ,lUne 1, 1999. continue until the full amount of principal has been paid. The interest rate I will pay may change in accordance with Section 4 of this Note. Interest shall continue to accrue at the interest rate required by this Section 2 and Section 4 of this Note .after the maturity or default of this loan. ~ 3. PAYMENTS (A) Amount of My Initial Monthly Payments initial monthl a merit I will pay principal and interest by making payments each month ("monthly payments"). My Y P Y will be in the sum of U.S. $ 491.06 .This amount may change. (B) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. (C) Time, Place and Application of Payments da of each month beginning on JUl y 1, 1999 I will make my monthly payments on the F1 rSt Y I will make monthly payments every month until I have paid all of the principal and interest and any other fees or that I may owe under this Note. If, on .lUne 1, 2029 ' charges, described below, any sum still remains unpaid, I will pay what I owe in full on that date. All monthly payments received by Note Holder sh be applied first to accrued interest and the remainder, if any, to the principal. If I owe the Note Holder any late changes, or other fees or charges ("other charges"), they will be payable upon demand of the Note Holder. Unless prohibited by law, the application of payments may be affected by the imposition of other charges. Therefore, payments of other charges, whether paid to the Note Holder in addition to the monthly payment or separately, will be applied in a manner at the absolute discretion of the Note Holder, subject to NJ 10 101a 1058 I will make my monthly payments at P .0. BOX 1058 , Newark, or at a different address if required by the Note Holder. PENNSYLVANIA ADJUSTABLE RATE NOTE ig~ozi Original - File M005-1 PA Page t of a ~~~~~~ ~~~~ ~~~~~ ~I~~~ IIII) ~~~~~ ~~~~) ~4D~IA~I~I~IIR{#IR TRU E COPY ~F THE INAL 1)ATlrO:_.~. 0 "' _.._ i. ~~~~ 4. IN'T'EREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates 2003 and on the 1St The interest rate I will pay may change on the 1St day of June , day of every 6th month(s) thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average o interbank offered rates for 6 Month t_1 bOr ournal. dThe mostore ent Index figure availabledas of the 20th day of the catendaz mayor banks, as published by The Wall Street J month immediately preceding each Change Date is called the "Current Index." If the Index is no longer available, or is no longer published by The Wall Street Journal, the Note Holder will choose a new index or source of index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding S1 X and 2 5 percentage points ( 6.400 %) to the Current Index. The Note Holder will then round the result of this addition up to the neazest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes 13 , 250 % or less The interest rate I am required to pay at the first Change Date will not be greater than than 10.250 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by percentage point(s) ( 1.000 %) from the rate of more than One S1 X month(s). My interest rate will never be greater than interest I have been paying for the preceding 10.250 %. 16.250 %, or less than (E) Effective Date of Changes went My new interest rate will ~ceO date after the Change Date unt'1 the amountaof my mon ly payment changes~again. beginning on the first monthly pay (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my mon y payment before the effective date of any payment change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regazding the notice. g, BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any of my monthly payments by the end of 15 calendaz days after the date it is due, I will promptly pay a late charge to the Note g olde Y The amou Y of the cha y e wilmleII e 5.00 % of my full monthly payment. I will pay this late chaz a onl once on an late monthl pay (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am ir. default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has rtsuand exeenses to theeextent not~prohibitsediby applicableelawte Thoserexpenseseinludehtfor be paid back for all of tts cos p example, reasonable attorneys' fees, foreclosure fees and court costs. PENNSYLVANIA ADJUSTABLE RATE NOTE ~e~os~ Original - File 0081034878 M005-2PA Page 2 of a (F) Check Collection Charges If I present the Note Holder with a check, negotiable order of withdrawal, share draft or other instrument in payment that is returned or dishonored for any reason, I will pay a check collection charge to the Note Holder. The amount of the chazge will not be greater than U.S. $ 15.00 6. THIS NOTE SECURED BY A SECURITY INSTRUMENT In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), on real property (the "Property") described in the Security Instrument and dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. The Security Instrument describes how and under what conditions I may also be required to make immediate payment in full of all amounts I owe under this Note. I agree to these conditions. Some of these conditions are as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 7. BORROWER'S PAYMENTS BEFORE THEY ARE DUE Subject to the application of payments described in Section 3(C), I have the right to make payments of principal at any time before they aze due. A prepayment of all of the unpaid principal is known as a "full prepayment. " A prepayment of only part of the unpaid principal is known as a "partial prepayment." If I make a partial prepayment equal to one or more of my monthly payments, my due date may be advanced no more than one month. If I make any other partial prepayment, I must still make each later payment as it becomes due and in the same amount. I may make a full or partial prepayment at any time. However, if within the first 60 months from e date of this loan I make any prepayment(s) within any 12-month period whose total amount exceeds 200 of the original principal amount of this loan, I will pay a prepayment chazge equal to six months' interest on the amount by which the total of my prepayment(s) within that 12-month period exceeds 20% of the original principal amount of this loan. g. BORROWER'S WAIVERS I waive my rights to require the Note Holder to do certain things. Those things aze: (A) to demand payment of amounts due (known as "presentment"); (B) to give notice that amounts due have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of nonpayment (known as "protest"). Anyone else who agrees to keep the promises made in this Note, or who agrees to make payments to the Note Holder if I fail to keep my promises under this Note, or who signs this Note to transfer it to someone else, also waives these rights. These persons are known as "guarantors," "sureties" and "endorsers." 9, GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail addressed to me at the Property Address described in the Security Instrument. A notice will be delivered or mailed to me at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(C). A notice will be mailed to the Note Holder at a different address if I am given a notice of that different address. 10. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each of us is fully and personally obligaied to pay the full amount owed and to keep all of the promises made in this Note. Any guazantor, surety, or endorser of this Note (as described in Section S above) is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. Any PENNSYLVANIA ADJUSTABLE RATE NOTE le~o21 Original - File 0081034878 M005-3PA Page 3 of a person who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations of a guazantor, surety, or endorser of this Note (as described in Section 8 above) is also obligated to keep all of the promises made in this Note. This Note is intended by Lender and me as a complete and exclusive statement of its terms, there being no conditions to the enforceability of this Note. This Note may not be supplemented or modified except in a writing signed by me and the Note Holder. This Note benefits Lender, its successors and assigns, and binds me and my heirs, personal representatives and assigns. 11. APPLICABLE LAW This Note shall be governed by the laws of the State of Pennsylvania. If a law which applies to this loan an sets maximum loan chazges is finally interpreted so that the interest and other charges collected or to be collected in connection with this loan exceed the permitted limits, then: (A) any such interest or other chazge shall be reduced by the amount necessary to reduce the interest or other charge to the permitted limit; and (B) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 12. BORROWER'S COPY I hereby acknowledge receipt of a filled-in copy of this Note. O`~ ~~~ / ~ /.// (Seal) Donald M Witters /"1 -Borrower / (Seal) Atty at Law ~0°~r TtMOTNY M. AWSTt~tF Pay to the order of without recourse, TMS Mortg,~ge Inc., dba The Money Store By / ~ (~) Kathy M ttterS -Borrower (Seal) -Borrower (Sign Original Note Only) Bran h Manager John Maurer PENNSYLVANIA ADJUSTABLE RATE NOTE te~ozt Original - File M005-4PA Page 4 of 4 0081034878 EXHIBIT "B" ~(~i~, 13as99 ~_ _~ J 9 >>~;;~ 8 P Cl 3 G 6 Pazcel Number: 47-20-1858-184 After recording return to: The Money Store/Packaging P.O. Box 160128 Sacramento, CA 95816-0128 0081034878 MORTGAGE THIS MORTGAGE ("Security Instrument") is made this Twenty-fifth Day of May, 1999 between the Mortgagor, Donald M . Wi tters And Kathy M . Wi tters (herein "Borrower">, and the Mortgagee, TMS Mortgage Inc. , dba The Money Store which is organized and existing under the laws of N2W Jersey and whose address is 4660 Tri ndl a Road Suite 1002 , Shiremanstown, PA 17011 (herein "Lender"). WHEREAS, Borrower is indebted to Lender in the principal sum of Fifty-Four Thousand, Eight Hundred ,, Dollazs (U.S. $ 54,800.00 )together with interest, which indebtedness is evidenced by Borrower's note dated Mdy 25 , 1999 (the "Note"), providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on June 1, 2029 ' TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; extensions and renewals of the Note; the payment of all other sums, with interest thereon, advanced in accordance with this Security Instrument to protect the security of this Security Instrument; and the performance of the covenants and agreements of Borrower contained in this Mortgage, Borrower does hereby mortgage, grant and convey to Lender, the following described property located in Cumberl and County, Pennsylvania: (SEE EXHIBIT 'A' ATTACHED) r~A'~,,.1~`'0~~1 i'O BE A TRUE OOZY ~ ~ ~~NE ORIGINAL D~T4~4:F~ U' ._-_.e.~_ ~ ..--__ being the same property commonly known as: 8 Popl ar Street , Worml eysburg , PA 17043 ("Property Address") PENNSYLVANIA MORTGAGE is~oe~ Original - Record M002-1 PA Page 1 of 7 IIIIIIIIIIIII~. IIII~INIII H118111111~ IINIIIIIIII~III 1118111111111N I 0081034878RMG - 405 '~ BOi!~i xS~~J PAGE aSO$ TOGETHER with all the improvement erred torbeeand remainta part ofethe propertyan overedaby this Se unity appurtenances and rents, all of which shall be de Instrument. All of the foregoing, together with such property (or the leasehold estate if this Security Instrument is on a leasehold) are called the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that nd Penerall 1 the etitlentoe they Property againsmt allnclaimsrand demands,esub~ectnto and covenants that Borrower will defe g Y encumbrances of record. Borrower further warrants, represents and covenants as follows: I. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness and all other charges evidenced by the Note. 2. Funds for Taxes and Insurance. If required by Lender, and subject to applicable law, Borrower shat eazl taxes and on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Fundeazl oleasaehold a ments or assessments which may attain priority over this Security Instrument as a lien on the Property; (b) y y P Y earl flood insurance premiums, ground rents on the Property, if any; (c) yearly hazazd or property insurance premiums; (d) Y Y if any; and (e) yearly mortgage insurance premiums, if any. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount under the federal Real1Esta aSet lement Procedures Actrof 1974 t as amended f om may require for Borrower's escrow account time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. I so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits aze insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such a hmazste Bornrower for holding ando apply g thae Fundsnder~shu~lY an~ ~~g ~esesc ow the Escrow Items. Lender may not c g account, or verifying the Escrow Itemnde~ema Lee duire Bo owes torpay a one time charge for an indeplendentreal estate tax to make such a chazge. However, Le Y q reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires intereas t~b~ wnring, howeverl th tbnterest shall be paid on the FundsereLender shamllggive the Funds. Borrower and Lender may g to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose or which each debit to the Funds was made. The Funds aze pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account o Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to paY ~ea~mount/ ntecessaryetodumake up the defic enocy~ Borrower shall make anup the such case Borrower shall pay to Lender th deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under Paragraph 18, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. All payments of principal and interest received by Lender shall be applied as provided in t will be a able u on the Note. If Borrower owes Lender any late charges, or other fees or charges ("other charges"), hey P Y P demand of Lender. Unless prohibited by law, the application of payments may be affected by the imposition of other charges. Therefore, payments of other charges, whether paid to Lender in addition to the monthly payment or se aazment~received applied in a manner at the absolute discretion of the Lender. Borrower agrees that Lender may apply any p y under Paragraphs 1 and 2, either first to amounts payable under Pazagraph 1, or first to amounts payable under Paragraph 2. PENNSYLVANIA MORTGAGE ~e~os~ Original -Record 0081034878 M002-2PA Page 2 of 7 BouK ~~~~$ racE .8a9 q. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument, if any, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Security Instrument, and leasehold payments or ground rents, if any. 5. Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," flood and any other hazazds as Lender may require, from time to time, and in such amount and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided that such approval shall not be unreasonably withheld. If the Borrower fails to maintain the coverage described above, Lender may, at its option, obtain coverage to protect its rights on the Property in accordance with Paragraph 8. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standazd mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument. If any insurance proceeds are made payable to Borrower, Borrower shall promptly pay such amounts to Lender, including, without limitation, the endorsement to Lender of any proceeds made by check or other draft. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in Pazagraphs 1 and 2 or change the amounts of the payments. If under Pazagraph 18 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. The provisions of this Paragraph 5 concerning the payment, disbursement or application of insurance proceeds shall apply to any insurance proceeds covering the Property whether or not (i) Lender is a named insured, (ii) the policy contains a mortgage clause, or (iii) Lender has required Borrower to maintain the insurance. Borrower authorizes and directs any insurer to list I.c~nder as a loss payee on any payment of insurance proceeds upon Lender's notice to insurer of Lender's interest in the insurance proceeds. In the event of loss, Borrower shall give prompt notice to the insurance cazrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Security Instrument. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit nor permit waste or impairment or deterioration of the Property. Borrower shall not do anything affecting the Property that is in violation of any law, ordinance or government regulation applicable to a residential property, and Borrower shall comply with the provisions of any lease if this Security Instrument is on a leasehold. If this Security Instrument is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declazation or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. Unless Lender and Borrower otherwise agree in writing, all awards, payments or judgments, including interest thereon, for any injury to or decrease in the value of the Property received by Borrower will be used to restore the Property or applied to the payment of sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in Paragraphs 1 and 2 or change the amounts of the payments. Borrower agrees that in the event an award, payment or judgment includes compensation for both injury or decrease in the value of the Property and compensation for any other injury or loss, the total amount of such award, payment or judgment f PENNSYLVANIA MORTGAGE ts~ost Original - Record 0081034878 M002-3PA Page 3 of 7 BOOR ~~ ~~J PAGE .Si.O shall be deemed compensation with respect to the Property and Borrower hereby consents to Lender's intervention into 2zy proceedings regarding the Property. 7. Loan Application Process. Borrower shall be in default under this Security Instrument, if Borrower, during the loan application process, gave materially false or inLender's ldecis ono extend mcr a c tto Borrower),f aineconnecrion withnthe loLan any material information directly beazrng on evidenced by the Note. g. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation, forfeiture, or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property an e Ind Secunght Instrumenlt,pappearing~n'court~ paying include paying any sums secured by a lien which has priority ty reasonable attorneys' fees and entering on the Property to make repairs or abate nuisances. Although Lender may take action under this Pazagraph 8, Lender does not have to do so. The right of Lender to protect ~raisals, opinions of value or other include the right to obtain at Borrower's expense, property inspections, credit reports, app P expert opinions or reports, unless prohibited by law. Any amounts disbursed by Lender under this Paragraph 8 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and smha ib h paParae r Ph 8~hallsconrinue i nfull forcenand effe t afterotherentry of tany to pay the amounts advanced by Lender g judgment in mortgage foreclosure or a judgment on the Note. 9, Mortgage Insurance. If Lender required mortgaguired to maintain the insurance in effect until such time as the Security Instrument, Borrower shall pay the premrums req requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. 10. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor as related to Lender's interest tin the Property. 11. Condemnation. The proceeds of any awazd or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, aze hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceedstme faPlr~kett valuelof the Property (a) the total amount of the sums secured immediately before the taking, divided by (b) immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amotmt of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums aze then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an a,vazd or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the daft the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or the sums secured by this Security Instrument, whether or not then due. a lrcation of roceeds to principal shall not extend or Unless Lender and Borrower otherwise agree in writing, any pp ' P postpone the due date of the monthly payments referred to in Pazagraphs 1 and 2 or change the amount of such payments. BOUK.'~i~~~PAG~ ~i1 PENNSYLVANIA MORTGAGE ~s~os~ Original - Record 0081034878 M002-4PA Pa®e a of ~ ,~ 12. Borrower Not Released; Forbearanzation of ther sums secured by thiptSecur~tyP nstrum nt grant dxby sLenderthto time for payment or modification of amorti manner, the liability of the original Borrower or any successor in interest of Borrower shall not operate to release, in any Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or may 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 and Borrower's successors in interest. ~Y 1 cable lawe shallRnotebe a one or more occasions in exercising any right or remedy hereunder, or otherwise afforded by app waiver of or preclude the later exercise of that or any other right or remedy. Lender may accept partial payments from Borrower, without waiving or forbearing any of its rights under this Security Instrument or under the Note even if such payments aze notated as a payment in full, or with a notation of similar meaning. 13. Successors and Assigns Bound; Joint and Several Liability; Signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of Paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who signs this Security Instrument, but does not execute the Note: (a) is signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Security Instrument, (b) is not personally liable on the Note or under accommod t onsru ~ regard to)the terms of thnsSecanurtynI o~mBooothe Note agree to extend, modify, forbeaz or make any without that Borrower's consent. notice to 14. Notice. Except for any notice required under applicable law to be given in another manner: (a) any Borrower provided for in this Security Instrument shall be given by delivering it or by mailing such notice by first class mail addressed to the Property Address or to such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by first class mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 15. Governing Law; Severability. The state and local laws applicable to this Security Instrument shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this Security Instrument. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision, and to this end, the provisions of this Security Instrument and the Note aze declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 16. Borrower's Copy. Borrower shall be furnished a copy of the Note and of this Security Instrument at the time of execution or after recordation hereof. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a perio of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If BorrowInstrument w thout further noticetorrdemand on Borrower period, Lender may invoke any remedies permitted by thts Secunty 18. Acceleration; Remedies. Except as provided in Paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Security Instrument, including the covenants to pay when due any sums secured by this Security Instrument, Lender prior to acceleration shall give notice to Borrower as provided in Paragraph 14 hereof specifying: (1) the IA MORTGAGE f9~oe1 Original - Record PENNSYLVAN 0081034878 Page 5 of 7 M002-5PA BOUK~.S~SPAGE X12 breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed. to Borrower, by which such breach must be cured; and (4) that failure to cure s trument oroforeclosure by judicial pro eeding notice may result in acceleratton of the sums secured by this Secunty Ins The notice shall further inform Borrower of the right to reinstate this Security Instrument after acceleration and the right to bring a court action or to assert in the judicial proceeding the nonexistence of a default or any other Lefuder, at Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender's option may declare all of the sums secured by this Security Instrument to be immediatoeflllyediemedies permitted by further demand and may foreclose this Security Instrument by judicial proceeding and any applicable law. Lender shall be entitled to collect all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees, court costs, and costs of documentary evidence, abstracts and title reports, even if the breach is cured prior to the completion of any foreclosure. Borrower agrees that the interest rate payable after 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. Z9, Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secuLender t henfor euth s Instrument due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Security Instrument discontinued up to one hour prior to sale of the Property if: (a) Borrower Borrower cures all br aches would be then due under this Security Instrument and the Note had no acceleration occurred; (b) of any other covenants or agreements of Borrower contained in this Security Instrument; (c) Borrower pays all reasonable attorneys' fees, trustees' fees and court costs; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shallho~ltieunte~unn~f ulleforcepand effect asm f no acceleration had occurreds This rightttomreins ate the obligations secured hereby s shall not apply, however, in the case of acceleration pursuant to Paragraph 17. 2p, Assigrunent of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under Pazagraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents as they become~ndand naY erson, by agent or by Upon acceleration under Paragraph 18 hereof or abandonment of the Property, P judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. Lender and the receiver shall be liable to account only for those rents actually received. 21. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate for normal residential uses and for maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private patty involving the Property and any Hazardous Substance or Envirotmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this Paragraph 21, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, tonic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this Paragraph 21, "Environmental Law" means federal laws and laws of the jtlYisdiction where the Property is located that relate to health, safety or environmental protection. 604K y~'~~ PAGE ~13 PENNSYLVANIA MORTGAGE ~s~os) Original - Record 0081034878 M002-6PA Page 6 of 7 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release the Security Instrument. Borrower shall pay any release fees and costs of recordation unless applicable law provides otherwise. 23. 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 Instrutment shall be a purchase money mortgage. Adjustable Rate Mortgage Loan Rider attached hereto and incorporated herein by this reference. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. ,~ Donald M Witters -Borrower Atty at Law ~ Tp~10THY M. ANS1i'INE Seal) `~~~~~ (Seal) Kathy M Wit ers -Borrower (Seal) (Seal) -Borrower Certificate of Residence I~ John Maurer , do hereby certify that the correct address of the within-named Lender is 4660 Tri ndl a Road Suite 1002 , Shiremanstown , PA 17011 25th da of May ~ ~ 1999 Witness my hand this Y ~~'~c t O n Maurer Agent of Lender nt ss: COMMONWEALTH OF PENNSYLVANIA, Cumberland Cou y 25th da of MaY 1999 ,before me, the undersigned officer, On this, the Y personally appeared Donald M. Witters and Kathy M. Witters known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged that they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: 3 '.~ ''~~ s-~ .~~, .. ',~ Title of Officer ~ ~'$ • - Notarial Seal ' "~ '~ Karon L. Burch. Notary Public ' ' ~~' ° "' , t~iempden Twp.. Cumberland County ' ~ ~~~= ~ My Commission Expires Nov. 24.2001 . ~ :"~ ~ ' ~ Member. Pennsylvania Association of Notaries ` ~~>3'. PENNSYLVANIA MORTGAGE is~osi Original - Record 0081034878 M002-7PA Page 7 of 7 eooK 1548 eacE r9i4 Schedule "A" - ALL THAT CERTAIN lot of land situate in the Borough of Wormleysburg, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Poplar Street on the line running through the center of the partition wall between properties Nos_ 6 and 8 Poplar Street, said point being ninety-nine and thirty-two one hundredths (99.32) feet measured westwardly along the northern line of Poplar Strcct from the northwest corner of Poplar Street and Front Strcct; thence in a northernly direction through the center of said partition wall and beyond one hundred sixteen (116) feet to property now or late of William F..Martin; thence in a westerly direction along said property now or late of William F. Martin seventeen and sixty-three one-hundredths (17.63) feet to a point at a corner of lands of Charles D. drown, being property No. 10 Poplar Street; thence in a Southerly direction along the line of said last mentioned property and through the center of the partition wall between n~-~~erties Nos. 8 and 10 Poplar Street one hundred sixteen (116) feet to Poplar Street; thence in an easterly direction along the northern line of Poplar Street seventeen and sixty-three one-hundredths (17.63) feet to the point or place of Beginning. HAVING THEREON erected a three story frame dwelling house known as No. 8 Poplar Street, Wormleysburg, Pennsylvania; SUBJECT to all easements, rights-of-way, restrictions and covenants of record. 1 BOCK ~S4R PAGE .B~.S Loan No. 0081034878 ADNSTABLE RATE RIDER (LIBOR 6 Month Libor Index--Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 25th day of May 1999 ,and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note (the "Note") to TMS Mortgage Inc. , dba The Money Store (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 8 Poplar Street, Wormleysburg, PA 17043 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MINIMUM AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: INTEREST RATE AND MONTHLY PAYMENT CHANGES 10.250 %. The Note provides for changes in the interest The Note provides for an initial interest rate of rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates 2003 and on the 1St The interest rate I will pay may change on the 1St day of June, day of every 6th month(s) thereafter. Each date on which my interest rate could change is called a "Change Date. " (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for 6 Month Li bOr U.S. do]lar-denominated deposits in the London market based on quotations of major banks, as published by The Wall Street Journal. The most recent Index figure available as of the 20th day of the calendar month immediately preceding each Change Date is called the "Current Index." If the Index is no longer available, or is no longer published by The Wall Street Journal, the Note Holder will choose a new index or source of index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding S1 X and 2/5 percentage points ( 6.400 %) to the Current Index. The Note Holder will then round the result of this addition up to the nearest one-eighth of one percentage paint (0.125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. MULTISTATE ADJUSTABLE RATE RIDER iee~o~ Original - Record . ~'~ ~ ~ Page 1 of 2 M005R1 iu~~u~~ai~wu~u~~isu ,e~~,~~~,~~E e~o The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes 13 . ?50 % or less The interest rate I am required to pay at the first Change Date will not be greater than than 10.250 %. Thereafter, my interest rate will never be increased or decreased on 1.000e%)hf om Date by more than 0112 percentage point(s) the rate of interest I have been paying for the preceding $1 X month(s). My interest rate will never be greater than 16.250 %, or less than 10.250 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F~ Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any payment change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regazding the notice. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. / /~_ i i~ r ` G (Seal) Atty at Law Donald M Witters -Borrower T6~~OTiiY M. ANSTtNE ~, ,(~~ - (Seal) q Kathy M Wi ers -Borrower ~~ ~ -ania1 86 . - :!andJ _ _ `;Ce fnr The rr?rnrriinr~ yf tl ... J~~ - /~` cords MULTISTATE ADJUSTABLE RATE RIDER ~ss~o- Original - Record M005R2 Page 2 of 2 _ (Seal) -Borrower _ (Seal) -Borrower 0081034878 64~~K iv ~~ PAGE .~i7 EXHIBIT "C" ~ ~ t /~ JFf~ ,. ;~_ \\yy//nn J I ~C'W~ When ReoorCed ReturFl To:1NC. OQUNTY RECORDER SERVICI=S, 900 E. P,ALM6R FIVE., STE. 8 6LENDALE, CA 91205 Parcel Number: 47 - 20 -1858 -184 t~fieg-Ree ti rn to: The Mo y S ore/Packaging P.O. Bo 0128 Sacramen CA 95816-0128 Loan No. 034878 ~:' : .. _ -~~ ,`~ ~ ' ~ ~ ' arY/`'~ J, Rl~ 11 ; ~ J a57.5"~ ASSIGNMENT OF MORTGAGE COMMONWEALTH OF PENNSYLVANIA, Cumberland covNTY, ~s~y FOR VALUE RECEIVED, the undersigned TMS Mortgage InC. , dba The Money Store does hereby grant, bargain, sell, convey, assign and deliver unto ~Ob~ u,i ~ ZYtC~ ~.o ~o~ 3'7~ Evansv'r11~, ~~+'~~,3C~-3~~8 that cer ~ M~rt age executed by Donald M. Witters And Kathy h~. Witters g (Mortgagor) in the original amount of Fifty-Four Thousand , Eight Hundred ($ 54 , 800.00 ) dollars, to the undersigned, which Mortgage is recorded in the office of the Rec~o~Qrder of Deeds of Cumberland County of Pennsylvania, in Book t 5`C~ Volume ,and Page ,together with the debt thereby secured and the note original amount therein describ and all right, title, and interest of the undersigned in and to the land and property conveyed by said Mortgage, said premises being situated in Worml eysburg County of Cumberland ,Pennsylvania, and known as: (SEE EXHIBIT 'A' ATTACHED) Commonly known as: 8 Poplar Street, Wormleysburg, PA 17043 PENNSYLVANIA ASSIGNMENT OF MORTGAGE ~se~oi Original - Record 995(PA) Page 1 of 3 111111111111111111111111111111111111111111111111111111111111111111111111111 pp81034878UAI ~~9 .~H~~~ ~ r~ *d`E':~TIr IED TD BE A TRUE ;;.~JK COSY ~F TH ORIGINAL, D~r~~:_.~.1 ~ _J IN WITNESS WHEREOF, the undersigned has caused this instrument to be1999 tad in its name by its duly authorized officer, on the 25th day of May To have and to hold unto successors and assigns forever. ATTEST: _~ %~ BY Catherine Albr State of Pennsylvania County of Cumberland On this the 25th day of May . ,its TMS Mortgage Inc., dba The Money Store ~~1~ ' ~ Jo Maurer Br ch Manager (Authorized Officer) . ,' .. . Vii' (~ Y, ..~ 1~. ., , .~~~ 1999 ,before me, ~ a notary ~"°' y„ ,the undersigned officer, personally appeared John Maurer ,who acknowledged himself to be the Branch Manager of TMS Mortgage Inc., dba The Money Store , a corporation, and that he, as such executive ~ ~ betng authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as Branch Manager In witness whereof I hereunto set my hand and official seal. Notarial Seat Pubfic Karon L. Bur Cumbea and County Hampden Twp., My Commission Expues Nov. 24.2001 Member. Pennsylvania Association of Notaries PENNSYLVANIA ASSIGNMENT OF MORTGAGE ~setoi Original - Record 995(PAI Page 2 of 3 ,~ ,. -• ` .; JJf ~ ~'N~L 44E~ ASSIGNMENT OF MORTGAGE BETWEEN: TMS Mortgage Inc., dba The Money Store AND ~10fZC~lU~ a ~l~ MAIL TO: ~~~` '1 ~t,~~~C Ili uU`~i O~ • l' ' ~~ ~~r ' ' " ~ ~ ~~Certificate of Residence C~l~e~al~ .C~ ~12D5 I, Catherine Albright do hereby certify that MORTGAGEE'S precise residence is , Shiremanstown, PA 17011 Witness my hand this 25th day of May 4660 Trindle Road, Suite 1002' 1999 ~/ ~~ ` p[bRTGAGEE or Agent fob ORTGAGEE PENNSYLVANIA ASSIGNMENT OF MORTGAGE ~es~oi Original - Record 995(PAI Page 3 of 3 Schedule "A" ALL THAT CERTAIN lot of land situate in the Borough of Wormleysburg, County of Cumberland and State of Pennsylvania, beincJ more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Poplar Street on the lire running throuflh the ceniur of the partition wall between properties Nos. 6 and 8 Poplar Street, :.aid point being ninety-nine and thirty-two one hundredths (99.32) feet measured wesiwardly along the northern line of Poplar Street from the northwest corner of Poplar Street and Front Street; thence in a northernly direction through the center of said partition wall and beyond one hundred sixteen (116) feet to property now or late of William F.,Martin; thence in a westerly direction along said property now or late of William F. Martin seventeen and sixty-three one-hundredths (17.63) feet to a point at a corner of lands of Charles D. [3rown, being property No. 10 Poplar Street; thence in a southerly direction along the line of said last mentioned property and through the center of the partition wall between properties Nos. 8 and 10 Poplar Street one hundred sixteen (116) feet to Poplar Streei; thence in an easterly direction along the northern line of Poplar Street seventeen and sixty-three one-hundredths (17.63) feet to the point or place of Beginning. HAVING THEREON erected a three story frame dwelling house known as No. 8 Poplar Street, Wormleysburg, Pennsylvania; SUBJECT to all easements, rights-of-way, restrictions and covenants of record. '~-~~' ~6~~ 'rA;E 445 f~ ~ ~. t EXHIBIT "D" ALL THAT CERTAIN lot of land situate in the Borough of Wormleysburg, County of Cumberland and State of Pennsylvania, being. more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Poplar Street on tl~e lire running throuflh the cenier of the partltlon wall between properties Nos. 6 and 8 Poplar Street, said point being ninety-nine and thirty-two one hundredths (99.32) feet measured westwardly along the northern line of Poplar Street from the northwest corner of Poplar Street and Front Street; thence in a northcrnly direction through the center of said partition wtlll and beyond one hundred sixteen (116) feet to property now or late of William F.,Martin; thence in a westerly direction along said property now or late of William F. Martin seventeen and sixty-three one-hundredths (17.63) feet to a point at a corner of lands of Charles D. Brown, being property No. 1 o Poplar Street; thence in a southerly direction along the line of said last mentioned property and through the center of the partition wall between properties Nos. 8 and 10 Poplar Street one hundred sixteen (116) feet to Poplar Street; thence in an easterly direction along the northern line of Poplar Street seventeen and sixty-three one-hundredths (17.63) feet to the point ar place of Beginning. HAVING THEREON erected a three story frame dwelling house known as No. t3 Poplar Street, Wormleysburg, Pennsylvania; SUBJECT to all easements. rights-of-way, restrictions and covenants of record. EXHIBIT "E" Apri19, 2007 Kathy M Witters 8 Poplar Street Wormleysburg, PA 17043 MorE~~uitylsM ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. ~ific information about the nature of the default is provided in the attached naves. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling,.Aaency. The name address and phone number of Consumer Credit Counseling Agencies servinP~vour County are ' listed at the end of this Notice If you have any questions you may call the Pennsylvania Housin¢ Finance Astency toll free at 1-800-342-2397. Persons with impaired hearing can call (717) 780-18691. This Notice contains important legal information. If you have any question, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your azea. The local bar association maybe able to help you find a lawyer. LA NOTIFICACION EN AD]UN'f0 ES DE SUMA IIvIPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: uity, Inc. P.O. Box 3188 • Evansville, IN 47736-3788 Donald M Witters & Kathy M Witters 8 Poplar Street Wormieysburg, PA 17043 730599 I" Union Money Store MorEquity A Member of American International Group, Inc. 070-60058 (REV. 5-05) HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you met with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take any further action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of desimtated consumer credit counseline agencies for the county in which the uronertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER FORECLOSURE MAY PROCEED AGAINST YOUR HOME IlVIl1gEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance aze very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PRUPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT BrinS it up to date). NATURE OF THE DEFAULT -The MORTGAGE held by the above lender on your property located at: 8 Poplar Street Worrnleysburg, PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments: 3 99 $ 2676 b) Delinquent Amount Due: . c) Late Charges: $ 55.11 d) Recoverable Corporate Advances: $ 0 e) Other Charges and Advances: $ 0 f) g) Less funds in Suspense: Total amount required as of (March 21, 2005): $ 0 $ 2676.99 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2676.99, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made oayable to: REGULAR MAIL MorEquity 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Faz Number: 1- 812-475-7235 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its right to accelerate the mort¢aae debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgaaed proDerty. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include our reasonable costs. If you cure the default within the THIRTY (301 DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so b}~ayms the total amount then nest due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and an other costs connected with the Shenil's Sale as specified in writing by the lender and by performing env other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately Five (5) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: MorEquity Address: 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Fax Number: 1- 812-475-7235 Contact Person: Loan Resolution Department EFFECT OF SHERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You may or XXX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELOR TOEBORROW MONEY FROM ANOTHER LENDING INSTITUTION TO DEBT PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DO NOT HAVE TH S RI~GHTD O CURE YOUR DEFAUL MOREOTHAN THREE D TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. By: MorEquity Collections Department ~r NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES AFAIR T .BADE PRACTICES ACTED) THE PENNSYLVANIA UN AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ET. SEQ. ("THE ACTS") INASMUCH A BTCTA~ FORMATION pBOTI~CEED I LEBE USED OR ATHAT PURPOS~ET TO COLLECT PE1~..oYLVANIA HOUSING FINANCE AGENC HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717)541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717)234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717)334-1518 FAX (717) 334-8326 . • ~ ~ ~ ~ ~ ~ , . , ~ ~ ,~ ~ ~ ri ~ ,~ ~~ .~ ~ O .D Postage $ N ~ Certifled Fee ! Postmark ~ ~ Retum Receipt FN (Erxlorsemerrt Required) Nere O ~ R~rided Delivery Fee (Eedorsemertt Required) ~ Toil postage & Fees ~ a o ,~~ Q t o W r T~c~_S-------------- ~------------- --..... ~Jr!1(~. ~~ f ` . - --[-J-- Street, ~Pt• ~.: - `II_ ~ ~. or PO Boar No. -..- Q 15l" ~- ._...------°------- ------ --- ---------- n w 1-, A t,O plate items 1, 2, and 3. Also complete ~4 ff Restricted pelivery is desired. ~ ~~ Y~ name artd address on the reverse r so that we can rattan the card to you. ~ .Attach this Card to the back of the mailpiece, Or Ort the front H Space permds• t Article Addressed to: l7c~a i d UJ ~ -~~ e ~ P ~a~ Sir e.~e..t' A. SU nat re ~~ i X Addressee f3. b PrJ lJerrre) C. Dat ~ ivory differerrt from item 1? Yes 1, D. Is delNery O No I If YES, errter delivery address below: RECEIVED 1305 q APR 1:6 2001h V ~~ 3• Type ~reCt1)~ertlfled Mail ^ Express Mail -,~A~ ^ ~i~~ ^ Retum Receipt for Merchandise p ~',~yil`Q,~~-fX ~~ ^ Insured Mall ^ C.O.D. v t ~~~ ~ 4. Re~slMcted DeINeQ-Yr (E>ctre Fea) ^ Yes 2. Artlde N ~ se-vice labe-) ~ ` O Q O ~ O ~ ~ O~o. / ~ 1 (ThvrsiM ~o2ss~-M-tsao Domestic Return Receipt PS Form 3811, February 2004 . Apri19, 2007 Donald M Witters 8 Poplar Street Wormleysburg, PA 17043 MorEquityl ACT 91 NOTICE ~~ TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached paces The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to helg save vour home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you whenyou meet with the Counseling Agency The name. address and phone number of Consumer Credit Counseling Agencies serving vour Countv are listed at the end of this Notice If you have an~aues 'ons you may call the Pennsylvania Housing Finance Asencv toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869) This Notice contains important legal information. If you have any question, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA 1MPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO A.RRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Donald M Witters & Kathy M Witters 8 Poplar Street `.~'urtiiteysburg, PA 171143 730599 1" Union Money Store MorEquity MorEquity, 1nC. A Member of American International Group, Inc. P.O. Box 3788 • Evansville, IN 47136-3188 070-60058 (REV. 5-05) HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WTTH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MU5T OCCUR WITHIN THE NEXT THIIZTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you met with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take any further action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of desi ated consumer credit counselins agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days'of your face-to-face meeting. YOU MUST FII.E YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER FORECLOSURE MAY PROCEED AGAINST YOUR HOME IlVIMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PRUPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date). NATURE OF THE DEFAULT -The MORTGAGE held by the above lender on your property located at: 8 Poplar Street Wonnleysburg, PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments: 3 b) Delinquent Amount Due: $ 2676.99 c) Late Charges: $ 55.11 d) Recoverable Corporate Advances: $ 0 e) Other Charges and Advances: $ 0 f) Less funds in Suspense: $ 0 g) Total amount required as of (March 21, 2005): $ 2676.99 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2676.99, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either b}%rash_ cashier's check, certified check or monev order made savable to: REGULAR MAIL MorEquity 600 N. Royal Ave Evansville, IN 47715 Phone Number: l- 800-205-8640 Fax Number: 1- 812-475-7235 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its right to accelerate the morteaee debt. This means that the entire outstanding balance of this debt will be considered due unmediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include our reasonable costs. If you cure the default within the THIRTY (301 DAY period you will not_be required to aav attorney's fees. OTHER LENDERREMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the ri hg t to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so b py suing the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected wrth the Shenff s Sale as ~ecified in writing_bv the lender and by performin¢ any other reauirements under the morta_a~ Curing your default in the manner set forth in this notice will restore your mortgage to the same posrtron as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately Five (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: MorEquity Address: 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Faz Number: 1- 812-075-7235 Contact Person: Loan Resolution Department EFFECT OF SHERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You may or XXX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.} TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. By: MorEquity Collections Department NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ET. SEQ. ("THE ACTS") INASMUCH AS THE ACTS MAY APPLY, THIS NOTICE MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY PENNSYLVANIA HOUSING FINANCE AGENC ~ HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717)541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717)234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717)243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717)334-1518 FAX (717) 334-8326 ^ Complete ftems 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. : . ^ Print your name and address on the reverse' so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on tha front 'lf space permits. 1. Article Addressed to: ~a~(.,~~ ~ , ~ ,-~QrS ~ ~ ~ ~re ~ a re ^ Agent ^ Addressee g, ed 'y (Printed Name C. D e of livery D. Is delivery dr~es/s~different from item 1? ^ Yes Ifd(~,~t~' V C® rase below: ^ No (~C`c ~3 05 q~ APR 16 2007 v Q c~ ~ e 3. Type 'j~ Certlfled MaN ^ Express Mall /, ~ f ~ (] ~! 2 ^ Registered ^ Return Receipt for Merchandise wv~ ~ ~,~'/ S 1~". Y~ ~~ IJ ^ Insured Mail ^ C.O.D. ( U 4. Re^s~tricted O'eAlivlery? (Exha Fee) ^ Yes 2. Article Number(7(~j 6 ~ l7© ~ VUZ. ~UJ G.~ ~ v v (Transfer from febeQ PS Form 3811, February 2004 Domestic Return R pt ~o25ss-o2-M-isao ~...~...,M.,x._... _ __ . '• . tr ~ ~ `" o a .• • . . a .. ru C /tea ~ n ®~ , `^ T" ~ ~w+- ~ lam, L a `n Postage ~ ti o certlned Fee ~~ Poste 0 ° (Erboi er eM ~uFed~) ~ ~'' ~ Restricted DefFrery Fee ~ ~ r~-l (~ ReQ~redi o $ 9 j Total Postage 6 Fees -0 0 o W~ rs a ---- ---- --------------------- orPOBaxIVa ~ . ~._.1~4~ ~~ ~ S~?e ~._--------------------- .....---•--------- ------------ •- l ~0 c"'' s~aa, af~a tl (~ '~" # ~k ~ J O V v Via{ ' N 0 C_ ~ -Y'1 y- rrt~ i ~~ _ , ~ __ _.., n i J • ~J r1 ~Y% SHERIFF'S RETURN - REGULAR ~ '~. "VASE N0: 2007-04706 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOREQUITY INC VS WITTERS DONALD M ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WITTERS DONALD M the DEFENDANT at 1632:00 HOURS, on the 9th day of August 2007 at 8 POPLAR STREET WORMLEYSBURG, PA 17043 by handing to KATHY M WITTERS (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 15.36 Postage .58 Surcharge 10.00 .00 ~I~~~~1 43.94 Sworn and Subscibed to before me this day of , So Answers: -~~ /' R. Thomas Kline 08/10/2007 PARKER MCCAY BY ~_ ~ i ~ ~/ Deputy S~ieriff A.D. SHERIFF'S RETURN - REGULAR J"R L"ASE NO: 2007-04706 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOREQUITY INC VS WITTERS DONALD M ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WITTERS KATHY M the DEFENDANT at 1632:00 HOURS, on the 9th day of August 2007 at 8 POPLAR STREET WORMLEYSBURG, PA 17043 by handing to KATHY M WITTERS 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 ~ ~ I'1 ~ o ~ ~,., 16.0 0 Sworn and Subscibed to before me this day So Answers: .-~~~ /• R. Thomas Kline 08/10/2007 PARKER MCCAY ~~ By: Dep y Sheriff of A.D. PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID# 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, MorEquity, Inc. MorEquity, Inc. 600 N. Royal Avenue Evansville, IN 47715 Vs. Plaintiff, Donald M. Witters and Kathy M. Witters 8 Poplar Street Wormleysburg, PA 17043 Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY AUGUST TERM, 2007 No.: 2007-4706 CIVII., ACTION MORTGAGE FORECLOSURE PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment by Default in favor of Plaintiff, MorEquity, Inc. and against Defendant(s), Donald M. Witters and Kathy M. Witters for failure to answer or otherwise respond to the Complaint in Mortgage Foreclosure. Kindly assess damages in the above matter against Defendant as follows: As set forth in Com laint $56,942.00 Interest - 8/7/07 to 10/26/07 $1,360.00 Late Charges $73.65 Co orate Advances $192.50 TOTAL $58,568.15 Together with interest at the contract rate after the date of judgment, and costs. I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT IN MORTGAGE FORECLOSURE AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT IN MORTGAGE FORECLOSURE. 1 Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this Praecipe was mailed to the Defendant against whom judgment is to be entered more than ten (10) prior to the date of the filing of this Praecipe and a copy of the notice is attached. PAR~t MCCAY Dated: October 26, 2007 BY: Em~(ianue~J. A~gen eri, Esquire Attorney I~j#59264 Three Greentree Ce re 7001 Lincoln Drive, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 NOW, ~~4,~ 3D+~ , 2007, JUDGMENT IS ENTERED AS ABOVE. 2 Parker McCay P.A. Three Greentree Centre 7001 Lincoln Drive West P.O. Box 974 Marlton, NJ 08053-0974 Certified Article Number i "1 SENDERS RECORD September 13, 2007 REGULAR & CERTIFIED MAIL, RETURN RECEIPT REQUESTED Kathy M. Witters 8 Poplar Street Wormleysburg, PA 10743 Re: Witters, Donald M. & Kathy M. Ads MorEpuity Docket No. 2007-04706 Dear Ms. Witters: P: 856-596-8900 F: 856-596-9631 www.parkermccay.com Emmanuel J. Argentieri, Esquire P: 856-985-4025 F' 856-596-3427 eargentien~parkermccay.com File No. 13841-0082 Enclosed herewith please find a Notice of Intention to File Praecipe for Entry of Default Judgment. If you have any questions please feel free to call. This letter is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. EJA/dmk Enclosure Marlton, New Jersey Lawrenceville, New Jersey West Atlantic City, New Jersey PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID# 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, MorEquity, lnc. MorEquity, Inc. 600 N. Royal Avenue Evansville, IN 47715 Vs. Plaintiff, Donald M. Witters and Kathy M. Witters $ Poplar Street Wormleys6urg, PA 17043 Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY AUGUST TERM, 2007 No.: 2007-4706 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: Kathy M. Witters and 8 Poplar Street Wormleysburg, PA 17043 DATE OF NOTICE: September 13, 2007 IMPORTANT N(JTICE 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 4'h Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT: WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. DATE: September 13, 2007 VIA CERTIFIED MAIL - RRR AND FIRST CLASS MAIL _-,,,~.. "~" ~ '.,. ~~°.~~9e TO' xarn ~ ~3Z y M, witters 8 P~P1ar s~"eet W ~~nleysbur~, Pq l p743 SENpER. dmlc RE~REkCE:MorEqut h' vs, Witters ~E~HN p~~ 2pp~ SERy~ ~ pehrrn p~ 1~t t r~ °~ ' vs~~~~ ;' ~e~ ~jpt for ~, ~ ffi~d M'~fl ---- .._.. i„~ ~~-~.,a ~. 2 A -.a,...e..,. ~._. . -tiae Mumber _ ~. . - 7167 3qh, `~q9 b99y 56~, 3. Service Type CERTIF1Ep ~~ 4. Restricted ()slivery? (~ ~-~," i• Amae ~Q~ Addressed to: t.__-res Kathy M. Wltters `~ PoPlar Street Warmleysburg, YA 10743 MarEquity vs. Witters PS Form 3811, January 2005 domestic Return ReceipdiRj~ I z. ll. S P, SEP ~, M a- l~ ~ v, Q ~` ~~ ~~~ ~~~ a ~~ s --~ ~. ~_ ` ~a~ R+wn rrom stern 7? ^ Atldressee y °eia,r a° ~` ~' >~ ~.- ~° Parker McCay P.A. Three Greentree Centre 7001 Lincoln Drive West P.O. Box 974 ATTORNEYS A T LAW Marlton, NJ 08053-0974 P: 856-596-8900 ~ ~ F: 856-596-9631 www.parkermccay.com ?160.. 3901. 9849 8994 =5648 Emmanuel J. Argentieri, Esquire • • ~ • ] P: 856-985-4025 F: 856-596-3427 eargentieri~parkermccay.com September 13, 2007 REGULAR & CERTIFIED MAIL, RETURN RECEIPT REQUESTED Donald M. Witters 8 Poplar Street Wormleysburg, PA 10743 Re: Witters, Donald M. & Kathy M. Ads MorEguity Docket No. 2007-04706 Dear Mr. Witters: File No. 13841-0082 Enclosed herewith please find a Notice of Intention to File Praecipe for Entry of Default Judgment. If you have any questions please feel free to call. This letter is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. EJA/dmk Enclosure Marlton, New Jersey Lawrenceville, New Jersey West Atlantic City, New Jersey '~~ 7160 3901 9849 8994 5648 TO: Donald M. Witters 8 Poplar Street Wormleysburg, PA 10743 SENDER: dmk REFERENCE:MorEquity vWitters i RETURN Postage RECEIPT ~~ Fee SERVICE Return Receipt Fee Total Postage 8 Fees U3 Pbsta! Service Receipt for Certified Mail Do t~ Wei for M~grr Wonai NMMY O IK OR'~TE o ~Q~~ ~ ~)s ~. --_.___. -~ ~v.._..~~, __._ ._~w.~:_~ u , 2. Article Number "~"'' 1' . ~~ 3~7, 9b49 89911 '5648 3' ~^~ ryPe EERTIFlED i1AA1t. 4. Restrtcted Delivery? (Extra Fee) QYes i. Article Addressed to: D,c~ald M. ~~Vitters ~~ 8 Poplar Street ~,~4/ormleysburg, PA 10743 _-~ ~~ U. ~'. ~°DSTdGE .T~1 ~3 SEP '~ ,~~ 827{392 ~~ K S ~~ AC82~~~ ~~~ ~ ~ z .~ z H O) ~ cS e m _ V ~ _, LLj ~ -r W ~ ~ lu! ~ ~ Op ~ a O F-- v Z ti v W -~ M t== ~ (L ~' w ~ Z o ~ rn Q' '..~ ~ Qa N ;y ~~ ~ Q ~ °' ~ ~~ ~ ~ ~ Y. ~~~, ~ ~'~ °a~ "~ ~ ~ (~ oo ~ ~. ~g ~ ~ A by (Pleas+s Print ) 8: Date of Derrvery ,n s ~f s ~. • ._._ x ` _ ^ Agent D. la Addressee rY dHieront from Item 1? ^ Yes ff YE3, enter delNery address trelow: ^ No MorLruity v Witters PS Form 3811 dmk January 2005 Domestic Return Receipt PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID# 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, MorEquity, Inc. MorEquity, Inc. 600 N. Royal Avenue Evansville, IN 47715 Plaintiff, Vs. Donald M. Witters and Kathy M. Witters 8 Poplar Street Wormleysburg, P.~ 17043 Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY AUGUST TERM, 2007 No.: 2007-4706 CIiVII, ACTION MORTGAGE FORECLOSURE NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: Donald M. Witters and 8 Poplar Street Wormleysburg, PA 17043 DATE OF NOTICE: September 13, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION BOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS A A REDUCED FEE OR NO FEE. Cumberland County La er Referral Service 4`h Floor, Cumberland ounty Courthouse Carlisle, PA 17013 (717)240- 200 NOTICE REQUIRED BY THE FAIR DEl WE ARE ATTEMPTING TO COLLECT WE OBTAIN WILL BE USE ' COLLECTION PRACTICES ACT: DEBT, AND ANY INFORMATION FOR THAT PURPOSE. ly DATE: September 13, 2007 for VIA CERTIFIED MAIL - RRR AND FIRST CLASS MAIL i~ PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID# 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, MorEquity, Inc. MorEquity, Inc. 600 N. Royal Avenue Evansville, IN 47715 Plaintiff, Vs. Donald M. Witters and Kathy M. Witters 8 Poplar Street Wormleysburg, PA 17043 Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY AUGUST TERM, 2007 No.: 2007-4706 CIVIL ACTION MORTGAGE FORECLOSURE VERIFICATION OF NON-MILITARY SERVICE I, Emmanuel J. Argentieri, Esquire, hereby certify that I represent Plaintiff in the above entitled case; that I am authorized to make this Verification on behalf of Plaintiff; that the above- named Defendants are over 18 years of age; that the address of the Defendants is 8 Poplar Street, Wormleysburg, PA 17043, that the occupations of the Defendants are unknown; and that the Defendants are not known to be in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. I also certify that the address of the Plaintiff is 600 N. Roayl Avenue, Evansville, IN 47715. r ~" 1 I understand that the statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. PA MCCAY, P.C. By: Em el J Arg tie Thr e Gree tree entre 7001 Linco n Drive W t P.O. Box 974 Marlton, NJ 08053-09 4 Date: October 26.2007 2 PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID# 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, MorEquity, Inc. MorEquity, Inc. 600 N. Royal Avenue Evansville, IN 47715 Plaintiff, Vs. Donald M. Witters and Kathy M. Witters 8 Poplar Street Wormleysburg, PA 17043 COURT OF COMMON PLEAS CUMBERLAND COUNTY AUGUST TERM, 2007 No.: 2007-4706 CIVIL ACTION MORTGAGE FORECLOSURE Defendant(s) I, Emmanuel J. Argentieri, Esquire, do Witters and Kathy M. Witters were served with action, via the Cumberland County Sheriff s Deb copy of the Sheriff s Affidavit of Service is attacl P By: Eby certify that the Defendants, Donald M. Complaint in Mortgage Foreclosure in this ment on August 9, 2007. A true and correct hereto as Exhibit "A". Y, ~ C. 7001 L'n¢oln Drive W~st P.O. B x 974 Marlto , NJ 08053-0974 Date: October 26, 2007 1 EXHIBIT "A" 5n~xlr~r~ ~ ~ x~•i~uxN - x~vu~x Cr'~SE N0: 2007-04706 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOREQUITY INC VS WITTERS DONALD M ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WITTERS DONALD M the DEFENDANT at 1632:00 HOURS, on the 9th day of August 2007 at 8 POPLAR STREET WORMLEYSBURG, PA 17043 by handing to KATHY M WITTERS (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 Service Postage Surcharge 18.00 15.36 .58 10.00 So Answers: ..E~ l' Sworn and Subscibed to before me this of day A.D. R. Thomas Kline 08/10/2007 PARKER MCCAY ,~" BY : ~ ~J ~' ~~pu4y a ~n.c~xlrr ~~ x~'1'UKN - kt~C~ULAR CASE N0: 2007-0470E. .' COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOREQUITY INC VS WITTERS DONALD M ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WITTERS KATHY M the DEFENDANT at 1632:00 HOURS, on the 9th day of August 2007 at 8 POPLAR STREET WORMLEYSBURG, PA 17043 by handing to KATHY M WITTERS 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 So Answers: R. Thomas Kline 08/10/2007 PARKER MCCAY By: Dep y Sheriff of A.D. t"`~ ~ -_ ~ ""i'j ~~, C "7 ~ ' ~ ~ -~ 0 `t _ ., ~ ~ ~~i 1 ~, .tea ~ "~.- `= " r~, r -~ ~ ~ 4 PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID# 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856)596-8900 Attorney for Plaintiff, MorEquity, Inc. MorEquity, Inc. 600 N. Royal Avenue Evansville, IN 47715 Plaintiff, Vs. Donald M. Witters and Kathy M. Witters 8 Poplar Street Wormleysburg, PA 17043 Defendant(s) TO: Donald M. Witters and 8 Poplar Street Wormleysburg, PA 17043 COURT OF COMMON PLEAS CUMBERLAND COUNTY AUGUST TERM, 2007 No.: 2007-4706 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY DEFAULT has been entered against you in the above proceeding and that enclosed herewith is a copy of all the (record) documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY EMMANUEL J. ARGENTIERI, AT TELEPHONE NO. (856) 596-8900 NOTICE REQUIRED BY THE FAIR DEB'Y' COLLECTION PRACTICES ACT: WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. Curtis R. Long, Prothonotary l0/3cf0? 2 t '~ PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID# 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, MorEquity, Inc. MorEquity, Inc. 600 N. Royal Avenue Evansville, IN 47715 Plaintiff, Vs. Donald M. Witters and Kathy M. Witters 8 Poplar Street Wormleysburg, PA 17043 Defendant(s) TO: Kathy M. Witters and 8 Poplar Street Wormleysburg, PA 17043 COURT OF COMMON PLEAS CUMBERLAND COUNTY AUGUST TERM, 2007 No.: 2007-4706 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY DEFAULT has been entered against you in the above proceeding and that enclosed herewith is a copy of all the (record) documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY EMMANUEL J. ARGENTIERI, AT TELEPHONE NO. (856) 596-8900 1 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT: WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. Curtis R. Long, Prothonotary f 51 l..ttl~1S.b ~- ~ lOJ3o f o7 2 PARKER MCCAY, PA By: Emmanuel J. Argentieri, Esquire Identification No. 59264. Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 596-8900 MOREQUITY, INC. b00 N. Royal Avenue Evansville, IN 47715 Plaintiff v. COURT OF COMMON PLEAS CUMBERLAND COUNTY DONALD M. WITTERS and KATHY M. WITTERS 8 Poplar Street Wormleysburg, PA 17043 No. 2007-4706 Defendants PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of CUMBERLAND County; 2. Against the Defendant(s) in the above-captioned matter; and 3. Index this writ against the Defendant(s) as follows: Donald M. Witters and Kathy M. Witters 4. Real Property involved: 8 Poplar Street, Wormleysburg, PA 17043. ~°' --t ~ ~ Sts • -~ .~. tll O ~ p -~ d p O O ~; ,= -- ~,. N "3 ~--~'' - ~> ~ o O ~ (~ ~ ~ nro t;;n ~ ` ~ ;~,sa '1 r ~ '~ D _ 'ti't ~ _ ,m ~ ~ --° ~-a ~ ~ "' q 3 -~, t:; ~, , ~ ~ b- ~ ~ ~; • • ~-~. 1 -~ a ~- ~,* ' PARKER MCCAY, PA By: Emmanuel J. Argentieri, Esquire Identification No. 59264 Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 596-8900 MOREQUITY, INC. 600 N. Royal Avenue Evansville, IN 47715 Plaintiff COURT OF COMMON PLEAS v. DONALD M. WITTERS and KATHY M. WITTERS 8 Poplar Street Wormleysburg, PA 17043 Defendants CUMBERLAND COUNTY No. 2007-4706 AFFIDAVIT PURSUANT TO RULE 3129.1 The MorEquity, Inc., Plaintiff in the above-captioned action, comes by its attorney and sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property known as 8 Poplar Street, Wormleysburg, PA 17043 (see property description attached). ~'"' t 1) Name and address of Owners or Reputed Owners: Name Address (if address cannot be reasonably ascertained, please so indicate) (a) Donald M. Witters. (a) 8 Poplar Street Wormleysburg, PA 17043 (b) Kathy M. Witters. (b) 8 Poplar Street Wormleysburg, PA 17043 2) Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) (a} Donald M. Witters. (a) 8 Poplar Street Wormleysburg, PA 17043 (b) Kathy M. Witters. (b) 8 Poplar Street Wormleysburg, PA 17043 3) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: (a) Borough of Wormleysburg (a) 20 Market Street Wormleysburg, PA 17043 4) Name and address of the fast recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) (a) MorEquity, Inc. (a) 600 N. Royal Ave. Evansville,lN 47715 (b) The Pennsylvania Housing (b) 211 N. Front Street Finance Agency Harrisburg, PA 17105 5) Name and address of every other person who has any record lien on the property: 6) Name and address of every other person wha has any record interest in or record lien on the property and whose interest may be affected by the sale: NONE 2 ~ • 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: Name (a) Wormleysburg Borough (b) West Shore School District (c) Cumberland County Domestic Relations (d) Commonwealth of Pennsylvania Department of Welfare (e) Cumberland County Tax Claim Bureau Address (if address cannot be reasonably ascertained, please so indicate) (a) William O'Donnell, Tax Collector PO Box 200 Wormleysburg, PA 17043 (b) Lower Allen Township Tax Collector 1993 Hummel Avenue Camp Hill, PA 17011 (c) 13 North Hanover Street Carlisle, PA 17013 (d) 333 Health and Welfare Building Harrisburg, PA 17105 (e) Old Courthouse 1 Courthouse Square Carlisle, PA 17013 I verify that I am the attorney for the Plaintiff, MorEquity, Inc., in this action; that I am authorized to take this Verification on their behalf; and that the statements made in this Verification are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties Pa. C _S. Section 4909 relating to unsworn falsification to authorities. Sworn to and subscribed to before me this 19~' day of November, 2007 A PUBL C SHELLEY VIRGILIO A NOTARY PllBLIC OF NEW JERSEY MY COMMISSION EXPIRES MARCH 2, ZO10 A 3. ESQUIRE Inc. 3 M` ~~ _~ T'^ ~~ Y ~ 4yj -_ ~ ~~7 r ... .~ t'Yt L _ ~ ~ 1 ' ~ ~r ~7 --..f -G --. . E PARKER MCCAY, PA By: Emmanuel J. Argentieri, Esquire Identification No. 59264 Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 596-8900 MOREQUITY, INC. COURT OF COMMON PLEAS 600 N. Royal Avenue Evansville, IN 47715 CUMBERLAND COUNTY Plaintiff No. 2007-4706 v. DONALD M. WITTERS and KATHY M. WITTERS 8 Poplar Street Wormleysburg, PA 17043 : Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: All Parties In Interest And Claimants OWNER(S): Donald M. Witters and Kathy M. Witters PROPERTY: 8 Poplar Street, Wormleysburg, PA 17043 IMPROVEMENTS: Residential Single Family Dwelling The above referenced property is scheduled to be sold on March 7, 2008 at 10:00 a.m., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. .•? A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions aze filed thereto within ten (10) days after the filing of the schedule. Date: November 19, 2007 2 r LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Wormleysburg, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Poplar Street on the line running through the center of the partition wall between properties Nos. 6 and 8 Poplar Street, said point being ninety-nine and thirty-two one-hundredths (99.32) feet measured westwardly along the northern line of Poplar Street from the northwest corner of Poplar Street and Front Street; thence in a northernly direction through the center of said partition wall and beyond one hundred sixteen (116) feet to property now or late of William F. Martin; thence in a westerly direction along said property now or late of William F. Martin seventeen and sixty--three one-hundredths (17.63) feet to a point at a corner of lands of Charles D. Brown, being property No. 10 Poplar Street; thence in a southerly direction along the line of said last mentioned property and through the center of the partition wall between properties Nos. 8 and 10 Poplar Street one hundred sixteen (116) feet to Poplar Street; thence in an easterly direction along the northern line of Poplar Street seventeen and sixty-three one-hundredths (17.63) feet to the paint or place of Beginning., HAVING THEREON erected a three story frame dwelling house known as No. 8 Poplar Street, Wormleysburg, Pennsylvania; Subject to all easements, right-of--way, restrictions and covenants of record. Commonly known as 8 Poplar Street, Wormleysburg, PA 17043 Parcel #47-20-1858-184 ~ . PARKER MCCAY, PA By: Emmanuel J. Argentieri, Esquire Identification No. 59264 Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 596-8900 MOREQUITY, INC. COURT OF COMMON PLEAS 600 N. Royal Avenue Evansville, IN 47715 CUMBERLAND COUNTY Plaintiff No. 06-7076 v. DONALD M. WITTERS and : KATHY M. WITTERS 8 Poplar Street Wormleysburg, PA 17043 ; Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: DONALD M. WITTERS 8 Poplar Street ; Wormleysburg, PA 17043 Your real estate located at 8 Poplar Street, Wormleysburg, PA 17043 is scheduled to be sold at Sheriffs sale on March 7, 2008 at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the presently outstanding court judgment of $58,568.15, plus interest and costs, obtained by MorEquity, Inc. against you. r ~.,r NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1) This sale will be canceled if you pay the judgment to Emmanuel J. Argentieri, Esquire, Three Greentree Centre, 7001 Lincoln Drive, PO Box 974. Marlton, NJ 08053. To find out how much you must pay, you may call (856) 596-8900. 2) You may be able to stop the sale by filing a petition asking the court to strike or open the judgment, if the judgment was improperly entered. You may also ask the court to postpone the sale for good cause. 3) You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1) If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriffs Office Real Estate Division at 1(888) 697-0371 x 6390 or Emmanuel J. Argentieri, Esquire, at (856) 596-8900. 2) You may be able to petition the court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3) The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Sheriffs Office Real Estate Division at 1(888) 697-0371 x 6390 or Emmanuel J. Argentieri, Esquire, at (856) 596-8900. 4) If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 2 r, , 5) You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6) You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on the 30th day after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days of the preparation of the schedule of distribution. 7) You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 3 PARKER MCCAY, PA By: Emmanuel J. Argentieri, Esquire Identification No. 59264. Three Greentree Centre. 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 596-8900 MOREQUITY, INC. 600 N. Royal Avenue Evansville, IN 47715 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff v. DONALD M. WITTERS and KATHY M. WITTERS 8 Poplar Street Wormleysburg, PA 17043 Defendants No. 06-7076 AFFIDAVIT OF LAST KNOWN ADDRESS BEFORE ME, the undersigned authority, personally appeared EMMANUEL J. ARGENTIERI, ESQUIRE, who, being duly sworn according to law, deposes and says that to the best of his knowledge, information and belief that the last known address of Defendants, Donald M. Witters and Kathy M. Witters is 8 Poplar Str~~Vorml~ysburg, ),jA 1~~ L J. A~GE1~yQIB`RI, ESQUIRE Plaintiff, rEquity, Inc. Sworn to and subscribed to before me this 19`h day of November, 2007 '` c A PUB I SHELLEY VIRGILIO A NOTARY PUBLIC OF NEW 1ERSEY MY COMMISSION EXPIRES MARCH 2, 2010 C' r=,> f"' ter- ~~-~ c ~.. <~? ~,,_ - ~~ ~~~ ~ ~~ z 1-~ _ ~~. .q _ "~. _ ~ 'M..~ .~.:!~ ~,..r ~' -. ~:._ pro ~~~ _ . : ; ~ W + , ~ PARKER MCCAY, PA By: Emmanuel J. Argentieri, Esquire Identification No. 59264 Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 596-8900 MOREQUITY, INC. COURT OF COMMON PLEAS 600 N. Royal Avenue Evansville, IN 47715 CUMBERLAND COUNTY Plaintiff No. 2007-4706 v. DONALD M. WITTERS and : KATHY M. WITTERS . 8 Poplar Street . Wormleysburg, PA 17043 . Defendants ACT 91 CERTIFICATION I, Emmanuel J. Argentieri, hereby certify that an Act 91 Notice was provided to Donald M. Witters and Kathy M. Witters, the Defendan certified mail, return receipt requested. Sworn to and subscribed to before me this 19~' day of November, 2007 / ~Y Al PUBI! C and SNELtEY VIRGILiO A NOTARY PUBLIG OF NEW JERSEY MY COMMISSION EXPIRES MARCN 2, 2010 n.:., ~` r, c--, ~-`v3 .tip -~ `~~ ~ ---t ~._ . cap , ' : - 1r., _ :~ ,'~. ~ t ,,,~ PARKER MCCAY, PA By: Emmanuel J. Argentieri, Esquire Identification No. 59264 Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 596-8900 MOREQUITY, INC. 600 N. Royal Avenue Evansville, IN 47715 Plaintiff v. DONALD M. WITTERS and KATHY M. WITTERS 8 Poplar Street Wormleysburg, PA 17043 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2007-4706 NOTICE OF THE SALE OF REAL PROPERTY Please be advised that the property and improvements, if any, located at 8 Poplar Street, Wormleysburg, PA 17043 will be sold by the Sheriff of Cumberland County on March 7, 2008 at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. This property and improvements are being sold pursuant to judgment entered on October 30, 2007 in the amount of $58,568.15, plus interest and costs filed in the Court of Common Pleas of Cumberland County, No. 2007-4706 in favor of the plaintiff, MorEquity, Inc. and against the Defendants in the aforesaid judgment. The name of the owner(s), real owner(s), and reputed owner(s) of the aforesaid property are Donald M. Witters and Kathy M. Witters. A schedule of the distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs office, by calling Sheriffs Office Real Estate Divisioyat 1(888)697-0371 x 6390, to determine the actual date and time of the filing of said schedule. Date: November ] 9.2007 . J. A~tGEP~I~rEIRI, ESQUIRE Plaintiff (') r-~ t'7 ~ =' Ott '~" t , w ~ w s,,,~ -zf r~' , . ., - - - _ . ~_ _. ~: `, ,ws !, .,,~ . . LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Wormleysburg, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Poplar Street on the line running through the center of the partition wall between properties Nos. 6 and 8 Poplar Street, said point being ninety-nine and thirty-two one-hundredths (99.32) feet measured westwardly along the northern line of Poplar Street from the northwest corner of Poplar Street and Front Street; thence in a northernly direction through the center of said partition wall and beyond one hundred sixteen (116) feet to property now or late of William F. Martin; thence in a westerly direction along said property now or late of William F. Martin seventeen and sixty--three one-hundredths (17.63) feet to a point at a corner of lands of Charles D. Brown, being property No. 10 Poplar Street; thence in a southerly direction along the line of said last mentioned property and through the center of the partition wall between properties Nos. 8 and 10 Poplar Street one hundred sixteen (116) feet to Poplar Street; thence in an easterly direction along the northern line of Poplar Street seventeen and sixty-three one-hundredths (17.63) feet to the point or place of Beginning., HAVING THEREON erected a three story frame dwelling house known as No. 8 Poplar Street, Wormleysburg, Pennsylvania; Subject to all easements, right-of--way, restrictions and covenants of record. Commonly known as S Poplar Street, Wormleysburg, PA 17043 Parcel #47-20-1858-184 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-4706 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MOREQUITY, INC., Plaintiff (s) From DONALD M. WITTERS and KATHY M. WITTERS (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 $58,568.15 L.L.$ 0.50 Interest from 10/27/07 until Date of Sale of 3/7/08 -- $2,244.00 Atty's Comm % Due Prothy $2.00 Atty Paid $178.94 Plaintiff Paid Date: 11/28/07 Other Costs (Seal) REQUESTING PARTY: Name EMMANUEL J. ARGENTIERI, ESQUIRE Address: PARKER MCCAY PA THREE GREENTREE CENTRE 7001 LINCOLN DRIVE PO BOX 974 MARLTON, NJ 08053 Attorney for: PLAINTIFF Telephone: 856-596-8900 Supreme Court ID No. 59264 PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID# 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, MorEquity, Inc. MorEquity, Inc. 600 N. Royal Avenue Evansville, IN 47715 Plaintiff, Vs. Donald M. Witters and Kathy M. Witters 8 Poplar Street Wormleysburg, PA 17043 Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY AUGUST TERM, 2007 No.: 2007-4706 CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO PaR.C.P. 3129.2 STATE OF NEW JERSEY SS: COUNTY OF BURLINGTON I, Emmanuel J. Argentieri, Esquire, of full age, being duly sworn according to law, upon my oath, depose and say, 1. True and correct copies of the Sheriffls Sale documents were served on Defendants via the Sheriff of Cumberland County on December 6, 2008, and to Defendants by regulaz and certified mail, return receipt requested on December 26, 2007, as is evidenced by the attached PS Form 3817s and certified mail receipt attached hereto as Exhibit "A". 2. In addition, true and correct copies of the Notice of Sheriff's Sale of Real Estate (Lienholder Notice) and other applicable notices with reference to the scheduled Sheriffs sale were sent to the following parties of interest on December 26, 2007, via first class mail, postage prepaid with certificates of mailing which are attached hereto and made a part hereof as Exhibit ..B.. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unsworn fa~cation to authorities. E ~~f /IIAtNU~L J. ~GL ERI, ESQUIRE A ID# 5 264 Attorney for Plaintiff, orEqurty, Inc. Sworn to and subscribed Befo~~ne this o~ 6~lay of 2008. ~~ _ ~ / Notary Public VICTORIA HAKFI NOf'ARY PUBLIC OF NEW.IBlSEYd Car~tr~~ l;:s~'sres 8r °"-,'2071 EXHIBIT "A" Morequity Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Donald M. Witters and Kathy M. Witters Writ No. 2007-4706 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on December 06, 2007 at 1920 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: Donald M. Witters and Kathy M. Witters, by making known unto Kathy Witters, personally and adult in charge for Donald M. Witters at 8 Poplar Street, Wormleysburg, Cumberland County, Pennsylvania and its contents and at the same time handing to her personally the said true and correct copies of the same. Tim Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2008 at 1005 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 Donald M. Witters and Kathy M. Witters located at 8 Poplar Street, Wormleysburg, 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: Donald M. Witters and Kathy M. Witters by regular mail to their last known address of 8 Poplar Street, Wormleysburg, PA 17043. These letters were mailed under the date of January 08, 2008 and never returned to the Sheriffs Office. So Answers: ~~~ R. Thomas Kline, Sheriff .. BY Real Estate ergeant 7160 3901 9845 2900 266q To: Donald M. Witters. 8 Poplar Street Wormleysburg, PA 17043 SENDER: DMK REFERENCE:Morequity v. Witters RETURN Postage RECEIPT i SE Certified Fee RVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverege Provided Do Not Use for International Mail /( /dig ~ri~C~~ POS~q-iK O~ 1t7\`~~1 ~ ~ :~~ ~. %~ `7~%,` ~%t~ t +N 2. Art~le Nutrtbar u~~~ ~ ~ ~~~~~~~~Fw ~~ ~ Poplar Street ormleysburg, PA 17043 Moreclttity v. Withers PS Form !fit t, Jatwary ~ z a a g u. 0 w a v_ u. I/ ~? ,U ~ ' ,,, ' w a f" z Z o W ~ W z ~ a w V ~~ _ O~ ~ o~ ~~ rCL1 Z. E ~o~s u W~ '~ my a a ~I w g w Z r~rs R us PosraGE $ 01.05 \rj ~i ,( ~9Z r"~.. ~ ~' ~r '! rn ''~ M a~ i ,ti 0 ao ~ M Z ~ z N O i a J ~ ~ ~ ~ ~ .~ ~" o a° Qoo3 `" I I °. N -~ r~ r t7t) t~ Q ?160 3901 9x45 2900 2671 To: Kathy M. Witters. 8 Poplaz Street Wormleysburg, PA 17043 lIENDER: dmlc !IEl~ERENCE:Morequity v. Witters RETURN Postage ~ . ~~~ SERbICE Certified Fee Return Receipt Fee S ~~~ Restricted Delivery ~~ Totat Postage 8 Fees ~ 4 G - ~ US Postal Service POS KOR DATE ' Receipt for ~, 9Z ~t ~~ ~ ~ Certified Mail ~ ~ _~ ~ ~ G 1 ; t~ No Insurance Coverage Provided Do Not Use for International Mail __ IIII~IIB~~II~IIIRRA~~ 3. Service Type CEftrIFlf~Y MAIL 4. Restricted Delnrery? (Extra Fee) QY~s 1. Article Addrossed to: Kathy M. Witters. 8 Poplar Street Wortnleysburg, PA 17043 Morequity v. Witters P3 Fam t t , .l~nwtrr !h ,.., fri r r,~, t. ~j~ .~~ _ z J ~ ~ O U M LL' O ~' ~ W t,17 ~ W ~ O ~ U a f-- O Z z -~ Z ~ Z U ~ Vr z 0 ~ ~ ~ ~' ~, q = ~ a¢ c p o rG 14z z a- ~p ~ to 14 ~- vi W D f9> rc US POSTAGE $ 01.05 t, (~ _ / 1' ~'r ~~~ ~,9~ M O t` y ~" ~ 3~~ :V c~ . d: ~: ~~,~ ~, 1,~~,,1 a ~ hrl 00 ~ ~ p n_ - .. ~ .~ s _d~~ c. ^ agent X ^ nddreeeee D. Is deNve dMlennt from Item 1? ^ Yes If YES, enter delivery address bebw: ^ No tjrrtk EXHIBIT "B" u.s. ~csTa,L sEnv~cE CEFtTtpfcA"TE OF IuIAt~ING MAY 8E USEO FOR DOMESTIC ANO tNTERNATiONAL tArt_ DOE5 N07 FACVIDE FCR 145URANCE- Received From: THREE GREENTREE CTR. --,p.G, Ei~X-974 MARLTON N.J. 08053-0974 One mere of orainary mail aadressed to: Commonwealth of Pennsylvanian Department of Welfare 333 Health and Welfare Bu~ldin~~' Harrisburg, PA 17105 1~`,'. FS Form 3$17, January 21701 v !~3 N d ~ ~ •~ s o O ~ ...~,, , o .- . u' ' ~ w ~~ ~ ~ a ;; ~~ i °;,~ rJ.S. PGSTAI SERVICE C~ATIPtcare of MatL~HG ;,~qY BE USED FOR DOME5TiC AN6 INTERNATIONAL MAIL DOES NO7 ?ACVlDErCR INSURANCE- Rr;caiv¢dFrom: THREE GREENTREE CTR. S MARLTON N.J. 08053-0974 ; N ~ ~~~~ On¢ piere of otctinary mail addressed to: - _ ~ ~„ a Cumberland County Tax Claim $~ireau ? `. ~ ~ ° 3 Old Courthouse /.~ ,' flf~ o ~ u, 1 Courthouse Square ~ ~' ~~ `~,~, w © o Carlisle, PA 17013 ~ ` ~ -=,' '~ n ~ ~rn _- PS Form 3$17, January 2QOt m . ~• U.S. PCSTAL SERVICE GERT1FiGATE OF MAILING ~r, ,~ ShAY 8E USED PCR DOMESTIC AND INTERNATIONAL !APiI_ DCE5 NOT ~ k~": PRCVlDE r=4R INSURANCE- RecetvedFrom. THREE GREENTREE CTR. ,,~,~ E~.C1.~ 974. .~~::~. ~.,. ~~ I MARLTON N.J. 08053-0974 ~ -~ ~ C~tJN hJ ~p ~ One piece of ordinary mail addressed to: ~ a ' ~ ~~ a U~ ° 3 _ - Wormleysburg Borough ~, o William O'Donnell, Tax CollectQ:;; ° ; ° , PO Box 200 1 . :~ ` ~ , i Wormleysburg, PA 17043 ~' < ~ :~ ,~ "~ i t~ ~n ?S Form 3817, January 2001 U.S. POSTAL SERVICE CERTIPIGATE OF MAILING r,AAY 8E USED rOR DOMESTIC AND INTERNATIONAL tAAlt_ DOES .NOT `~ ~ROYlDE PCR INSURANCE- ,; ReceivedFrdm: THREE GREENTREE CTR. i p,A., Bi1X..G74 ... 1~ ~ MARLTON N.J. 08053-0974 al,,z,~~ ~~ I One ~iere of ordinary matt aadressed to: ~ "~ ~ ~ ~ o West Shore School District ~ ~ ,/ Tax Coliec `T' ~ ~' Lower Allen Township ~ ( ~~ ~- 1993 Hummel Avenue ~,. ,~ Camp Hill, PA 17011 ~G~ w ~ ti I ''1~, ~=~,~ O~ ?S Form 3tsl 7, January 2001 U.S. PCSTAL SERVICE GERTIPIGATE OF MAILING r~AAY 8E USED rOR OOME371C AND INTERNATIONAL MAtf_ UCES NOT ?ACVIDEFORIN5URANCE- Re4eivgq From: THREE GREENTREE CTR. MARLTON N.J. 08053-0974 _~ -~ # One aiero nt nrctintw mart a,x.ae~a.r .,,• D 61 d ~ _~ _~ ; p N ~-t Cumberland CountyDomestic Relations-'s ~---~~~ ~ ~ ~.~ _ 13 North Hanover Street ,~`~' r~ s ~ ~ Carlisle, PA 17013 ~~ -~?~ ~' t p' o ~ ~ ~ `' _ ~ ~ i, ~ Rt ?S Form 3817, January 2001 _---~ . ~' J.S. FCSTAl, SEFivICE CBRTIPlCATE OF MAILING '~tAY BE USElI,rOR OOhiE3TtC AND iNTERNATIONAI .'+tAH., DOES N07 ~ ,,°ROVtDE r'OR .':45i1RANCE- ~ ,,,. . ReCetved From: ~ ~ ~ ~ ~ CO THREE GREENTREE CTR, o Q (1 R(lY 07A ~ o ~ o I u_No MARLTON N.J. 08053-0974 .a ~ r ~~~~ One oie~ ~ r" 4 Borough of Wormleysbur :; _ 20 M k ~ t'' ~ ~~~~ ar et Street V - Wormleysburg, PA 1704 ~ :' ,''~ % PS i'orm 3817. January 2001 t1.s. PC}STAL SEFIVtGE CERTIFICATE QF MAtt MAY RE USED FOR DOMESTIC DNA tNTEF1NnTtONAL Matt„ DOES NC RRUVtDE FUR INSURANCE-t'OSTMAS7ER Received From: PARKER MCCAY P.A. THREE GREENTREE CTR. ?001 LfNCOLN DRIVE WEST MARLTON .N.J. 08053-0974 Ore ptere of ordinary mni! addressed 10: ~.~ y _ MorEquity, In ::- ~ ~~ ~. ~_ 600 N. Royal Av c Evansville, IN 477~~~ta. F'S Forrn 3817, January 2041 u.s. PCSTAI sERviCi= CBRTIFlGAT6 QF MAILING FQ YDE FOR INSURRANCE- C AND INTERNA710NA1 biP.t4 vUE5 NOT ~~~ From THREE GREENTREE CTR. i Pry, BMX. Q?~ I MARLT4N N.J. 08053-0974 One piece nt orainary rtes aadressed to: The Pennsylvania Ho 'si~g U1 ° Iam~S and (~ ~ 4 !al n nn1 y +~ a o ° j #tg, ` o o ° E o t~n ti o 1 Q .a CQr (V ~ C r •.~ ~ ~ Q O Q, ~ tf) ~ o a ~~ o ti~ ti N Q ~~a ~- o ~.: Finance Agency ~ ~ ~> 211 1~1. Front Stre .` , = ; Harrisburg, PA 17105'; ; - --'' ~ -,'V . PS ~orrn 3817, January 2001 `"v- Morequity Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Donald M. Witters and Kathy M. Witters Writ No. 2007-4706 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on December 06, 2007 at 1920 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: Donald M. Witters and Kathy M. Witters, by making known unto Kathy Witters, personally and adult in charge for Donald M. Witters at 8 Poplar Street, Wormleysburg, Cumberland County, Pennsylvania and its contents and at the same time handing to her personally the said true and correct copies of the same. Tim Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2008 at 1005 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 Donald M. Witters and Kathy M. Witters located at 8 Poplar Street, Wormleysburg, 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: Donald M. Witters and Kathy M. Witters by regular mail to their last known address of 8 Poplar Street, Wormleysburg, PA 17043. These letters were mailed under the date of January 08, 2008 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Argentieri. Sheriffs Costs: Docketing 30.00 Poundage 17.78 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Mileage 28.80 Law Library .50 Prothonotary 2.00 Surcharge 30.00 Postpone Sale 20.00 Share of Bills 16.17 Law Journal 355.00 Patriot News 361.67 $ 906.92 ~ -31~V~oa So Answers: R. Thomas Kline, Sheriff BY ' ~' Real Estate rgeant ~~ .~~.so C l~ `3ao I a PARKER MCCAY, PA By: Emmanuel J. Argentieri, Esquire Identification No. 59264 Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 596-8900 MOREQUITY, INC. COURT OF COMMON PLEAS 600 N. Royal Avenue Evansville, IN 47715 CUMBERLAND COUNTY Plaintiff No. 2007-4706 v. DONALD M. WITTERS and KATHY M. WITTERS 8 Poplar Street Wormleysburg, PA 17043 Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 The MorEquity, Inc., Plaintiff in the above-captioned action, comes by its attorney and sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property known as 8 Poplar Street, Wormleysburg, PA 17043 (see property description attached). 1) Name and address of Owners or Reputed Owners: Name Address (if address cannot be reasonably ascertained, please so indicate) (a) Donald M. Witters. (a) 8 Poplar Street Wormleysburg, PA 17043 (b) Kathy M. Witters. (b) 8 Poplar Street Wormleysburg, PA 17043 2) Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) (a) Donald M. Witters. (a) 8 Poplar Street Wormleysburg, PA 17043 (b) Kathy M. Witters. (b) 8 Poplar Street Wormleysburg, PA 17043 3) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: (a) Borough of Wormleysburg (a) 20 Market Street Wormleysburg, PA 17043 4) Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) (a) MorEquity, Inc. (a) 600 N. Royal Ave. Evansville, IN 47715 (b) The Pennsylvania Housing (b) 211 N. Front Street Finance Agency Harrisburg, PA 17105 5) Name and address of every other person who has any record lien on the property: 6) Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: NONE 2 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: Name (a) Wormleysburg Borough (b) West Shore School District (c) Cumberland County Domestic Relations Address (if address cannot be reasonably ascertained, please so indicate) (a) William O'Donnell, Tax Collector PO Box 200 Wormleysburg, PA 17043 (b) Lower Allen Township Tax Collector 1993 Hummel Avenue Camp Hill, PA 17011 (c) 13 North Hanover Street Carlisle, PA 17013 (d) Commonwealth of Pennsylvania Department of Welfare (e) Cumberland County Tax Claim Bureau (d) 333 Health and Welfare Building Harrisburg, PA 17105 (e) Old Courthouse 1 Courthouse Square Carlisle, PA 17013 I verify that I am the attorney for the Plaintiff, MorEquity, Inc., in this action; that I am authorized to take this Verification on their behalf; and that the statements made in this Verification are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of/1~ Pa. C.S. Section 4909 relating to unsworn falsification to authorities. J. AEI`I~/Rla ESQUIRE ainti , Mo quity, Inc. Sworn to and subscribed to before me this 19~' day of November, 2007 A PUBL C A NOTARYHPUBL C OF NEIW JERSEY MY COMMISSION EXPIRES MARCH 2, 2010 3 f PARKER MCCAY, PA By: Emmanuel J. Argentieri, Esquire Identification No. 59264 Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 596-8900 MOREQUITY, INC. COURT OF COMMON PLEAS 600 N. Royal Avenue Evansville, IN 47715 CUMBERLAND COUNTY Plaintiff No. 06-7076 v. DONALD M. WITTERS and KATHY M. WITTERS 8 Poplar Street Wormleysburg, PA 17043 Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: DONALD M. WITTERS 8 Poplar Street Wormleysburg, PA 17043 and. K~~y N~ ~ v~/, ~-~rS Your real estate located at 8 Poplar Street, Wormleysburg, PA 17043 is scheduled to be sold at Sheriffs sale on March 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the presently outstanding court judgment of $58,568.15, plus interest and costs, obtained by MorEquity, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1) This sale will be canceled if you pay the judgment to Emmanuel J. Argentieri, Esquire, Three Greentree Centre, 7001 Lincoln Drive, PO Box 974. Marlton, NJ 08053. To find out how much you must pay, you may call (856) 596-8900. 2) You may be able to stop the sale by filing a petition asking the court to strike or open the judgment, if the judgment was improperly entered. You may also ask the court to postpone the sale for good cause. 3) You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1) If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriffs Office Real Estate Division at 1(888) 697-0371 x 6390 or Emmanuel J. Argentieri, Esquire, at (856) 596-8900. 2) You may be able to petition the court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3) The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Sheriffs Office Real Estate Division at 1(888) 697-0371 x 6390 or Emmanuel J. Argentieri, Esquire, at (856) 596-8900. 4) If the amount due from the buyer is not paid to the ~heriff, you will remain the owner of the property as if the sale never happened. 2 5) You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, '.the buyer may bring legal proceedings to evict you. 6) You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on the 30th day after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days of the preparation of the schedule of distribution. 7) You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 3 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Wormleysburg, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Poplar Street on the line running through the center of the partition wall between properties Nos. 6 and 8 Poplar Street, said point being ninety-nine and thirty-two one-hundredths (99.32) feet measured westwardly along the northern line of Poplar Street from the northwest corner of Poplar Street and Front Street; thence in a northernly direction through the center of said partition wall and beyond one hundred sixteen (116) feet to property now or late of William F. Martin; thence in a westerly direction along said property now or late of William F. Martin seventeen and sixty--three one-hundredths (17.63) feet to a point at a corner of lands of Charles D. Brown, being property No. 10 Poplar Street; thence in a southerly direction along the line of said last mentioned property and through the center of the partition wall between properties Nos. 8 and 10 Poplar Street one hundred sixteen (116) feet to Poplar Street; thence in an easterly direction along the northern line of Poplar Street seventeen and sixty-three one-hundredths (17.63) feet to the point or place of Beginning., HAVING THEREON erected a three story frame dwelling house known as No. 8 Poplar Street, Wormleysburg, Pennsylvania; Subject to all easements, right-of--way, restrictions and covenants of record. Commonly known as 8 Poplar Street, Wormleysburg, PA 17043 Parcel #47-20-1858-184 , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-4706 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MOREQUITY, INC., Plaintiff (s) From DONALD M. WITTERS and KATHY M. WITTERS (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 gamishee(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 $58,568.15 L.L.$ 0.50 Interest from 10/27/07 until Date of Sale of 3/7/08 -- $2,244.00 Atty's Comm % Due Prothy $2.00 Atty Paid $178.94 Other Costs Plaintiff Paid Date: 11/28/07 (Seal) S Protho tary By. r~,_ Deputy "~ REQUESTING PARTY: Name EMMANUEL J. ARGENTIERI, ESQUIRE Address: PARKER MCCAY PA THREE GREENTREE CENTRE 7001 LINCOLN DRIVE PO BOX 974 MARLTON, NJ 08053 Attorney for: PLAINTIFF Telephone: 856-596-8900 Supreme Court ID No. 59264 Real Estate Sale #71 On November 30, 2007 the Sheriff levied upon the defendant's interest in the real property situated in ~ormleysburg Borough, Cumberland County, PA ,, i~iown and numbered as 8 Poplar Street, ~Vormleysburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 30, 2007 By: Real Estat Sergeant ~~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL. (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Laver Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and sa~s 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 o~the said Cumberland Law Journal on the following dates, viz: January 25, February 1 and February 8, 2008 j 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 allegatidns in the foregoing statements as to time, place and character of publication are true. Co}tne, SWOl'O AND SUBSCRIBED before me this 8 day of Februa~ry, 2008 _ Notary N~TARIAL SEAL DEB0~2AFi A COLUNS N tory Public CARUSIE BOR~ CUMBERLAND COUNN My Commiul n Expires Apr 28, 2010 REAL L~7'ATL BALL IIO. 71 Writ No. 2007-4706 Civil Morequity, Inc. vs. Donald M. Witters and Kathy M. Witters Atty.: Emmanuel Argentieri DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of W~rnnlny~- burg, County of Cumberland aad State of Pennsylvania, beItsg a3o~ particularly bounded and descxibed as ~llxnv~s, to wit: BEGINNING at a point on the northern line of Poplar Street on the line running through the center of the partition wall between properties Nos. 6 and 8 Poplar Street, said point being ninety-nine andthirty-two one- hundredths (99.32) feet measured westwardly along the northern line of Poplar Street from the northwest cor- ner of Poplar Street and Front Street; thence in a northernly direction through the center of said partition wall and beyond one hundred sixteen (116) feet to property now or late of William F. Martin; thence in a west- erlydirection along said property now or late of William P. Martin seventeen and sixty-three one-hundredths (17.63) feet to a point at a corner of lands of Charles D. Brown, being property No 10 Poplar Street; thence in a southerly direction along the line of said last mentioned property and through the center of the partition wall between properties Nos. 8 and 10 Poplar Street one hundred sixteen (116) feet to Poplar Street; thence in an easterly direction along the northern line of Poplar Street seven- teen and sixty-three one-hundredths (17.63) feet to the point or place of Beginning. HAVING THEREON erected a three story frame dwelling house known as No. 8 Poplar Street, Worm- leysburg, Pennsylvania; Subject to all easements, right- of-way, restrictions and covenants of record. Commonly known as 8 Poplar Street, Wormleysburg, PA 17043. Parcel #47-20-1858-184. he Patriot-News Co. - 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~he~llaxtriot-News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 t© 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/30/08 K 008 A.D. Notary PUbIIC 02/06108 02/13108 COMMONWEALTH OF PENNSYLVANIA NoNa~+t Seal Shsnie l.. IGa~r, ~lokary Public CMy d Hamsburq !~r~uphin County My Oommt '~:.acp,~ ~ Nov. 26, 2011 NNm6er, P~nrnylvAnla AsaoGatlon of Nouries REAL. EgfATE SALE N0.71 wry yo. ~oarr-tea c~ Twin x ~ vs Donald M. Witlsra and Kathy M.VYlttees Attorney Enenatreuel Argentleri DESCRIP f10N AIL THAT Cf?ltLAD+i lot of land situate in the Borough of Wormleysburg, County ~of t~rmbedaod and Store of )(~asyhania, being more particularly banded ao<l descnbed as follows, m wiG BEGllVNiNG at a point on the northern line of Poplar-seat on the line r~oiog ihroagh the Dearer of the partition eau betwe6a propatirx Nos. 6 and 8 PopLr Stet. said poem being ni~y-nine and tlfvty-tvro o~huodceAhs (99.32) feu measrnrd westwatfuy alaag the northern line of Poplar Sheet fiom the nollhwest corns of Poplar Strut and Froet Street; thence in a noithanly diraxioa through dre of said partition wati and beyond oa hmxhed sixteen (118) felt m property now of hrte of w;viam F. Martin; thoor in a wes~ly diraxion along said property now a lie ~' oVilliam P. Mania sew and saty-throe ohs (l7.ti3) feet, to xpoiot at a cans of loads of Charles D. $rtran, being property No.10 Poplar Sheer thence i4 a saAhdly duociion along the line of saki last motioned proputy and ~roagh the of the pmtition wall between propatirs Nos. B and 10 Poplar Street one h siao0ear (1161,fat to Poplar Sneer tlrmce in ac caRerly d'eedlae the naithem live of Ptipi'ir Street ses~etata and aixty~ee one-hmrLed~s (17.63) feat b dte poim or place of Begiomng. HAVBVG TE>P1tE0N crested a throe story fia;ne da~rtg Loose lmoera as No. 8 Poplar SL-~ Sa6iect w all oasanbds, aght-0f--way r,ctions and oovenaois of record Commonly lmawn as 8 Poplar surd, wormkysburg, PA 17043 Parcel 1t47-241858-184 PARKER MCC Y P.A. By: Emmanuel J. rgentieri, Esquire Attorney ID# 59 64 Three Greentree entre 7001 Lincoln Dri e West, P.O. Box 974 Marlton, NJ 0805 (856)596-8900 Attorney for Plai tiff, MorEquity, Inc. MorEquity, In . 600 N. Royal enue Evansville, IN 7715 Vs. Donald M. Witt rs and Kathy M. Witte s 8 Poplar Street Wormleysburg, PA 17043 COURT OF COMMON PLEAS CUMBERLAND COUNTY AUGUST TERM, 2007 No.: 2007-4706 CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE TO SETTLE, DISCONTINUE AND SATISFY TO THE PR Please and dismissed. Dated: ARY OF CUMBERLAND COUNTY: Plaintiffs Complaint in Mortgage Foreclosure and mark same satisfied By: PARKE~,MCCAY, PA Attorney for/Plaintiff ~` ~" rn '_ ~~`°.` ~" ~.- ~ N