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HomeMy WebLinkAbout07-6062PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 108580 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 Plaintiff V. MARK E. YOHE JENNIFER R. YOHE 331 STEELSTOWN ROAD NEWVILLE, PA 17241 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 07 - (vt)(oo1 Civi l `team CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 108580 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 108580 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 108580 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 108580 I . Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: MARK E. YOHE JENNIFER R. YOHE 331 STEELSTOWN ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/27/2002 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1775, Page: 487. A copy of the Mortgage is attached as Exhibit "A". 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 108580 6. The following amounts are due on the mortgage: Principal Balance $159,367.49 Interest $9,508.08 11/0 1 /2006 through 10/ 12/2007 (Per Diem $27.48) Attorney's Fees $1,325.00 Cumulative Late Charges $1,849.61 09/27/2002 to 10/12/2007 Cost of Suit and Title Search $750.00 Subtotal $172,800.18 Escrow Credit $0.00 Deficit $3,798.85 Subtotal $3,798.85 TOTAL $176,599.03 7 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 108580 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 11. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s) MARK E. & JENNIFER R. YOHE. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $176,599.03, together with interest from 10/12/2007 at the rate of $27.48 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCH IEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 108580 ?vv v+. ?M: ?+ rsu GOQZab 1122 Prepared By: Corinne Williams Parcel Number: ,12 3tiP 30 P? 2 2? Return To: sovereign Bank MC5 10-421-CA3 525 Lancaster Avenue, Suite 300 Reading, PA 19611 (Space Above This Line For Reearding Data) AP# YOM7-57789 MORTGAGE LN# 017-6654941 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated September 27, 2002 together with all Riders to this document (B) "Borrower" IS MARK E. YOHE and JafiIIFER R. YOM Borrower is the mortgagor under this security instrument, (C) "Lender" is Sovereign Batik Leader is a Federal Savings Hank YOHM7--57789 017-6654941 PENNSYLVANIA - Single Family - Rmnla MaWMMeddle Mac UNIFORM INS 7WMEM (CkG(PA) boon) Faye 1 of is MW Demo 1040 DJdj4j- VMP MORTGAGE FORMS - MM521-T ? 7 Form 3039 1101 1111111111111111 12002/036 Y, 0117701.87 -,--I I--- - - 09/10/Z007 MON 16:37 FAX 4842481122 ®003/036 organized and existing under the laws of the United States of America Lender's address is 1130 Berkshire Boulevard, Wyamissing, PA 19610 Lender is the mortgagee under this Security Instrument. (D) "Note' means the promissory note signed by Borrower and dated September 27, 2002 The Note states that Borrower owes Lender fine lltmdned Sixty Fa z Thousand Tmo Hundzed and no/100 Dollars (U.S. $164,200.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than October 1, 2032 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "hiders" means al] Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable]: ? Adjustable Rate Rider ? Condominium Rider 0 Second Home Rider 0 Balloon Rider Planned Unit Development Rider 0 1-4 Family Rider 0 VA Rider 0 Biweekly Payment Rider Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer. or magnetic tape so as to order. Instruct, or authorize a financial institution to debit or credit an account, Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. W damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for 0) principal and interest under the Note, plus (u) any amounts under Section 3 of this Security Lutrument. YCM17-57789 017-6654941 IN11N 40.8(PA) 1-91 Pepe 2 of 16 Form 3039 1101 BK1775iu0q 88 t?? Vy11U/ZVV7 MON 14:37 FAX 4842481122 (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might he amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument. "RESPA" refers to all requirements and restrictions dim are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note: and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose. Borrower does hereby mortgage, grant and convey to Lender the following described property located in the Cortnty frype of Recording Jurisdiction) Of Cu berland (Name of Reca ft Jurtsdkdool: SEE ATI*ACHED LEGAL DFSC RIPTICN which currently has the address of LOT 1 SI'EELSIt7AI ROAD IS(Mdl NEKV= ICityl , Pennsylvania 17241 i21p Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument, All of the foregoing is referred to in this Security Instrument as the "Property." Yt]M7-57789 017-6654941 Wi -6?v Q-a(PA) 100014 P.O. 3 of 15 Form 3039 1101 (©004/036 U9/10/2007 HON 16:38 FAX 4842481122 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real properly. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other Instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Leader when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions In Section 15. Lender may return any payment or partial payment if the payment or partial payments are Insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Leader shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note: (b) principal due under the Note; (c) amounts due under Section 3. Such payments shalt be applied to each Periodic Payment in the order in which It became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a suf dent amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment Is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can he YCM17-57769 017-6654941 -O(PA) pw) P.S. a d to R,1715pc Un490 Faun 3039 1/01 4005/03f V7/IV /LUVI mvp 14: 4u FAR 4842481122 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note Is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Leader requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Leader may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation. Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are Insured by a federal agency, instrumentality, or entity (including Leader, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest YdFIE17-57789 017-6654941 -9W ti(PA) MOB) a.9. 6d r6 Form 3039 1101 OKI775PGO49I ZOOS /035 ...._____I- -- 09/10/2007 MON 14:38 FAX 4842481122 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of funds held in escrow, as defined under RESPA, Lender shalt notify Borrower as required by RESPA, and Be- shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded: or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given. Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by tire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may requite Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. YCRE17-57789 017-6654941 4D-6(PA) loaae) a,q? a or ie Form 3039 1101 0007/036 69 1775PG0492 09/10/ZU07 KON 14:36 FAX 4642461122 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All Insurance policies required by Lender and renewals of sub policies shall be subject to Lender's tight to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree In writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to bold such insurance proceeds until Lender has had an opportunity to inspect sucb Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds. Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in section 2. 0 Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond witwn 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice Is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds In an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. YOHE17-57789 07.7-6654941 -G(PA) MOM pogo 7 M 16 -t5q- Fonn 3038 1101 BR 1775PU0493 ®006/036 .,s , 09/1012007 NON 16:38 FAX 4842481122 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintmance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it Is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property. Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If It has reasonable cause. Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an Interior inspection specifying such reasonable cause. S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lendcr's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's Interest in the Property and rights under this Security Instrument, Including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums seam by a lien which has priority over this Security Instrument (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doom and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. YCM7-57789 017-6654943, V(PA) (Dace) F-.p 8 of 16 OKI775PGO494 ism. Form 3039 1/01 'dj009/036 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee tide to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan. Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effecL Lender will accept, use and retain these payments as a non-refundable loss reserve In Ilea of Mortgage Insurance. Such loss reserve shall be non-refimdable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available. Is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Instaance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non•refandable loss reserve. until Lender's requirement for Mortgage insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required try Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note, Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or patties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may Include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another Insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or redudrtg losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increaso the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. YOM7-57789 017-6654941 a, -6^) 0.1 pope 0 or 15 FOrnr 3039 1/01 ON 1775POO495 Qj010/035 e? 09/10/2007 HON 14:39 FAX 4842481122 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to rece(ve'a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or In a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to he paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss In value of the Property in which the fair market value of the Property immediately before the partial taking," destruction, or loss in value is less than the amount of the saws secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be YCfiM7-57789 017-6654941 S(PA) M.) Peps mo of i a 6K 1775PG10496 Mar 4k Form 3039 1/01 ®011/036 C ';rte„'?JCJ 09/10/2007 MON 14:39 FAX 4842481122 dismissed with a rutinp that, in Lender's judgment, precludes forfeiture of the Properly or other material impairment of Lender s interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for In Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the orlginal Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the suns secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security InstrumeaL Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender any charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If it refund reduces principal, the reduction will be treated as a ppartial prepayment without any prepayment charge (whether or not a prepayment charge is provided fir under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices, All notices given by Borrower or Lender in connection with this Securityy Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to YOEM7-57769 017-6654941 IN ,V (PA) (Dons) Pago 11 of to IgNr Form 3039 1101 BK 1775Pr0497 U0?.2/036 .... __.--i - 09/10/2007 HON 14:39 PAX 6842681122 0013/036 have been given to Borrower when mailed by First class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's chauge of address. If Lender specifics a procedure for reporting Borrower's change of address, they Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address order this Seaufty Lrstrumem at any one time. Any notice to Lender shaIl be given by delivering it or by meriting it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any nonce required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security brstrumem. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument 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. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17, Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed. contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or t ansferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower 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. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions. Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before We of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (e) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower; (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or YCM7-57789 017-6654941 -6(PA) P w Pager 12 of 16 BK 1 775- PG0498 I?? Form 3039 1101 R?Z 09110/z007 MON 14:39 FAX 4842481122 agreements: (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrtunent: and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay sad reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order: (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred, however, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result In a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan SmT!cer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which mast elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall he deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials: (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. YONE17`57789 017-6654941 9(PA) (00097 Vag. 13 t 16 FOttn 3038 1101 6KI775PG0499 21014/036 i i 09/10/2007 MON 14:39 FAX 4842481122 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Pro perty The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified any governmental or regulatorZ f authority, or any private party, that an y 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. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies, Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the dofault; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any tither defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Leader at its option may require immediate payment in full of all sums secured by this Semwity instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not Invited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence. Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third patty for services rendered and the charging of the fee is permitted under Applicable Law. 24. waivers, Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security instrument. 26, Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortrtg?age. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from that to time under the Note. YaM7-57789 017-6654941 y 8(PA) owe) aayo,a vie Mw?\% Form 3039 1101 BK 1775FG0500 ®015/036 09/10/Z007 HON 14:39 FAX 4842481122 BY SIGNING BELOW, Borrower accep(s and agrees to the terms and covenants contained in this Security Instrument and In any Rider executed by Borrower and recorded with it. Witnesses: _ (Seel) -Borrower 04411 / (Sean MARK E. YOIIE -Borrower (Seal) R. YCHLY -Borrower _ (Seal) -Bwmwer (Seal) (Seal) -Borrower -Borrower _ (Seal) (Seal) -Borrower -Borrower YOHE17-57789 017-6654941 (0-6(PA) Woe) Pops is or 16 Form 3039 1101 r BK 1775PG0501 14015/036 rT 09/10/2007 NON 14:40 FAX 4842481122 Certificate of Residence I, Corinm Williams do hereby certify that the correct address of the within-named Mortgagee is 1130 Berkshire Boulevard, Wyomusaing, PA 19610 Witness my hand this 27th day of September, 2002 Corinne Williams Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, ((? e4VYrietr?'? County W On this, the ;z ??? day of _? "Aj't' °U U before me, the undersigned officer, personally appeared MARK E. YOHE and JEWIF'ER R. YC HE known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that be/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my band and official seal. M C i i T E i uw'r•' 'Cr `,.. :: . omm ss on res: xp res: Y Wotariai Sent ?7G:tfr'•fi ? ,? eS?y y Mary M_ price. Notary Pubec r t:arliSie Bm cum tagtlatW County 207{ - y, .. My Commission Expires Aug. 18, v 40 /? 'n , 7` r+w ?' T1de or 0 YUM7-57789 017-6654941 M;") (00061 Pigs t6 cr t6 Fotm BOSS 1 /01 BK t 775PGO502 (2017/036 09/10/2007 MON 14:40 FAX 4862481122 ®018/036 SCHEDULE C ALL THOSE CERTAIN tracts of land, situate in the Township of North Newton, County of Cumberland, Pennsylvania, referred to as Lot No. 5A, more particularly bounded and described in accordance with the Final Subdivision Plan for Randy Shuman, prepared by Carl D. Bert, PLS, which Subdivision Plan has been approved by the appropriate municipal authorities and is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 67, Page 61, and Lot No.1, more particularly bounded and described in accordance with the subdivision plan for Randy S. Shuman, prepared by Eric L. Diffenbaugh, PLS, which subdivision plan has been approved by the appropriate municipal authorities and is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 82, Page 88, as follows: Lot No, 1 BEGINNING at an existing railroad spike along centerline of SR 4006, also known as Steelstown Road, and lands now or formerly if Irvin M. Shaffer; thence along lands of Shaffer, North 28 degrees 43 minutes 30 seconds East, 643.66 feet to and existing iron pin at corner of lands now or fonnerly of Randy S. Shuman; thence along lands of Shuman, South 87 degrees 14 minutes 47 seconds East, 317.73 feet to a set concrete monument at common corner of Lot No. 3A and the within described lot, thence along Lot No. 3A, South 01 degree 09 minutes 58 seconds East, 326.03 feet to a set iron pin at comer of lands now or formerly of Charles A. Barone; thence along lands of Barone, South 88 degrees 15 minutes 16 seconds West, 339.59 feet to an existing iron pin at comer of lands now or formerly of John P. leach; thence along lands of Leach. South 01 degree 04 minutes 22 seconds East, 200.73 feet to an existing railroad spike along centerline of SR 4006, also known as Steelstown Road; thence along centerline of SR 4006, South 87 degrees 39 minutes 18 seconds West, 297.91 feet to an existing railroad spike. the place of BEGINNING. CONTAINING a total area of 4.3687 acres more or less. UNDER AND SUBJECT to dedicated right-of way, building setback lines, drainage easement, erosion and sedimentation control measures, and other notations and limitations as set forth on the above referred to subdivision plans. ALSO UNDER AND SUBJECT to the following building and use restrictions which shall be covenants running with the land and which shall be binding upon the Grantees and their heirs, successors and assigns and which shall apply to and only to the within conveyed lots: 1. No structures shall be erected hereon other than one single family dwelling, together with a horse barn and/or garage. 2. No livestock or poultry of any kind shall be kept on this lot, except household pets which are housed in the principal dwelling house and no more than two horses. 3. No trailer, mobile home or double wide mobile home, or similar structure may be located on this lot, temporarily or permanently, for any use whatsoever. Notwithstanding the foregoing, modular homes shall be permitted. 4. No tent, shack, garage, barn or structure of a temporary character shall be erected or used as a residence, either temporarily or permanently. 5. No trash, junk, garbage or inoperable vehicles shall be permitted to be collected, maintained or stored on a lot. 6, Until construction begins, a sod covering shall be maintained, regularly cut, and proper erosion control established and maintained afterward. 7. No building shall be constructed or altered until the building plans and specifications and on-site plan showing the building location have been submitted to the Grantor (or his designees) for approval as to This commitment Is Invalid unless the Insuring Provisions and Schedule A and B are Attached, Schedule S-Section 2-Page 5-Commitment No. =0.1 BK 1775PG0503 09/1012007 HON 14t40 FAX 4842481122 size, style of architecture and material to be used. Grantor's review shall be based in part on the conformity of the proposed building with the size and style of existing buildings in the area, the general character of the area and commonly accepted building standards and practices. a. Dwellings shall have living space (excluding basement, crawl space, attic and garage areas) of not less than 1100 square feet. b. Exterior construction shall be of stone, trick, random rock, wood, aluminum or vinyl siding. No concrete block shall be visible above ground. c. Approval or disapproval will be given within thirty (30) days from the date of submission of complete plans and specifications. In the event that the Grantor (or his designee) shall not have approval or disapproval of the plans within thirty (30) days after their submission or if no suit to enjoin the construction or alteration has been commenced prior to the completion thereof, such approval will be deemed to have been given and this covenant compiled with. 8. Grantor may but is not obligated to impose these or similar restrictions upon other lots owned by Grantor. l Z1 In C'umhcrla-nd iy 1 Recorder oi'Decds Z015/036 This commitment Is invalid unless the Insuring Provisions and Schedule A and 8 are Attached. nr S'; z. '' Schedule B-Section 2-Page &Commitment No. 2820.1 BK 17 7 5 PG 0 5 0 4 1 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, situate in the Township of North Newton (incorrectly referred to as the Township of North Middleton in prior Deed), County of Cumberland, Pennsylvania, referred to as Lot No. 1, more particularly bounded and described in accordance with a subdivision plan for Randy S. Shuman, prepared by Eric L. Diffenbaugh, PLS, which subdivision plan has been approved by the appropriate municipal authorities and is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 82, Page 18, as follows: BEGINNING at an existing railroad spike along centerline of SR 4006, also known as Steelstown Road, and lands now or formerly of Irvin M. Shaffer; thence along lands of Shaffer, North 28 degrees 43 minutes 30 seconds East, 643.66 feet to an existing iron pin at corner of lands now or formerly of Randy S. Shuman; thence along lands of Shuman, South 87 degrees 14 minutes 47 seconds East, 317.73 feet to a set concrete monument at common corner of Lot No. 3A and the within described lot; thence along Lot No. 3A, South 01 degree 09 minutes 58 seconds East, 326.03 feet to a set iron pin at corner of lands now or formerly of Charles A. Barone; thence along lands of Barone, South 88 degrees 15 minutes 16 seconds West, 339.59 feet to an existing iron pin at corner of lands now or formerly of John P. Leach; thence along lands of Leach, South 01 degree 04 minutes 22 seconds East, 200.73 feet to an existing railroad spike along centerline of SR 4006, also known as Steelstown Road; thence along centerline of SR 4006, South 87 degrees 39 minutes 18 seconds West, 297.91 feet to an existing railroad spike, the Place of BEGINNING. File #: 108580 CONTAINING a total area of 4.3887 acres more or less. This Deed is made without consideration for the sole purpose of correcting an error in the description of the property and is therefore tax exempt. BEING the same premises which Randy S. Shuman and Jill M. Shuman, by Deed dated January 12, 2001 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 238, Page 102, granted and conveyed unto David. W. Ketner and Mona S. Ketner (trading as D.W. Ketner Enterprises), Grantors herein. PARCEL NO: 30-07-0485-044. PROPERTY BEING: LOT 1 STEELSTOWN ROAD File #: 108580 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 6 lA 07 c <rl . p 1 F?7 ' D cry !: ?1 10 w PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 SOVEREIGN BANK Plaintiff Vs. MARK E. YOHE JENNIFER R. YOHE Defendants COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County No. 07-6062-CIVIL TE PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: October 22, 2007 PHELAN HALLIN & SCHMIEG, LLP By: n.-?. FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jcs, Svc Dept. File# 108580 S f v1 +..? j. PHELAN HALLINAN & SCHMIEG, L.L.P. Byz DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. MARK E. YOHE 48 FRY ROAD NEWVILLE, PA 17241 JENNIFER R. YOHE 16 CARLTON AVENUE CARLISLE, PA 17013 CIVIL DIVISION NO. 07-6062-CIVIL TERM Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MARK E. YOHE and JENNIFER R. YOHE, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/13/07 to 12/4/07 TOTAL $176,599.03 $1,456.44 $178,055.47 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQUIkLV Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 2 AliS / P, , , O PROTHY 108580 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION NO. 07-6062-CIVIL TERM MARK E. YOHE JENNIFER R. YOHE Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MARK E. YOHE is over 18 years of age and resides at, 48 FRY ROAD, NEWVILLE, PA 17241. (c) that defendant JENNIFER R. YOHE is over 18 years of age, and resides at, 16 CARLTON AVENUE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQ IRE Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563_7000 SOVEREIGN BANK : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY MARK E. YORE JENNIFER R. YOHE :NO. 07-6062 CIVIL TERM Defendants TO: JENNIFER R. YORE !' 1 r 16 CARLTON AVENUE ' CARLISLE, PA 17013 DATE OF NOTICE: NOVEMBER 14, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 CUMBERLAND COUN'T'Y BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff' PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF ' Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 SOVEREIGN BANK Plaintiff : COURT OF COMMON PLEAS Vs. MARK E. YORE JENNIFER R. YORE Defendants TO: MARK E. YORE 48 FRY ROAD NEWVILLE, PA 17241 DATE OF NOTICE: NOVEMBER 14,, 007 : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 07-6062 CIVIL TERM r THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 q-n-?' 5-" 11jit" FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff C"3 C4 y? (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK Plaintiff, V. MARK E. YOHE JENNIFER R. YOHE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-6062-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on c 11 2007. By' Ate If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ES UIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." A$ 4 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 SOVEREIGN BANK Plaintiff, V. No. 07-6062-CIVIL TERM MARK E. YOHE JENNIFER R. YOHE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $178,055.47 Interest from 12/5/07 TO 6/11/08 $5,561.30 and Costs (per diem -$29.27) Add'1 Costs $3,129.00 TOTAL $186,745.77 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 108580 o? &OD a? o? ?a w oz 00 F„ U O? ?W N? ?U ! O W? a 0 w 0 a ?a w z 0 Y ? w? wo o? H ? O ph0 a? U a 3I ?a 0 M d n ?a a? aU w 3?z z? O a°N wU w ? '? t sQ O g © O a 71 0134 0 00 W) 00 O C-) rr 2? 0 LEGAL DESCRIPTION ALL THOSE CERTAIN Wads of WA situate in the Township of North Newton; ? at d? Pennsylwarila. referred to as Lot No. 5A, mare particularly bounded and descrioea rn o nce wan the Final Subdivision Plan for Randy Shuman, prepared by Call D. gear, PLS. Which Subdivision Plan has boon approved by fie appropriate axudcipal ewho6ties OW is recorded In the Office of the Recorder of Deeds In and forCurnberland County, Psoroylvania, In Plan Book 67, Page 6t, and Lot No.1, mane particularly bounded and desodtM in Aooo dance wdh the subdivision plan for Randy S. Shuman, prepared by Eric L D ferbaugh. PLS. which subdivision plan has been approved by fire appropriate municipal sutianlles and is recorded In the Office of ltw Recorder of Deeds in and for Cumberland County. Pennsovanla. In Plan Book 82. Page 88. as follows: Lot No. I BEGINNING at an existing railroad spike along centartlne of SR 4006, also known as Sreelstown Road, and lands now or lamerly if Irvin M. Shaffer, han00 along lards of Shaffer. North 26 degrees 43 minutes 30 seconds East, 643.66 Met to and existing kon pin at corner of lands now or foroody of Randy S. Shuman; thence doing lends of Shunw. Soutit 67 degrees 14 minutes 47 seconds Ewo, 317.73 feet to a set concrete monument at cvrnnwn comer of t.ot No. 3A and the wffhin described lot. thence along Lot No. 3A, South 01 degree 09 minutes 58 seconds East, 326-03 feet to a eat iron pin at corner of lands now or tom w dy d Charles A. Barone: bwwxo along lands of Barone, South 68 degrees 15 Minutes 15 seconds West, 33919 feel to an existing Iron pin at caner of sands now or formerly of John P. leach; thence along lands of Leach, South 01 degree 04 mir0as 22 seconds East. 200.73 feet to an existing railroad spike along centerine of SR 4006, also known as fteletown Road, thence along canto dine d SR 4006, Swth 87 degrees 39 minutes 1 S seconds Walt, 297.81 feet to an existing ralroad ochre, the plaoe of BEGINNING. CONTAINING a total area of 4.3887 acres more or lees. UNDER AND SUBJECT to dedicated rigl*af way, building setback Ones. drainage easement erosion and sedmentadan controt oxxom es, and other notations and tlrrhatlone as set forth an the above referred to sub Ivision plans. ALSO UNDER AND SUEUECT to the following building and use reslrk tuns which shall be covenants nrnnkhp with the (and and which shall be blo ft upon the Grantees and their hers, successors and assigns and which shall apply to and only to to within conveyed Ids: 1. No shtdures " be erected hereon other than one single foaotdy diveli ft together with a horse barn *"or comes. 2. No livestock or poultry of any kind shall be kept an this kit except household pets Which are housed in the principal dwelling house road no more than two horses. 3. No Nailer. mobnle hone or double wide nnobdo home. or amdar structure may be located an tiaa tot, temporarily or permanently. for any use whatsoever. Nawiltntang" the foregoing, modular homes shall be parn"ad. 4. No cent, shack. garage. barn or structure of a temporety Character shall be erected or used an a (00derica. either temponully or ply. 5. No trash. junk. garbage or inoperable vehicles shat) be permided to be collected. maintained or stoned an a (oL 6. Until consbuctiort begin,. $ sod covering shall be maintained. regularly cut, and primer erosion control established and makftined afterward. 7. No building shetl be oomstr ucted or altered until the building plans and specificallms and on-site plan shoMMg the buiktbng keetlon have been submitted to he Grantor (or his designees) for approval as to YWA COWM WMA hs VWM wdess a.e noernro P(Dvbno.a VW SOUK ft A ace a ate Asthma. 1106 d 91Se0kR 3.PON S40WRM tnu K Nip 2MI siz* a t& of aoohtteck" and molerld la be used. Grantor's review SW be based in part an the ax*wnrlty *(the proposed building with the dw and style of ods" butdkW I n'the area. the gevnerar dnprarxer of the area and karnrnonty ao"Rbff? ?tx"V standards and prow". o. Dwells ng$"have tlvghg space (excluding basament, Maw) space. antic and garage areas) of not lass Than 1100 square feet. b. ?derior oxtnnsbudlon shall be of stone. brisk. random rook. wood. ekatnhmm or vinyl siding. No C4rrorele block a hall be visible above ground. o. A Mvel or d approval will be given within thirty (30) days from the data Of submission d oanplete plat 04 speelf caborm In the event anal the C, 0rft (er this designee) s+hpN not have approval or disoppoval of the plans within hirty (30) days after their sub"tolon or if no suit b ar4oln the oonstnadon or alteration has bean Owwnanced prior lo the completion thereat. such approval will be deemed la here been given and &ft cwjud at complied with. 8. Qn1n Or may but Is not obligated to Wposs these or sknAar rostrlo gum upon other lots owned by Grantor. TITLE TO SAID PREMISES IS VESTED IN Mark E. Yohe and Jennifer R. Yohe, husband and wife, by Deed from David W. Ketner and Mona S. Ketner, (trading as D.W. Ketner Enterprises), dated 09/27/2002, recorded 09/30/2002, in Deed Book 253, page 4021, rerecorded 01/20/2004 in Deed Book 261, page 1681. PARCEL NO: 30-07-0485-044 PREMISES BEING: LOT 1 STEELSTOWN ROAD, NEWVILLE, PA 17241 SOVEREIGN BANK Plaintiff, CUMBERLAND COUNTY V. . 0 COURT OF COMMON PLEAS MARK E. YOHE JENNIFER R. YOHE CIVIL DIVISION Defendant(s). NO. 07-6062-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) SOVEREIGN BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,LOT 1 STEELSTOWN ROAD, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARK E. YOHE JENNIFER R. YOHE 48 FRY ROAD NEWVILLE, PA 17241 16 CARLTON AVENUE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA STATE EMPLOYEES CREDIT UNION 1 CREDIT UNION PLACE HARRISBURG, PA 17110 PA STATE EMPLOYEES CREDIT UNION 2215 FOREST HILLS DR., STE. 36 C/O STEVEN C. COURTNEY, ESQ. P.O. BOX 6280 HARRISBURG, PA 17112 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. MILLENNIUM BANK, N.A., NATIONAL BANK P.O. BOX 2026 FLINT, MI 48501-2026 1601 WASHINGTON PLAZA RESTON, VA 20190 5. Name and address of every other person who has any record lien on the property: A Ndme Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program LOT 1 STEELSTOWN ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 4, 2007 1), DATE DANIEL G. SCHMIEG, ESQLhRE Attorney for Plaintiff ?-? ?-? ?1' > ry..,`= ?" ..... - , _ ^?? fw ? r 4 -yy 17 i tw.) ,.? ? ?? PHELAN HALLINAN & SCHMIEG, L.L.P. $y: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK Plaintiff, V. MARK E. YOHE JENNIFER R. YOHE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-6062-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ?7 _ SOVEREIGN BANK CUMBERLAND COUNTY Plaintiff, V. No. 07-6062-CIVIL TERM MARK E. YOHE JENNIFER R. YOHE Defendant(s). December 4, 2007 TO: MARK E. YOHE JENNIFER R. YOHE 48 FRY ROAD 16 CARLTON AVENUE NEWVILLE, PA 17241 CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, LOT 1 STEELSTOWN ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $178,055.47 obtained by SOVEREIGN BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES 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 (215) 563-7000. 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 (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of 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 after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THOSE CERTAIN tracs of tend, $NOW in the T oMrtnaitlp of North NawtarL the Find Plan for Randy Shuman, prepared by Cad 0 Sort PLS. wWM - rSub*oidon Plan ' has been approved by the appropriate municipal autwitles tired b re0orcfed In the Office of the Recorder of Deeds In and forCurnbsrtarid County, Perwayita M . in Plan Book 67. Paps 61, and Lot No-1. moo parttatbrly banded and dewrbed in sooordance with to sub&Adon plan for Randy S. Shuman, prepared by Sic L. D'Vfonbaugh. PI% which subrlivisi n plan has been approved by to appropriate munk*l autiormn and Is recorded M the Office of the Recordef of Deeds in and for curnbetland County. Penrmylvanla, In Plan Book 82, Page 8k as follows: Lot No. I BEGINNING at an exla>trg rBMoad spike along CMIS kh0 of SR 40013. also known as Steelstorvm Road. and lands now at formerly if kvi n M. Shaffer, MW40 W" larch of Similar. North 28 dogmas 43 minutes 30 seconds East, 643.66 teat re and existlng Iron pin at corner of lards now or formerly of Randy & Shuman; thence along bads of ShurA L Soutl167 degrees 14 minutes 47 secotda . 317.73 feat b a set concrete monument at common comae of Lot No 3A and the w1wo 09it abed loft VWnce along Lot No. 3A, SOUth 01 degree 04 minutes 58 seconds East 326.03 feet to a eat Won pin at coarse of beds now or formedy of Charles A. Barone: thence along land= offerors. South 88 degrees 16 minutes 18 seconds west, 339-M Iest to on s4stir+g kW pin at comer of lands now or iennedy of Mw P. We* twice akxtg land$ of Leach. South 01 degree 04 minutes 22 somvk East: 200.73 feet to an exls ft railroad sppro along ceatedine of SR 4006, also known os S**Mown Road: thence along centerline of $R 4006, South 87 degrees 39 minutes 18 seconds Watt, 297.81 feet to an existing railroad tarike, the pld0e d BEGINNING. CONTAINING a total area of 4.3W7 acres more or less. UNDER AND SUBJECT to daacxled right-of way, building setback Ones. drainage easement erosion and sedlmenfadpn conk measures. and other nobdons and lnft t xw asset forth on the above referred to subdivision plans. ALSO UNDER AND SUBJECT to the foflowkv building and use reslrlcftu which strait be covenants running with the tend and which shall be bldkng talon the Grantees and their hers, suocessors and assigns and which shall apply to and a* to ft wanln conveyed kin 1. No strudures shall be erected hereon other than one single [amply d vellkig, together with a hate barn *"or garage. 2. No livestock or poultry of any kind shall be kept on this lot except household pets which are housed in the pvincipat dwepMg house and no na than two horses. 3. No War. moWe home or double wide ewbfle horns, or Antler structure may be located on life lot, Wnpom* or . for any use whatsoever . Nag the foregoing. modular homes 4. No terns shack, prage. barn or structure of a wenlporaty Character shall be erected or used as a residenc* eitier temporarfly or penranenty. S. No tras% junk garbage or inoperable vehicles shall be permitted to be collected. maintained or stored on a lot. 6. Until construction begtna. a Sod covering shall be maintained. regularly cut, and proper erosion contras estadknsd and makaeWred afterward. 7. No WldkV shell be Constructed or altered unit the build" plans and spea"Vons and on-sits plan showing who building loostia? have been submitted to the Grantor (or hie deBignees) for approval as to Yr1k 0-- b-t 12 WJM urdasa Cie YWAV PMVWQM and SO-dw A and a an Aeadhad. SdmdL% tn-ScC$bn "aW SCanunCrewlt N0. 2saU.1 s4e. style of architecture and material to be used. Grantor's review shall be based in pall on the conformity of Ure proposed building with the size and slyls of nods" buildings in:the area. the general awsacter Of the area and commonly aoogptet building standar& end peak". . less tlnernh9s shall ? vkkg apace (excluding basement crawl space, aft and garage areas) of not b. Ei*rW construction shall be of sions, brick random rock, wood, alurninum or vinyl siding. No concrete block shell be A -Aft above wound_ d- Approve' or disapproval will be glvert within thinly (30) days from the dais of aubrnlasbn o (complete plans and specifications. In the event that the OrantOr (or his deslgnas) chap not have approval or disapproval of the plans within lhkty (30) days after their submloton or if no auk to er4oln the coe014506 or alteration has boon COnxaenced prior to the Completion thereof, such approval will be deemed to have been given and &ft oovwgkn compiled with. 8. Gran but is not obligated to Impose those or similar reskWoonen upon otlrer its owned by TITLE TO SAID PREMISES IS VESTED IN Mark E. Yohe and Jennifer R. Yohe, husband and wife, by Deed from David W. Ketner and Mona S. Ketner, (trading as D.W. Ketner Enterprises), dated 09/27/2002, recorded 09/30/2002, in Deed Book 253, page 4021, rerecorded 01/20/2004 in Deed Book 261, page 1681. , PARCEL NO: 30-07-0485-044 PREMISES BEING: LOT 1 STEELSTOWN ROAD, NEWVILLE, PA 17241 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6062 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From MARK E. YOHE & JENNIFER R. YOHE (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 $178,055.47 L.L. $.50 Interest from 12/5/07 to 6/11/08 (per diem - $29.27) -- $5,561.30 Atty's Comm % Due Prothy $2.00 Atty Paid $221.84 Plaintiff Paid Date: 12/11/07 (Seal) REQUESTING PARTY: Other Costs $3,129.00 ic?? P o onotary By: Depu ' Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 SHERIFF'S RETURN - REGULAR CASE NO: 2007-06062 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS YOHE MARK E ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE YOHE JENNIFER R the DEFENDANT at 2035:00 HOURS, on the 23rd day of October , 2007 at 16 CARLTON AVENUE CARLISLE, PA 17013 JENNIFER YOHE was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge j 1)0-7w7 6.00 4.80 .00 10.00 .00 20.80 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/24/2007 By: PHELAN HALLINmepTuty'Sheriff of A. D. SHERIFF'S RETURN - REGULAR -CASE NO: 2007-06062 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS YOHE MARK E ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE YOHE MARK E the DEFENDANT at 48 FRY ROAD at 1935:00 HOURS, on the 23rd day of October , 2007 NEWVILLE, PA 17241 DEBORAH YORE. MOTHER was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments 331 STEELSTOWN ROAD IS VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge Wb7/0 7 18.00 23.04 .00 10.00 .00 51.04 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/24/2007 PHELAN HALLINAN SC I By: Deputy Sheriff of A. D. SHERIFF'S RETURN - NOT FOUND EASE NO: 2007-06062 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SOVEREIGN BANK VS YOHE MARK E ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT YOHE JENNIFER R but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , YOHE JENNIFER R 331 STEELSTOWN RD NOT FOUND , as to NEWVILLE, PA 17241 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge So answers- 6.00 .00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 10/24/2007 Sworn and Subscribed to before me this day of A. D. R. THOMAS KUNE Sheriff EDWARD L SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy To: Po aster Agency Control No-0Z - Z, C) & a . ({ Date: t o 13 3 J 0 7 Address Information Request Please furnish this agency with the new address, if available, for the following individual or verify whether the address given below is one at which mail for this individual is currently being delivered. If the following address is a post office box, please firrnish the street address as recorded on the box holder's application form Name: `/1')a.+-?? C ?ol?e. QV nA.e? L Y6 V11c Last Known Address: 3 l 1 ?C e (g-?o i?d I certify the address information for this individual is required for the performance of this agency's official duties. (Si ature of Agency Official) l ie ( ) Mail is delivered to address given. () Not Known at Address Given () Moved, Left No Forwarding Address () No Such Address Je4/) Ile, - t?. 'lobe - Ave . zuIiSae/ ?•4 /7d/3 ( ) Other (Specify) Box holders' Street Address Agency Return Address Postmark/Date Stamp rr ALT ;. Please fax results to the Cumberland County Sheriffs Office. Number (717) 240-6397 Address Information Request (Required format) Exhibit 352.44b ?mb For Post Office Use Only New Address Ile PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. CUMBERLAND County MARK E. YOHE JENNIFER R. YOHE No. 07-6062-CIVIL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on October 15, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on December 11, 2007 in the amount of $178,055.47. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 11, 2008. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $159,367.49 Interest Through June 11, 2008 $16,190.15 Per Diem $27.21 Late Charges $1,798.31 Legal fees $2,225.00 Cost of Suit and Title $1,654.00 Sheriffs Sale Costs $0.00 Property Inspections $512.10 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $414.36 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $4,776.34 TOTAL $186,937.75 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on March 19, 2008 and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Xelehl H 'n S ieg, LLP DATE: By: M. Bradfo d, uire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK vs. MARK E. YOHE Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County JENNIFER R. YOHE No. 07-6062-CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE MARK E. YOHE and JENNIFER R. YOHE executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at LOT 1 STEELSTOWN ROAD, NEWVILLE, PA 17241. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: S h Madfo LLP By: i , Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER'PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 108580 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 Plaintiff V. MARK E. YOHE JENNIFER R. YOHE 331 STEELSTOWN ROAD NEWVILLE, PA 17241 Defendants a ? O ?f`?' f77 71 S>?7 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. U7- to wt bvi t jerm CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ATT PLEAg ? "00 - 01 Q! (ecold File #: 108580 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 108580 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 108580 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File 0: 108580 Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 The name(s) and last known address(es) of the Defendant(s) are: MARK E. YOHE JENNIFER R. YOHE 331 STEELSTOWN ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/27/2002 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1775, Page: 487. A copy of the Mortgage is attached as Exhibit "A". 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Filc #: 108580 6. The following amounts are due on the mortgage: Principal Balance $159,367.49 Interest $9,508.08 11/0 1 /2006 through 10/ 12/2007 (Per Diem $27.48) Attorney's Fees $1,325.00 Cumulative Late Charges $1,849.61 09/27/2002 to 10/12/2007 Cost of Suit and Title Search 750.00 Subtotal $172,800.18 Escrow Credit $0.00 Deficit $3,798.85 Subtotal $3,798.85 TOTAL $176,599.03 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 108580 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 11. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s) MARK E. & JENNIFER R. YORE. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $176,599.03, together with interest from 10/12/2007 at the rate of $27.48 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCH IEG, LLP c By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 108580 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to PaTLC.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 11. 07 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 Plaintiff, V. MARK E. YOHE 48 FRY ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-6062-CIVIL TERM FILE Copy JENNIFER R. YORE 16 CARLTON AVENUE CARLISLE, PA 17013 cy Defendant(a PRAECIP "16GMENT FOR FAILURE ANS SMENT OF DAMAGES TO THE PROTHONOTARY:'' = c Kindly enter an in rem judgment in favor of the Plaintiff and against MARK-E. 3WH)?nd JENNIFER R. YORE, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Tr4`{ 44t? *t L-i - -,;?;?,,. $176,599.03 Interest from 10/13/07 to 12/4/0 Y:',? $1,456.44 TOTAL $178,055.47 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQUIRFA Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ll hPROTHY Big 108580 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey March 19, 2008 MARK E. YOHE 48 FRY ROAD NEWVILLE, PA 17241 JENNIFER R. YOHE 16 CARLTON AVENUE CARLISLE, PA 17013 RE: SOVEREIGN BANK vs. MARK E. YOHE and JENNIFER R. YORE Premises Address: LOT 1 STEELSTOWN ROAD NEWVILLE, PA 17241 CUMBERLAND County CCP, No. 07-6062-CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Monday, March 24, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V %ele' ur M rad rd squire For Phelan Hallinan & Schmieg, LLP Enclosure i O ?V) J W0 U V) .o 00 Z M C ?U.cd z0¢ LU ate. O a ? L C 4! h 'b d L ? CC 'C r.. zQO au u r 1O = ao ?o c u o w c o c ? o ' = H u v o 0 c svv N U N L E ' ' E T. ? c F- o '^ c _ .U V . E ? ? O £0 L6 l MOO dlZ WOM-A 0311Y/W ?ooo 800Z 6Lam 0L08LZo000- . 3 O??VIr<,, W $ M Z O s3nrwe A7NIfd ® C Vl I• ? ye ? ? C d _ a. d E .X y « L U .Q A v? Ew 0 y o5"0 b „?o o u . ? Q c _ "`•i ? C u w u o O M ~ I--1 y > 0 O A `u 4 ? p F 0 o F ? u w =? ?w C/? L7 a 3 O o 0 o E" o 14 'C}' W (/] ? y ? A Ern N ~ (7? `--? ? vCOUa C ??/1 W ° nx M V a W ? u]: - 7 4 o w o ¢ o I C 0 ? p z '.° .¢ w w ? .? O Lni/1 r 1w-1 ? ? r 1w-1 v G 0 -a E w ti ti 00 O Oa ?' Oa ray /?? FY ??\ u U 4-o w LLl W LLa `o 0 O L? ? rx z> z z ti z A U H? 0 0 0 0 0 00 00 00 00 tn v7 v7 tr) z 00 00 00 00 0 0 0 0 U b a a a x ° m o .. E V y z .7 r N M d Vl ?D l? 00 0? N M - - v u F d VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: 3 0? JT ?7 VII i , LLP By: rad or , As u' e Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division VS. MARK E. YOHE JENNIFER R. YOHE Defendants CUMBERLAND County No. 07-6062-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. MARK E. YOHE 48 FRY ROAD NEWVILLE, PA 17241 MARK E. YOHE JENNIFER R. YOHE 331 STFELSTOWN ROAD NEWVILLE, PA 17241 DATE: Jr MARK E. YOHE JENNIFER R. YOHE LOT 1 STEELSTOWN ROAD NEWVILLE, PA 17241 JENNIFER R. YOHE 16 CARLTON AVENUE CARLISLE, PA 17013 Xhe a i , LLP By: M. Bradford, s u' e Attorney for Plaintiff R.S._ ?"„`,,, ?? /`, ?` ?.?- 0/ ?y,1?,- ad :. G' ?.? ??+3 <.,? 'APR 0 8 2006 •; v+? `Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SOVI:Rk'lGN BANK Plaintiff vs. MARK E. YOIIE JFINNIFER R. YORE Court of Common Pleas Civil Division CUMBERLAND County No. 07-6062-CIVIL TERM Defendants RULE AND NOW, this day of l r'] _2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Lo ?? Rule Returnable o" 44e day (4 2668, at se, ar 's urg, "F s t i .. .Michele M. Bradford, Esquire Phelan Ilallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 1AX: (215) 563-3459 mic.he,le bradforcl(i fedphe,eom MARK 1:. YOHE 48 FRY ROAD NF,WVILLE, PA ,MARK F.. YOI{E `MARK E. YOHE JENNIFER R. YORE 17241 LOT 1 STEELSTOWN ROAD NEWVILLE, PA 17241 JENNIFER R. YOHE 331 S F,FLSTOWN ROAD NEWVll,l.F, PA 17241 COP I'Es Mal Lccc xlploi6 c/1ENNIFER R. YOHE 16 CARLTON AVENUE CARLISLE, PA 17013 108580 "-?l PHELAN HAI ?LINAN & SCHMIEG, LLP by: Michele M Atty. I.D. No. 6 One Penn Cent 1617 John F. K Philadelphia, P 215 563-7000 Bradford, Esquire 849 er, Suite 1400 nnedy Boulevard 19103-1814 ATTORNEY FOR PLAINTIFF c SOVEREIGN ANK Court of Comm s x? Plaintiff M' VS. Civil Division. = MARK E. YO E CUMBERLAND ty = JENNIFER R. OHE D f d c .- 6062 N 07 CI IL FRJT e en ants o. - - W .4 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return da t of April 28, 2008 was sent to the following individual on the date indicated below. MARK E. YO E MARK E. YOHE 48 FRY ROA JENNIFER R. YOHE NEWVILLE, 17241 LOT 1 STEELSTOWN ROAD NEWVILLE, PA 17241 MARK E. YO J JENNIFER R. HE JENNIFER R. YOHE 331 STEELST N ROAD 16 CARLTON AVENUE NEWVILLE, 17241 CARLISLE, PA 17013 n & i g, LLP DATE: 0O By: M rad or , LJsq4xe/ eMicel Attorney for Plaintiff C') ? C3 co . o? ^?'` ro q (D W AFFIDAVIT OF SERVICE PLAINTIFF. SOVEREIGN BANK DEFENDANT(S) MARK E. YOHE JENNIFER R. YOHE SERVE JENNIFER R. YOHE AT 16 CARLTON AVENUE CARLISLE, PA 17013 SERVED CUMBERLAND COUNTY No. 07-6062-CIVIL TERM ACCT. #108580 Type of Action - Notice of Sheriffs Sale Sale Date: NNE 11, 2008 Served and made known to JEjiNl FF-IQ R_- YDr E , Defendant, on the a74-P, day of be-- GM 6&g , 2001, at -7= © , o'clock Pin., at 1(c CO" N 4VEOVE, 00ALISLP , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 3013 Height Weight 2-00 Race w Sex P Other I, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this Z7- day of o , 200"7 Notary: ? By: Prp," */ts.-9 PI(EASE A E AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODRM ATTEMPTED. NOTARY PUBLIC STATE OF NEW JERSEY NOT SERVED My COMMISSION EXPIRE$1012512012 On the day of , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 1200_. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 -i .O PLAINTIFF DEFENDANT(S) SOVEREIGN BANK AFFIDAVIT OF SERVICE MARK E. YORE JENNIFER R. YOHE 6-) CUMBERLAND COUNTY SERVE MARK E. YOHE AT 48 FRY ROAD NEWVILLE, PA 17241 No. 07-6062-CIVIL TERM ACCT. #108680 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2008 SERVED Served and made known to Abu E , yot4 E , Defendant, on the 974 day of D6rFW6V2001 at r0,30 o'clock ,?.m., at 476 C'ENT99411LAX PD. N fnw V I Lt, E Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 30g Height C37 Weight ,')110 Race W Sex M Other I, PC NA-LQ M 6 L-L , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ?< S,n • 1!5 6f 7?F_,FF_N u"7 1S / M-t) e4Z W qp 511?TEO Swornto and subscribed _t447 W a • 10? S 4? O'j 51 p ?c 71?' E I N t A TWF--g 1"T before me this 7?-7 day CIA94-ESL ?? 1 ?5 ? 6 C'r? N?E2vt?t,F. RDA Ns w U iLLEI of ZxF. 200 . Notary By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOTARY PUBLIC NOT SERVED ?OF NEW JERSEY - N ?P?s 10/25/2012 , 200_, at o'clock .m., Defendant NOT FOUND because: IA Moved Unknown No Answer Ist Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200. Notary: Vacant 2nd Attempt: 1 ! Time: Attornev for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 r fjli C`J r? - r ?: PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK Plaintiff VS. MARK E. YOHE JENNIFER R. YOHE Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-6062-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE SOVEREIGN BANK, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on April 1, 2008. 3. A Rule was entered by the Court on or about April 3, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on April 8, 2008, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of April 28, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: Ph i , LLP By: Bradford, qu e Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK Plaintiff VS. MARK E. YOHE JENNIFER R. YOHE Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-6062-CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 1, 2008. A Rule was entered by the Court on or about April 3, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on April 8, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of April 28, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 4 By: LLP Attorney for Plaintiff Exhibit "A" 'APR o a 2ooV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SOVEREIGN BANK Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County MARK E. YOHE JENNIFER R. YOHE No. 07-6062-CIVIL TERM Defendants RULE AND NOW, this JAA day of 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. , Rule Returnable on the--day of o in the MaiFk BY THE COURT Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 SOVEREIGN BANK ' Plaintiff vs.? MARK E. YOHE JENNIFER R. YOHE Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas 0 Civil Division' • L Y. No. 07-6062-CIVI S" 0v r CERTIFICATION OF SERVICE .< I hereby certify that a true and correct copy or Motion to Reassess Damages noting a Rule Return date of April 28, 2008 was sent to t a 'ng individual on the date indicated below. MARK E. YOHE 48 FRY ROAD NEWVILLE, PA 17241 MARK E. YOHE JENNIFER R. YOHE 331 STEELSTOWN ROAD NEWVILLE, PA 17241 DATE: 0 v MARK E. YOHE JENNIFER R. YOHE LOT 1 STEELSTOWN ROAD NEWVILLE, PA 17241 JENNIFER R. YOHE 16 CARLTON AVENUE CARLISLE, PA 17013 LLP Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. DATE: a eg, LLP By: Mi hel M. ra ford, Esq ire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK Plaintiff VS. MARK E. YOHE JENNIFER R. YOHE Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-6062-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. MARK E. YOHE 48 FRY ROAD NEWVILLE, PA 17241 MARK E. YOHE JENNIFER R. YOHE 331 STEELSTOWN ROAD NEWVILLE, PA 17241 DATE: MARK E. YOHE JENNIFER R. YOHE LOT 1 STEELSTOWN ROAD NEWVILLE, PA 17241 JENNIFER R. YOHE 16 CARLTON AVENUE CARLISLE, PA 17013 TeleMin. & i , LLP By: Attorney for Plaintiff rad or , sq r r C_. s .? i f MAY 12 2.9(x8 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County MARK E. YOHE JENNIFER R. YOHE No. 07-6062-CIVIL TERM Defendants ORDER AND NOW, this day of /447 , 2008, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $159,367.49 Interest Through June 11, 2008 $16,190.15 Per Diem $27.21 Late Charges $1,798.31 Legal fees $2,225.00 Cost of Suit and Title $1,654.00 Sheriffs Sale Costs $0.00 Property Inspections $512.10 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $414.36 Private Mortgage Insurance H Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $4,776.34 $186,937.75 Plus interest from June 11, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 108580 ?(2.; LO :6 WV £ I M 8001 .l?blut ; . u ?Hl ?O OJI t .J ? - .1 SALE DATE: JUNE 11, 2008 IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK No.: 07-6062-CIVIL TERM VS. CUMBERLAND COUNTY MARK E. YOHE JENNIFER R. YOHE AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: LOT 1 STEELSTOWN ROAD, NEWVILLE, PA 17241. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL G. S MIEG, ESQUIRE Attorney for Plaintiff CS r ; f', c rN. 3:,:J :. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which FEDERAL HOME LOAN MTG COPR is the grantee the same having been sold to said grantee on the 1 ITH day of JUNE A.D., 2008, under and by virtue of a writ Execution issued on the 11TH day of DEC, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 6062, at the suit of SOVEREIGN BANK against MARK E YOHE & JENNIFER R is duly recorded as Instrument Number 200820745. IN TESTIMONY WHEREOF, I hav:7mto set my hand and al of said office this day of , Z9 A.D. czacy- d f "ft CW"rW d County, C8", PA My Comria WM Expires ttw Re Monday of Jen. 2010 Sovereign Bank In the Court of Common Pleas of VS Cumberland County, Pennsylvania Mark E. Yohe and Jennifer R. Yohe Writ No. 2007-6062 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 6, 2008 at 1735 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Mark E. Yohe, by making known unto Mark Yohe personally, at 476 Centerville Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on February 22, 2008 at 1809 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jennifer R. Yohe, by making known unto Jennifer Yohe personally, at 16 Carlton Avenue, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 21, 2008 at 1057 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 Mark E. Yohe and Jennifer R. Yohe located at Lot 1 Steelstown Road, a/k/a 331 Steelstown Road, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Mark E. Yohe, by regular mail to his last known address of 476 Centerville Road, Newville, PA 17241. This letter was mailed under the date of March 31, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jennifer R. Yohe, by regular mail to her last known address of 16 Carlton Avenue, Carlisle, PA 17013. This letter was mailed under the date of March 31, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation, of 8200 Jones Branch Drive, McLean, VA 22102, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $2,193.78. Sheriff s Costs: Docketing 30.00 Poundage 43.02 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 25.92 Levy 15.00 Surcharge Law Journal Patriot News Share of bills Distribution of proceeds Sheriff s deed So Answers: R. Thomas Kline, Sheriff BY Real Estate ergeant 30.00 1,049.00 831.11 14.73 25.00 39.50 $ 2,193.78 Llas/v? 9- CA //C? G y51?3 jC,tc.? ,1 ?o7a f SOVEREIGN BANK Plaintiff, ' v. CUMBERLAND COUNTY COURT OF COMMON PLEAS MARK E. YOHE JENNIFER R. YOHE CIVIL DIVISION Defendant(s). NO. 07-6062-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) SOVEREIGN BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,LOT 1 STEELSTOWN ROAD, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARK E. YOHE JENNIFER R. YOHE 48 FRY ROAD NEWVILLE, PA 17241 16 CARLTON AVENUE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA STATE EMPLOYEES CREDIT UNION 1 CREDIT UNION PLACE HARRISBURG, PA 17110 PA STATE EMPLOYEES CREDIT UNION 2215 FOREST HILLS DR., STE. 36 C/O STEVEN C. COURTNEY, ESQ. P.O. BOX 6280 HARRISBURG, PA 17112 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. P.O. BOX 2026 FLINT, MI 48501-2026 MILLENNIUM BANK, N.A., NATIONAL BANK 1601 WASHINGTON PLAZA RESTON, VA 20190 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program LOT 1 STEELSTOWN ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6'h Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. IJ. December 4, 2007 DATE DANIEL G. SCHMIEG, ESQthRE Attorney for Plaintiff SOVEREIGN BANK CUMBERLAND COUNTY Plaintiff, v. MARK E. YOHE JENNIFER R. YOHE Defendant(s). No. 07-6062-CIVIL TERM December 4, 2007 TO: MARK E. YORE JENNIFER R. YORE 48 FRY ROAD 16 CARLTON AVENUE NEWVILLE, PA 17241 CARLISLE, PA 17013 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, LOT 1 STEELSTOWN ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $178,055.47 obtained by SOVEREIGN BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES 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 (215) 563-7000. 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 (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of 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 after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THOSE cERTAW Brads or two seta in the Township of North Newm??? ; Perruylvanla. nsWmd to as Lot No. 0A..m per* edy bounded and descrtoea n aecamance wan the Final Subdivision Plan for Randy Shuman. pnpmod by Carl 0. $ef% MS. which Subdivision Plan has been approvad by the appropriate mmidpai authorities &W is recorded in the O tfoe of the Recorder d heeds in and kr Cumberland Go jnty, Perwhsytveris , in plan Book 67, Page 61. and Lot No.1. snows partladarly bounded and described In 6orordan" wAh to subdivision plan for Randy S. Shtpem% prepared by ft L. WeAbeu PI.S. which subdivision Plan has been Approved by the WPrvprrete munidpet suforljes =4 Is recorded In the 011108 of the Recorder of Deade in and for Cumberland County. Parr+sylvanla, in Plan Book 82, Page 8& as fdk ws: Lot No. I K-G WHWG at an 94WV rsifroad spike along cenMriMe of SR 4006. also known as Smdsbmm Road. and lands now or fa umly E kvln M. Shaffer. thonos along brlds of Shaffer. North 28 degrees 43 minutes 30 seconds East, 843JS toot to and 6*116g Ion pin at Owner of farads now or formerly of Rar4y S. Slgrmn; thanes along tands of Wmalern. South 87 degrees 14 manubss 47 seconds Eft, 317.73 feet b a set concrato monument at Common Caner Of 1A No. 3A and tine vAlWo described iota chance along Lot No. 3A, South 01 degree 09 minutes 58 seconds East. 326.03 feet b a set iron pin at corner of lands now or fgrmady d Charles A. Barone; thence along lands Of fton% SaWh 68 degrees 15 n*RAes 16 seconds west, 339.59 feet 10 on existing kw pin at caner of lands now or formerly of Jahn P. M* ihence slang bads of Leach. South 01 dogma 04 minutes 22 seconds Eest 200.73 feet to an existing rellroad spboe along oenlerline of SR 4006. also ttnown as tileetatOwn Road; thence along centwone at SR 4006, Swth 87 deposes 39 minutes 16 seconds West. 297.91 feet to an a ftft railroad sp'ks, the place of BEG1N4NG. CONTAINING a WW area of 4.3887 was more or Is". UNDER AND SUBJECT to dadiwtsd right-Cf way. building setback Ones. drainage essement erosion and sedimentation contnd measures, and other notations and Nnitetions as set forth on the above referred to wbdwWm pions. ALSO UNDER AND SUBJECT to the following bolding and Yee regions which shall be covenants nwd* g with the land and which shall be binding upon the tdrardees and their heirs, successors and assigns and which shat! apply to end only to Me within conveyed Ions: 1. No svuduros shall be erected hereon other than one single fw» Oy d6dkig, together with a horse barn ar iW awvg9. 2. No ivoakw* or poultry of any kind shall be kept an this lot except household pets which are housed in the tkSncipol dwoUlag house and no more tl a n two horses. 3. No framer, ff*We hone or double vide mobile home, or aimdar st ucture may be located an this tot„ huroora* or pormonently. for any use whatsoever: NotmawkwKI ng the foregoing, modular homaa sholl be permitted. 4. No tent, shacks garage, barn or structure of a temporary character shat be erected or used AA a residence, either temporarily or pem ww ft- 5. No trash. Junk, garbage or inoperable vehicles shah be penritlad to be collected. maintained or stored on a lot. 6. Urd constnuctlon begins, a sod covering shoe be raintained. mqulary cut, and proper aroslon control established and mairiteirhed Wtsrward. 7. No building shat be constructed or altered until the building plans &W spedfications and an-alts plan showing the building location have been aftnitted b tha Grantor (or his designees) for approval as to Thra oarrArm t ta MOON unman ha k%VX* p PMVWg.q and $0=dOv A WW a an Aeadtad. SeA6dd8 9SoCkn Z•PaW 040mnaarwnn WM 20LI Girt, style of ar4 t ok" and Material to be rased. Grattofs review shall be based in part on the confarmly of the proposed building with the site and style of existing Wltange in the Anse, the gwoW Character of Vw area and conrnonty aoogptee`bu?ing standards Arid prAC.OCes. e- OWSOngs obeli have living space (exrduding basement, cravA spacA. Olio and garage areas) or not less than 1100 square feet b. Ededor construction shag be of done, brick. random rock, wood. skankwim or vinyl siring. No concrete block ahei be visible above ground. Q Approval or deapprovat wN be given within thing (30) days from the data of submission of canplete plans end Wociftstions. In the Aver Met the Grantor (cr his desggnea) shell not have approval or d4opproval of the pla ns within thirty (30) days after their submission or i f oo wit to enjoin the oonstlicllon or alteration has born owrrrranced prix to the completion thereat. such approval will be downed b have been given and Oft =van" cornpied wkh. 8. Grantor may but is not obligated to knPoso these or drder resbiursons upon other hots owned by Grantor. TITLE TO SAID PREMISES IS VESTED IN Mark E. Yohe and Jennifer R. Yohe, husband and wife, by Deed from David W. Ketner and Mona S. Ketner, (trading as D.W. Ketner Enterprises), dated 09/27/2002, recorded 09/30/2002, in Deed Book 253, page 4021, rerecorded 01/20/2004 in Deed Book 261, page 1681. ' PARCEL NO: 30-07-0485-044 PREMISES BEING: LOT 1 STEELSTOWN ROAD, NEWVILLE, PA 17241 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6062 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From MARK E. YOHE & JENNIFER R. YOHE (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 $178,055.47 L.L. $.50 Interest from 12/5/07 to 6/11/08 (per diem - $29.27) -- $5,561.30 Atty's Comm % Due Prothy $2.00 Atty Paid $221.84 Plaintiff Paid Other Costs $3,129.00 Date: 12/11/07 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Proth otary By: Deputy Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 ?A Real Estate Sale # 03 On February 14, 2008 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA Known and numbered as Lot 1 Steelstown Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 14, 2008 By: ??h?t ?) 0(? ?.+ Real Estate Sergeant s?C4 ,y.... !Al Mis The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book °M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/23/08 04/30/08 05107/08 Sworn to and kubs`ribed before me this 27 d4-a1,May, 2008 A.D. Notary Pu COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyrie L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commission Expires May 29, 2010 Member, Pennsylvania Association of Notaries Real Estate Sale #3 Writ No. 2007-6062 Civil Term Sovereign Bank, inc. VS Mark E. Yohe and Jennifer R.Yohe Attorney: Daniel Schmieg DESCRIPTION ALL THOSE CERTAIN tracts of land, situate in the Township of North Newton, County of Cumberland, Pemsylvaniam, referred to as Lot No. 5A, more particularly bounded and described in accordance with the final Subdivism Plan for Randy Shuman, prepared by Carl D. ,Bert, PIS, which Subdivision Plan has been approved by the appropriate municipal authorities and is recorded in. the Of= -d die . Re®oafitr of Deeds is and far Codaleod Coutty, Petmsyivaum in Phut Book 67, Page 61, and Lot NO. 1, more patiedady bounded and described in accordance with the subdivision plan for Randy S. Shuman, prepared by Eric L. Diffenbaugh, PIS which subdivision plan has been approved by the appropriate municipal authorities and is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 82, Page 88, as follows: Lot No. I BEGINNING at an existing railroad spike along centerline of SR 4006, also known as Steelstown Road, and lands now or formerly if Irvin M. Shaffer, thence along land of Shaffer, North 28 degrees 43 minutes 30 seconds East, 643.66 feet to and existing iron pin at comer of lands now or formerly of Randy S. Shuman; thence along lands of Shuman, South 87 degrees 14 minutes 47 seconds East, 317.73 feet to a set concrete monument at common corner of Lot No. 3A and the within described lot, thence along Lot No. 3A, South 01 degree 09 minutes 58 seconds Fast, 326.03 feet to a set iron pin at comer of land now or formerly of Charles A. Barone; thence along lands of Barone, South 88 degrees 15 minutes 16 seconds West, 339.59 feet to an existing iron -pin at comer of lands now or formerly of John P. Leach; thence along lands of Leach, South 01 degree 04 minutes 22 seconds East, 200.73 feet to an existing railroad spike along centerline of SR 4006, also known as Steelstown Road; thence along centerline of SR 4006, South 87 degrees 39 minutes 18 seconds West, 297.91 feet to an existing railroad spike, the place of BEGINNING. CONTAINING a total area of 4.3887 acres more or less. UNDER AND SUBJECT to dedicated right-of- w: y, building set back lines, drainage easement, erosion and sedimentation control measures, and other notations and limitations as set forth on the above referred to subdivision plans. ALSO UNDER AND SUBJECT to the following building and use restrictions which shall be covenants running with the land and which shall be binding upon the Grantees and their heirs, successors and assigns and which shall apply to and only to the within conveyed lots: No structure shall be erected hereon other than one single family dwelling, together with a horse barn and/or garage. No livestock or poultry of any kind shall be kept on this lot, except household pets which are housed in the principal dwelling house and no more than two horses. No trailer, mobile home or double wide mobile home, or similar structure may be located in this lot, temporarily or permanently, for any use whatsoever. Notwithstanding the foregoing, modular homes shall be pem fitted. No tent, shack, garage, barn or structure of a temporary character shall be erected or used as a residence, either temporarily or permanently. No trash, junk, garbage or inoperable vehicles shall be permitted to be collected, maintained or stored on a lot. Until construction begins, a sod covering shall be maintained, regularty cut, and proper erosion control established and maintained afterward. No building shall be constructed or altered until the building plans and specifications and on-site plan showing the'budding location have been submitted to the Grantor (or his designees) for .approval as to Ibis commitment is invalid unless the Insuring Provisions and Schedule A and B are Attack& Sddrodutle B-Section 2-Page 5-Coromitmeat No. 2820.1 Size, style of architecture and material to be used. Grantor's review shall be based in part on the conformity of the proposed building with the size and style of existing building in the area, the general character of the area and commonly accepted building standards and practices. a. Dwellings shall have living space (excluding basement, crawl space, attic and garage areas) of not less than 1100 square feet. b. Exterior construction shall be of stone, brick, random rock, wood, aluminum or vinyl siding. No concrete brick shall be visible above ground. c. Approval or disapproval will be given within thirty (30) days from the date of submission of complete plans and specifications. In the event that the Grantor (or his designee) shall not have approval or disapproval of the plans within thirty (30) days after their submission or if no suit to enjoin the construction or alteration has been commenced prior to the completion thereof, such approval will be deemed to have been given and this covenant complied with. 8. Grantor may but is not obligated to impose there or similar restrictions upon other lots owned by Grantor. TITLE TO SAID PREMISES IS VESTED IN Mark E. Yohe and Jennifer R. Yohe, husband and Wife, by Deed from David W. Ketner and Mona S. Kerner, (trading as D.W. Kerner Enterprises), dated 09/27/2002, recorded 091301 WZ in Deed Book 253, page 4021, rerecorded 01/20/2004 in Do,J Book 261, page 1681. PARCEL N0: 30-07-0485-044 PREMISES BEING: LOT I STEELSTOWN ROAD, NEWVBJ.E, PA 17241 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 Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 2, May 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r-- L' a Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this -:: 16 day of May. 2008 Z-) Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE BALE NO. 3 Writ No. 2007-6062 Civil Sovereign Bank, Inc. VS. Mark E. Yohe and Jennifer R. Yohe Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THOSE CERTAIN tracts of land, situate in the Tow f North Newton, County of umber- land, , Pennsylvw am referred to as Lot No. SA, more particularly bound- ed and described in accordance with the Final Subdivision Plan for Randy Shuman, prepared by Carl D. Bert, PLS, which Subdivision Plan has been approved by the appropriate municipal authorities and is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 67, Page 61, and Lot No. 1, more particularly bounded and described in accor- dance with the subdivision plan for Randy S. Shuman, prepared by Eric L. Diffenbaugh, PLS which subdivi- sion plan has been approved by the appropriate municipal authorities and is recorded in the Office of the Recorder of Deeds in and for Cumber- land County, Pennsylvania, in Plan Book 82, Page 88, as follows: Lot No. 1 BEGINNING at an existing rail- road spike along centerline of SR 4006, also known as Steelstown Road, and lands now or formerly if Ir- vin M. Shaffer; thence along lands of Shaffer, North 28 degrees 43 minutes 30 seconds East, 643.66 feet to and existing iron pin at corner of lands now or formerly of Randy S. Shuman; thence along lands of Shuman, South 87 degrees 14 minutes 47 seconds East, 317.73 feet to a set concrete monument at common corner of Lot No. 3A and the within described lot, thence along Lot No. 3A, South 01 degree 09 minutes 58 seconds East, 326.03 feet to a set iron pin at corner of lands now or formerly of Charles A. Barone; thence along lands of Barone, South 88 degrees 15 minutes 16 seconds West, 339.59 feet to an existing iron pin at corner of lands now or formerly of John P. Leach; thence along lands of Leach, south 01 degree 04 minutes 22 sec- onds East, 200.73 feet to an existing railroad spike along centerline of SR 4006, also known as Steelstown Road; thence along centaliae of SR 4006, South 87 degrees 39 minutes 18 seconds West, 297.91 feet to an existing railroad spike, the place of BEGINNING. CONTAINING a total area of 4.3887 acres more or less. UNDER AND SUBJECT to dedi- cated right-of-way, building set back lines, drainage easement, erosion and sedimentation control measures, and other notations and limitations as set forth on the above referred to subdivision plans ALSO UNDER AND SUBJECT to the following building and use re- strictions which shall be covenants running with the land and which shall be binding upon the Grantees and their heirs, successors and as- signs and which shall apply to and only to the within conveyed lots: 1. No structures shall be erected hereon other than one single family dwelling, together with a horse barn and/or garage. 2. No livestock or poultry of any kind shall be kept on this lot, except household pets which are housed in the principal dwelling house and no more than two horses. 3. No trailer, mobile home or double wide mobile home, or similar structure may be located on this lot, temporarily or permanently, for any use whatsoever. Notwithstanding the foregoing, modular homes shall be permitted. 4. No tent, shack, garage, barn or structure of a temporary char- acter shall be erected or used as a residence, either temporarily or permanently. 5. No trash, junk, garbage or in- operable vehicles shall be permitted to be collected, maintained or stored on a lot. 6. Until construction begins, a sod covering shall be maintained, regularly cut, and proper erosion control established and maintained afterward. 7. No building shall be construct- ed or altered until the building plans and specifications and on-site plan showing the building location have been submitted to the Grantor (or his designees) for approval as to This commitment is invalid unless the Insuring Provisions and Schedule A and B are Attached. Schedule B-Section 2-Page 5- Commitment No. 2820.1. size, style of architecture and mate- rial to be used. Grantor's review shall be based in part on the conformity of the proposed building with the size and style of existing buildings in the area, the general character of the area and commonly accepted build- ing standards and practices. a. Dwellings shall have living space (excluding basement, crawl space, attic and garage areas) of not less than 1100 square feet. b. Exterior construction shall be of stone, brick, random rock, wood, alu- minum or vinyl siding. No concrete block shall be visible above ground. c. Approval or disapproval will be given within thirty (30) days from the date of submission of complete plans and specifications. In the event that the Grantor (or his designee) shall not have approval or disapproval of the plans within thirty (30) days after their submission or if no suit to enjoin the construction or alteration has been commenced prior to the completion thereof, such approval will be deemed to have been given and this covenant complied with. 8* tir+uiwr may out is not ob- ligated to impose these or similar rirestctions upo by Grantor. n other lots owned . TITLE TO SAID PREMISES IS VESTED IN Mark E. Yohe and Jen- nifer R. Yohe, husband and wife by Deed from David W. Ketner and Mona S. Ketner, (trading as D.W Ketner Enterprises), dated 09/29/2002, recorded 09/30/2002, in Deed Book 253, Page 4021, rerecorded 01/20/2004 in Deed Book 261, page 1681. PARCEL NO: 30-07-0485-044. PREMISES BEING: LOT 1 STEELSTOWN ROAD, NEWVILLE, PA 17241.