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HomeMy WebLinkAbout07-6636A AMERICAN GENERAL FINANCIAL SERVICES, INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA COMPANY, J 1 ElLrs'1 Plaintiff, No. 0,1 u k vs. WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIER, Real Owner, and PAULINE MITTERMEIER and MELVIN STACKPOLE, Occupants, Defendants. Mortgage Foreclosure Book 1992, Page 4141 et seq. 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 is served, by entering a written appearance either 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, property, and/or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 610-377-5400 or 800-990-9108 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS PLEADING IS NOT, AND SHOULD NO BE CONSTRUED AS, AN ATTEMPT TO COLLECT A DEBT, BUT RATHER AS A PROCEEDING TO ENFORCE A VALID LIEN AGAINST PROPERTY, WHICH LIEN SURVIVES BANKRUPTCY DISCHARGE CIVIL ACTION -- LAW 32086.1 A AMERICAN GENERAL FINANCIAL SERVICES, INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff, vs. WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIER, Real Owner, and PAULINE MITTERMEIER and MELVIN STACKPOLE, Occupants, Defendants. No. CIVIL ACTION -- LAW Mortgage Foreclosure Book 1992, Page 4141 et seq. AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandadas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir del la fecha del la demandada y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entrgar a la corte en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede decidir a favor del demandante y requiere que usted compla con todas las provisioner de esta demandada. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Legal Services of Northeastern PA, Inc. 122 Iron Street Lehighton, PA 18235 610-377-5400 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY THIS PLEADING IS NOT, AND SHOULD NO BE CONSTRUED AS, AN ATTEMPT TO COLLECT A DEBT, BUT RATHER AS A PROCEEDING TO ENFORCE A VALID LIEN AGAINST PROPERTY, WHICH LIEN SURVIVES BANKRUPTCY DISCHARGE : IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA 32086.1 AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L07999-0034 P.O. Box 8521 Reading, PA 19603 AGFS Acct. No. 18706166 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage@abcglaw.com AMERICAN GENERAL FINANCIAL IN THE COURT OF COMMON PLEAS, SERVICES, INC., t/d/b/a AMERICAN CUMBERLAND COUNTY, GENERAL CONSUMER DISCOUNT PENNSYLVANIA COMPANY, Plaintiff, No. vs. CIVIL ACTION -- LAW WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIER, Real Owner, and Mortgage Foreclosure PAULINE MITTERMEIER and MELVIN Book 1992, Page 4141 et seq. STACKPOLE, Occupants, Defendants. THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in the Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Defendant(s), within thirty (30) days after receipt of this notice, dispute(s) the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume said debt is valid. If the Defendant(s) notify/ies the undersigned attorney in writing within the said thirty (30)-day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney will obtain written verification of the debt from the Plaintiff and mail the same to the Defendant(s). Upon written request by the Defendant(s) to the undersigned attorney within said thirty (30)-day period, the undersigned attorney will provide the Defendant(s) with the name and address of the original creditor, if different from the Plaintiff. Ir /11 32086.1 r % AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L07999-0034 P.O. Box 8521 Reading, PA 19603 AGFS Acct. No. 18706166 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage@aabcglaw.com AMERICAN GENERAL FINANCIAL IN THE COURT OF COMMON PLEAS, SERVICES, INC., t/d/b/a AMERICAN CUMBERLAND COUNTY, GENERAL CONSUMER DISCOUNT PENNSYLVANIA COMPANY, Plaintiff, No. d,7. 6 G 3? VS. CIVIL ACTION -- LAW WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIER, Real Owner, and Mortgage Foreclosure PAULINE MITTERMEIER and MELVIN Book 1992, Page 4141 et seq. STACKPOLE, Occupants, Defendants. COMPLAINT AND NOW, comes the Plaintiff, American General Financial Services, Inc., by its attorneys, Clemson N. Page, Jr., Esquire, and Austin, Boland, Connor & Giorgi, and respectfully represents that: 1. Plaintiff, American General Financial Services, Inc., is a financing company which trades and does business as American General Consumer Discount Company from a branch office at 125 Gateway Drive, Suite 109, Mechanicsburg, Cumberland County, PA 17050-2905. 2. Defendants are Wayne A. Mittermeier, a/k/a Wayne Mittermeier; Pauline Mittermeier, and Melvin Stackpole, adult individuals residing at 152 32085.1 -1- k South Enola Drive, Enola, Cumberland County, PA 17025. 3. Defendant Wayne A. Mittermeier, a/k/a Wayne Mittermeier, holds fee simple title to the premises generally known as 152 South Enola Drive, Enola, Cumberland County, PA 17025 (the "Mortgaged Premises") by virtue of a deed dated June 7, 1999 and recorded June 10, 1999 in Deed Book Volume 201, page 399 et seq., Cumberland County Records. 4. Defendants Pauline Mittermeier and Melvin Stackpole are adult individuals whose relationship to Defendant Wayne A. Mittermeier, a/k/a Wayne Mittermeier, if any, is unknown to the Plaintiff, residing in the Mortgaged Premises 5. An abbreviated narrative legal description of the Mortgaged Premises is attached hereto as a portion of Exhibit A and incorporated by reference. 6. On December 23, 2004, in consideration of a credit accommodation from the Plaintiff in the form of a $75,000.00 home equity line of credit, Defendant Wayne A. Mittermeier, a/k/a Wayne Mittermeier, executed and delivered to the Plaintiff (a) a Home Equity Line of Credit Agreement, which made credit available to said Defendant in amounts up to the sum stated above (the "Note"), and (b), as collateral security for repayment of all sums borrowed pursuant to the Note, a mortgage dated December 23, 2004 and recorded December 29, 2004 in Record Book Volume 1892, page 4141 et seq., Cumberland County Records (the "Mortgage"). 7. True and correct copies of the Note and the Mortgage are attached hereto, collectively marked Exhibit A, and incorporated by reference. 8. The Plaintiff is the owner and holder of the Mortgage and the Note, having assigned no interest in the same to any other party. 32085.1 -2- c 9. Defendant Wayne A. Mittermeier, a/k/a Wayne Mittermeier, is in default of his obligations to the Plaintiff as owner and holder of the Mortgage and the Note by reason of failure to pay installments of principal and interest when due, from May 2007 through the date of this Complaint. 10. The following amounts are therefore due and owing on the Note and the Mortgage, as of October 25, 2007: Principal Debt: ........................ $75,100.47 Accrued Interest through 10/25/2007 ........ 6,179.81 Late Charges ............................. 585.05 NSF Check Charges ........................ 20.00 Real Estate Taxes paid by Plaintiff. ........... 429.86 Reasonable Attorney Fees (5%)* ........... 3,755.02 TOTAL AMOUNT DUE ......... $86,070.21 *(NOTE that the indicated sum (5.00% of the principal debt) reflects a maximum amount that the Plaintiff may claim for its attorney fees in the event of a third-party execution sale only, based upon provisions in both the Mortgage and the Note for payment of "reasonable" attorney fees by the Defendant in the event of default and collection activity. If the Defendant reinstates the account, attorney fees will be based upon work actually performed by Plaintiff's counsel.) 11. In addition, interest at the rate of $25.42 per day on the unpaid principal balance will continue to accrue from October 26, 2007 until this matter is concluded, either by settlement or by litigation to judgment and sheriff's execution sale. Any payments which are allowable under the Mortgage or the Note and necessary to protect the Plaintiff's interest in the Mortgaged Premises, including without limitation real estate taxes due or to become due, fire or homeowners' insurance premiums, or any other reasonable costs necessary to protect the Mortgaged Premises from waste or vandalism, shall also become due 32085.1 -3- and owing from Defendant Wayne A. Mittermeier, a/k/a Wayne Mittermeier, to the Plaintiff as and when expended by the Plaintiff. 12. The Plaintiff has given notice to Defendant Wayne A. Mittermeier, a/k/a Wayne Mittermeier, of its intention to initiate these proceedings, by first- class mail and certified mail, first-class postage prepaid, as follows: Pursuant to the provisions of Act 91 of the Pennsylvania General Assembly dated December 23, 1983, ("The Emergency Mortgage Relief Act,") and the Act of March 14, 1978 (P.L. 11, No. 6)("Act 6"), a notice in the combined form prescribed by Title 12, Chapter 31 of the Pennsylvania Code (the "Pre-Foreclosure Notice") was mailed by regular first-class mail and by certified mail, return receipt requested, to Defendant Wayne A. Mittermeier, a/k/a Wayne Mittermeier, at the Mortgaged Premises under date of July 2, 2007. A true and correct copy of the Pre-Foreclosure Notice, with copies of mailing receipts, is attached hereto, marked Exhibit B and incorporated by reference. Neither Defendant Wayne A. Mittermeier, a/k/a Wayne Mittermeier, nor either of the other two named Defendants responded to the Pre-Foreclosure Notice. WHEREFORE, the Plaintiff prays for the entry of judgment, in rem only, in favor of the Plaintiff and against the Defendants, jointly and severally, in the sum of $86,070.21, together with interest at the daily rate of $25.42 from October 26, 2007, and late charges (if any), costs of suit as they appear of record, any taxes, assessments and other similar charges, and for foreclosure and sale of the Mortgaged Premises as defined above. Dated: October 29, 2007 AUSTIN, BOLAND, CONNOR & GIORGI By , Esquire for Plain 32086.1 -4- Exhibit A October 30, 2007 (15 pages) . AMERICAN AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT GENERAL. ACCOUNT. NUMBER 18706166 FINANCIAL S'EIEYICE& DATE 12/23/04 CREDIT LIMIT $ 7500070 TYPE OF LOAN (Alpha) Y00 LENDER/SECURED PARTY NAME AND ADDRESS ("Lender") LENDER'S TELEPHONE NUMBER: 717-697-6327 AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 125 GATEWAY DR STE 109 MECHANICSBURG PA 17050-2905 BORROWER(S) NAME AND ADDRESS ("1' ,' We") WAYNE-A MITTERMEIER 1.52_S ENOLA DX ENOLA, PA 17025 PROPER TY THAT SECURES THIS LINE OF CRE DIT Conventional Home and Real Estate [:] Manufactured Home and Real Estate [] Other Real Estate PROPERTY ADDRESS 152 S ENOLA DR ENOLA, PA 17025 PROPERTY ADDRESS PROPERTY ADDRESS 1. Meaning of Some Words. In this Agreement, the words "Borrower," "I," "me," "my," "we," and "our" mean all persons signing this Agreement as a "Borrower" or "Co-Borrower." The words "Lender," "you," and "your" mean AMERICAN GENERAL CONSUMER DISCOUNT COMPANY its. successors, and assigns. 2. Home Equity Line of.Credit Agreement. Lender has opened a Line of Credit for me (my "Accounf? This American General Home Equity Line of Credit Agreement ("Agreement') states the terms and conditions of my Account. I have read this Agreement carefully and will keep a copy for my records. 3. Credit Limit. The maximum amount of credit available to me under this Agreement is called my Credit Limit. My Credit Limit is stated above. The total amount I owe Lender at any time under this Agreement and My Security Instrument (defined in Section 5 below) is called my Total Balance. The total amount available for me to borrow from my Account at any time is called my Available Credit. My Available Credit equals my Credit Limit, less my outstanding Principal Balance. My Principal Balance is the amount I owe Lender for each Draw (defined in Section 7 below) on my Account, as well as any fees and charges that are added to my Principal Balance and any credit insurance premiums. 4. Promise to Pay. I promise to pay to the order of Lender my Total Balance. If more than one Borrower signs this Agreement, all of us are bound by this Agreement, and each of us, together and individually, will keep all of the promises we make in this Agreement, including our Promise to Pay. If someone other than a Borrower uses my Account, I promise to pay amounts owed to Lender because of Draws by that person, even if that person did not have my permission and even if I told Lender that the person was using my Account, to the extent permitted by applicable law. 5. Security Interest. At the time I sign this Agreement, I also will give Lender a mortgage, deed of trust, and/or other security instrument (the "Security Instrument'). The Security Instrument gives Lender a security interest in the property (the "Security Interest") described at the beginning of this Agreement (the "Property"). Lender's Security Interest will be limited to my Credit Limit plus any unpaid finance changes. The Property will be used as the principal residence of at least one Borrower, unless Lender otherwise agrees. I agree not to allow any other lien to be filed against the Property that will be superior to or adversely affect Lender's Security Interest. The Security instrument will not secure other debts I owe Lender, unless it specifically states that it secures those debts. This Agreement and my Account will not be secured by a mortgage, deed of trust, or other security instrument on anyone's principal residence, unless the mortgage, deed of trust, or other security agreement specifically states that it secures this Agreement. 6. Using My Account. Right to Cancel. If the Property is the principal residence of any Borrower, I may be entitled to cancel all or a partof'this Agreement under the Truth in Lending Act and Regulation Z or other applicable law. If Lender gives me a Right to. Cancel, I may not use my Account until the Right to Cancel expires. I may also be entitled to rescind a Security Interest added or increased in the event that the Credit Limit on my Account is increased. The Term of This Agreement. The term of this Agreement is divided into two periods: the 10 year "Draw Period" and the "Repayment Period." The Repayment Period will vary depending on the payment option I choose. Draw Period. An advance of funds from my Account is called a Draw. This Agreement and the Draw Period begin on 1 2 jig jn4. The Draw Period will continue for-I(L years and will end on 12 j?? 14 (the "Last Draw Date"). Repayment Period. After the Draw Period ends, the Repayment Period begins ("Repayment Period'). During the Repayment Period, I may not take any Draws, and I must repay the Total Balance in accordance with the payment option I choose. Credit'Limit. I may make Draws on my Account up to my Credit Limit; however, I may not take a Draw greater than my Available Credit. If I do request a Draw greater than my Available Credit in violation of this Agreement, Lender may but is not obligated to honor that Draw request, and Lender is not obligated to honor future Draw requests in excess of my Credit Limit. 7. Draws. There are two kinds of Draws: the "First Draw" and "Subsequent Draws." First Draw. I must take a First Draw in the minimum amount of $ 1000.00 on 12/30/04 (the "First Draw Date'j. My First Draw will be paid to me by check. In addition to my First Draw, any Fees due under this Agreement that I choose to finance will be added to my Principal Balance. SEE ADDITIONAL PAGES FOR-'IMPORTANT INFORMATION' UNXA51 (7-13-03) HELOC Agreement (1-2) - Page .1 Borrowees.Inkials 'W /IV. AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (con't) Subsequent Draws. 1 may take Subsequent Draws during the Draw Period by writing special checks from time to time (each, a "Check'), but I may not request a Subsequent Draw for an amount greater than my Available Credit. Each Subsequent Draw must be for at least $ 100.00 . immediately after any Subsequent Draw, my Principal Balance must exceed $_NIA. I may obtain Subsequent Draws at Lenders offices or by using my Checks I receive from Lender. Lender may charge amounts to my Account as Subsequent Draws to protect Lender's Security Interest in the Property, as stated in the Security Instrument, at any time. Checks. I can use my Checks, subject to the terms of this Agreement. When Lender honors a Check, Lender may charge the amount of the Check to my Account, even if it is post-dated, stale, or will cause me to exceed my Credit Limit. Lender is not obligated to pay Checks that will cause me to exceed my Credit Limit, but, if Lender does so, Lender is not obligated to do so again in the future. Checks will not be returned with my Monthly Statements. Lender can pay Checks in any order it chooses even though this may affect whether I exceed my Credit Limit, unless otherwise required by law. Stop Payment Requests. If I ask, Lender may attempt to stop payment on a Check, but Lender will have no liability to me if Lender does not. An oral request to stop payment is good for only fourteen (14) calendar days unless I confirm it in writing within that period. A written request is good for only six (6) months unless I renew it in writing within that period. I will contact Lender immediately if I wish to stop payment on a Check. Lender then will send me a "Stop Payment Request" form that I must sign and return to Lender. Lender will advise me of other rules that will apply to Stop Payment Requests. Loss of Checks. I must notify Lender immediately if any of my Checks are lost or stolen or if I learn that any of the Checks have been used without my permission. To report the loss or theft of my Checks, I may write to Lender at the address listed at the beginning of this Agreement or on my Monthly Statement ("Lender's Address') or call Lender at the telephone number listed at the beginning of this Agreement or on my Monthly Statement ("Lender's Telephone Number"). Lender may change Lender's Address or Lender's Telephone Number by telling me in my Monthly Statement. If my Account is closed for any reason, I agree to return all unused Checks to Lender immediately. Restrictions on Draws. Lender may refuse to honor any Draw request: (a) that will cause me to exceed my Credit Limit; (b) that I try to use to make any payments on my Account or any other account due to Lender, unless I first get Lender's permission in writing; (c) that does not comply with this Agreement; (d) if Lender has suspended or terminated my Account; or (e) if I am otherwise in default of this Agreement. Lender is not responsible if I am dissatisfied with the goods or services I have purchased or leased with Draws from my Account or if anyone does not accept my Check. 8. How My Finance Charges Are Computed. Finance charges will be. assessed on my Account in the forth of Additional Fees described in Section 10 below and by applying the applicable daily periodic rate disclosed in Section 9 below to the average daily balance on my Account and then multiplying the resulting product by the number of days in the billing cycle. The Finance Charge calculated in this manner will never exceed the Finance Charge that would result from applying the daily periodic rate to the daily balance for each day of the billing cycle. Finance charges will be disclosed on my Monthly Statement as the Finance Charge. The daily periodic rate applied to my Account will be determined by dividing the annual percentage rate applicable to my Account (the "Annual Percentage Rate") for the billing cycle by 365 (the "Daily Periodic Rate'). Calculation of Average Daily Balance. Lender figures a portion of the Finance Charge on my Account by applying the Daily Periodic Rate to the average daily balance on my Account. To get the average daily balance, Lender takes the beginning Principal Balance (which excludes any accrued and unpaid finance charges resulting from the daily periodic rate) on my Account each day, adds any new Draws, Fees (as defined below), and credit insurance premiums (except as otherwise provided in this Agreement), and subtracts any payments or credits. This gives Lender the "Closing Daily Balance" on my Account. Then, Lender adds all the Closing Daily Balances for the billing cycle and divides the total by the number of days in the billing cycle. This gives Lender the "Average Daily Balance." The Closing Daily Balance will reflect payments, credits, draws, and debits posted to my Account each day but will not include any unpaid finance charges resulting from the daily periodic rate. No Grace Period. There is no grace period during which I can make a payment and avoid a Finance Charge. Finance charges will begin to accrue on the day that Draws, Fees (as defined below), or credit insurance premiums are postea to my Account. 9. Annual Percentage Rates/Daily Periodic Rates. The interest rate that Lender uses to calculate a portion of the Finance Charge on my Account is called an Annual Percentage Rate or a Daily Periodic Rate. The Annual Percentage Rate is the Daily Periodic Rate of interest on my Account expressed as an annual rate. Fixed Annual Percentage Rate/Daily Periodic Rate. The ANNUAL PERCENTAGE RATE applied to my Account is ALA _216. The Daily Periodic Rate applied to my Account is N/A %. X? Variable Annual Percentage Rate/Daily Periodic Rate. My Annual Percentage Rate and Daily. Periodic Rate may change quarterly . The Annual Percentage Rate and the Daily Periodic Rate on my Account are based on an index. The index is the highest Prime Rate in the "Money Rates" listing in The Wall Street Journal on the first business day after the 14th day of the month preceding each quarteriy anniversary of my Account. The anniversary of my Account is three (3) months from the Date of Agreement above and the same date of each quarterly time period thereafter (my "Anniversary"). To get my Annual Percentage Rate, Lender adds 4.180 percentage point(s) (the "Margin") to the index. My initial. ANNUAL PERCENTAGE RATE is 9.180%, and my initial Daily Periodic Rate is 02520/6. If the index becomes unavailable during the term of this Agreement, Lender may use a comparable index after Lender notifies me. Rate Changes. The Annual Percentage Rate can change auarteriv , but the rate cannot increase or decrease by-more than 1.000 percentage point(s) at any rate change. Changes in the Annual Percentage Rate and Daily Periodic Rate for my Account will take effect on the first day of the billing cycle beginning on or after the Anniversary of my Account. My Monthly Statement will show the Annual Percentage Rate and Daily Periodic Rate that applied to my Account during the billing cycle. Increases in the Annual Percentage Rate and Daily Periodic Rate for my Account may result in a greater Finance Charge and an increase in the Current Payment I must make on my Account. The ANNUAL PERCENTAGE RATE on my Account will never be more than 15.On0%, which is the same as a Daily Periodic Rate of • n411 %, or be less than which is the same as a Daily Periodic Rate of _ 0192 %. SEE' ADDITIONAL PAGES'FOR' IMPORTANT INFORMATION UNW2 (0713-03) HELOC Agreement (1-2);• Page 2 BwowersIni dls . / ' AMERICAN: GENERAL HOME' EQUITY LINE OF CREDIT AGREEMENT (con't) ? Introductory Discount for Annual Percentage Rate/Daily Periodic Rate. Initially, during the discount period, the Annual Percentage Rate and Daily Periodic Rate applicable to my Account will not be the Annual Percentage Rate and Daily Periodic Rate shown above. The Introductory ANNUAL PERCENTAGE RATE is H/A %, and the Introductory Daily Periodic Rate is N/A %. The Introductory Annual Percentage Rate and Deily. Periodic Rate applicable to my Account will be in effect from the First Draw Date through the first -K& billing cycles. Thereafter, beginning on the first day of the next billing cycle, the Annual Percentage Rate and Daily Periodic Rates shown above will apply. Each Annual Percentage Rate disclosed above includes only interest and not other charges. 10. Fees. I agree to pay certain fees and charges ("Fees' as provided below. I agree that Lender may charge these Fees to my Account and include these Fees in my Principal Balance, except as otherwise provided in this Agreement:' Fees will-not be refunded if my Account is closed for any reason, unless required by law. Loan Fees. I agree to pay the following Loan Fees in connection with my Account.' If l do not pay the Loan Fees in cash when I open my Account, funds may be advanced from my Account to pay these Loan Fees at the time i take my First Draw. Loan Fees Paid to Lender. Loan Foes Paid to-Third Parties. 687`.88 Title'Insurance Fee $" 265.00 Appraisal'Fee $ 40.50 Recording/Releasing.Fees+RE. Additional Fees. I'also agree to pay the following Additional Fees on my Account. These Fees are an additional kind of FINANCE CHARGE. These Additional Fees will appear on my first Monthly Statement in the "FINANCE CHARGE" box. Additional Fees Paid to Lender. $ 2250:00 Points Additional Fees Paid to Third Parties. $ 59.00 Tax Service Fee - Account Fees. If checked, Lender may charge the4ollowing: Fees to my Account: Initial Annual Fee. Lender may charge an Annual Fee on my Account on my, first Monthly Statement. The initial Annual Fee is $ N/A ? , Subsequent Annual Fee.. Lender may charge a subsequent Annual Fee on my Account on each annual anniversary during my Draw Period. The subsequent Annual Fee is $ N/A 0 Late Fee. I may have to pay a Late Fee as more fully described in Section 34. 0 Returned Check Fee. I may be required to pay a Retumed Check Fee as more fully described in Section 35. ? Reconveyance Fee. I maybe required to pay a Reconveyance fee as more fully described in Section 36. 11. Payment Options. Each month I must pay at least the Minimum Payment shown on each of my Monthly Statements by the payment due date. I may make larger payments on my Account at any time and in any amount, but 1 still must make any Minimum Payment due for the month(s) following that larger payment. The larger my payments, the smaller the total Finance Charge I will have to pay over the term of this Agreement. I may pay the Total Balance on my Account in full at any time; however, I may be required to pay a Prepayment/Termination Fee, as provided in Section 33. Percent of New Balance Option. Under this option and subject to any balloon payment below, my Minimum Payments will be due monthly and will include any Past Due Amounts and any Late Fee and any Retumed Check Fees assessed for the billing cycle, plus a Current Payment equal to N/A % of the sum of the Principal Balance, the finance charges, and any credit insurance premiums assessed for the current billing cycle. ?X Assumed Tenn Option Under-this option and subject to any balloon payment below, my Minimum Payment will be due monthly and will include a Current Payment equal to an amount that would amortize the Principal Balance and the Finance Charge to be eamed on my Principal Balance over an assumed term of J& years (the "Assumed Term") in substantially equal amounts each billing cycle, plus any Past Due Amounts and any credit insurance premiums, any Late Fee, and any Returned Check Fees assessed for the billing cycle. During my Draw Period, if my Principal Balance changes because I take a Draw and/or Fees are charged. to my Account or if my Annual Percentage Rate changes (other than an adjustment resulting from the expiration of an Introductory Rate), my Current Payment will be adjusted at the end of the billing cycle in which the change occurs to an amount that would amortize my Principal Balance and the Finance Charge to be earned on my Principal Balance in substantially equal amounts each billing cycle over my Assumed Term; however, the due date of any balloon payment below will remain the same. During the Repayment Period, each time my Annual Percentage Rate is adjusted or an advance is made from my Account pursuant to this Agreement, my Current Payment will also be adjusted to an amount that would amortize my Principal Balance and the Finance Charge to be earned over the remainder of my Assumed Term; however, the due date of any balloon payment below will remain the same. If the Current Payment determined under either payment option above is less than $ 50.00 , my Current Payment will equal $ in _ nn or the New Balance shown on my Monthly Statement, whichever is less. ? Balloon Payment. If I only make the required Current Payments on my Account, they will not be sufficient to repay my Total Balance. I will then be required to pay my remaining Total Balance in a single "Balloon Payment" on w f,, SEE ADDITIONAL PAGES FOR IMPORTANT"INFORMATION ??/j? UNXF51 (10.17-04) HELOC Agreement (3-4) Page 3 . Borrowees Initial:'/ v AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (con't) Allocation of Payments. Account payments will be applied first to any Late Fee, then to any Returned Check Fee, any credit life insurance premiums billed (where applicable), any credit involuntary unemployment insurance premiums billed (where applicable), then to finance charges assessed on my Account, and finally to the Principal Balance of my Account, unless otherwise required by law. Credit Insurance premiums are billed as of the Billing Cycle Closing Date as defined in Section 12 below. Form of Payments. I must make my payments by check, money order, or similar instrument payable in U.S. funds and drawn on a financial institution located in the U.S. I may not mail Lender cash or use a Check (see Section 7 above) to pay Lender; however, I may make my payments in cash in person at any of Lender's offices. 1 agree not to send Lender payments marked "paid in full," "without recourse," or similar language unless those payments are marked for special handling and sent to Lender's office servicing my Account. Where to Send My Payments. I must send my payment to Lender's Address listed on my Monthly Statement. Payments that Lender receives at Lender's Address by 3 PM each business day will be credited to my Account as of the date of receipt. Payments that Lender receives at Lender's Address after this time will be treated as received by Lender on the next business day. Payments received at any other location will be credited no later than five (5) days after Lender receives them to be credited. I will be sure to include my payment coupon with my payment. If I fail to include my payment coupon, my payment may not be credited to my Account for up to five (5) days. Delayed crediting may cause me to incur a Late Fee and/or additional finance charges. 12. Monthly Statements. Lender will bill me for payments due on my Account, every month, by sending: me a billing statement, called a Monthly Statement. The period of time covered by each Monthly Statement is called a "Billing Cycle." My first Billing Cycle begins on the Date of Agreement. The last day of each Billing Cycle is called the "Billing Cycle Closing Date" Each Monthly Statement will show the activity on my Account during the Billing Cycle. The day of the month when each payment will be due is shown after the words "Payment must be received on or before" (the "Payment Due Date'). Each Monthly Statement will show the Billing Cycle Closing Date, the Payment Due Date for the Billing Cycle, and certain other required information. Lender will send each Monthly Statement to the Borrower's address listed at the top of page 1 of this Agreement, called "Borrower's Address." When Lender Will Send My Monthly Statements. Lender will send me a Monthly Statement for each Billing Cycle-in-which: (1) Lender charges a Finance Charge; (2) Lender charges a Fee; (3) there is any other activity on my Account; or (4) the law requires that Lender send me a Monthly Statement. Billing Errors. I should review each Monthly Statement carefully and advise Lender in writing. of any errors within sixty (60) days of the Billing Cycle Closing Date, as more fully explained on the Billing Rights Statement that accompanies this Agreement. 13. When Lender May Prohibit Subsequent Draws or Reduce My Credit Limit. To the extent permitted by applicable law and as provided in the Agreement, Lender may prohibit Subsequent Draws or reduce my Credit Limit if: (a) The value of the Property decreases significantly below the appraised value of the Property. The appraised value of the Property is the value shown by Lender's most recent appraisal of the Property (the "Appraised Value'); or (b) Lender reasonably believes that I will be unable to make my Minimum Payments on time because of a material adverse change in my financial circumstances; or (c) I am in default of a material obligation under this Agreement. A material obligation includes, but is not limited to, my promise: (i) to notify Lender immediately should there be an adverse change in my credit or financial condition; (ii) to give Lender updated financial or credit information upon request; (iii) not to permit any lien to be filed against the Property that will be superior to Lender's Security Interest; and (iv) not to exceed my Credit Limit; or (d) Government action: (i) prevents Lender from charging any Annual Percentage Rate provided under this Agreement; or (ii) adversely affects the priority of Lender's Security Interest in the Property to the extent that the value of Lender's Security Interest is less than 120% of my Credit Limit; or (e) When the maximum Annual Percentage Rate under this Agreement is reached; or (f) Lenders' regulators consider Subsequent Draws to be an unsafe and unsound lending practice; or (g) I ask Lender to reduce or limit my Subsequent Draws; or (h) Any event listed in Section 15 below occurs. How.to Reinstate My Account. Lender will reinstate my Account during the Draw Period if: (1) 1 ask tender in writing to reinstate; (2) 1 pay any credit report fees and any appraisal fee Lender incurs to update Lender's credit information about me; (3) Lender agrees that the reason that caused Lender to prohibit Subsequent Draws or reduce the Credit Limit no longer exists; and (4) there is no other reason for Lender to prohibit Subsequent Draws or reduce my Credit Limit. Lender may require that all Borrowers sign any request to reinstate. 14. Required'; Property Insurance. I am required to -maintain hazard, insurance on the Property: in types,and. amounts acceptable toLender ("Required Insurance'). I have the option of providing;the Required Insurance through an existing policy of insurance owned -or controlled by me, or through a policy to be obtained and paid for by me. I may purchase this Required Insurance through any insurer, insurance agent or broker of my choice that is acceptable to Lend r. Lender may for reasonable cause decline any insurance provided by me. Required insurance is not available for purchase through Lender. Required Insurance must: (a) insure the Property against all risks of physical damage, including loss by fire and other hazards. for the term of the Agreement; (b) have terms and amounts satisfactory to Lender, (c) name Lender as loss payee or mortgagee; (d) not permit the addition of any other loss payee or mortgagee to the insurance policy unless Lender consents in writing; (e) provide that such insurance will not be canceled or modified without at least fifteen (15) days prior written notice to the loss payee or mortgagee; and (f) not include any disclaimer of the insurer's liability for failure to give such notice. I agree to provide Lender with satisfactory proof of my Required Insurance. I agree to keep my Required insurance in force until all amounts that 1 owe, Lender under this Agreement and'the Security. Instrument are paid in full, my Account is terminated, and Lender releases or discharges the Security Instrument. In case of damage to or loss of the Property, I agree to give prompt notice to Lender and the insurance carrier. If 1 fail to promptly notify or make proof of loss to the insurance carrier, Lender may (but is not required to) do so on my behalf. I agree that Lender may use any insurance proceeds to reduce the amounts that I owe under this Agreement and the Security Instrument. I authorize Lender to adjust my losses and sign my name to any check, draft, or other papers necessary to obtain such insurance payments. If insurance proceeds paid to Lender do not satisfy all amounts that i owe Lender under this Agreement and the Security Instrument, I remain responsible. for payment of the balance of any amounts due under this Agreement and the Security Instrument. SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION UNXH2 (10-1704) HELOC Agreement (3-4)+ Page 4 Borrowers Initials 11*0rl rt` AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (con't) If, at any time, I fail to buy or keep in force my Required Insurance, Lender may (but is not required to) purchase insurance at my expense to protect Lender's interest in the Property. I agree that Lender may, at its sole option, cancel this insurance and that Lender has a security interest in any unearned premiums from such insurance and I hereby assign to Lender any rights I may have to said unearned premiums and I authorize and appoint Lender as my attomey-in-fact to cancel the insurance and apply the unearned premiums to reduce my Account upon cancellation of said insurance. I agree that this insurance may, but need not, protect my interests. The coverage purchased by Lender may not pay 'any claim I make. I agree that the cost of insurance purchased by Lender may be much more than the cost of insurance I could have obtained on my own, and I agree that the cost of such insurance may, to the extent permitted by law, be added to my Principal Balance and accrue finance changes. I authorize Lender to purchase the insurance required by this Agreement. I understand that Lender or its affiliate may earn a profit from the purchase of this insurance, to the extent permitted by applicable law. 16. Default. To the extent permitted by applicable law, I will be in default of this Agreement if (a) I file for, or my creditors place me in, bankruptcy and 1 fail to meet the repayment terms of this Agreement; or (b) I do not make any Minimum Payment by the Payment Due Date or otherwise fail to meet the repayment terns provided for in this Agreement; or (c) I commit fraud or materially misrepresent any information with regard to; my Account, including,. but not-limited to, material misrepresentations in my credit application, financial statements that I make to Lender, or any correspondence or discussions that I have with Lender about my Account; or (d) Any action or inaction by me adversely affects Lender's Security lnterestiin the Property, for example, (i).I,transfer title to the Property or sell the Property without Lenders prior written permission; (il) I do not maintain Required Insurance on the Property; (iii) I do not pay, when due, taxes that would become a lien on the Property; (iv) 1 am the only Borrower and I die; (v) I do not maintain the Property, I abandon the Property or I commit waste or otherwise destructively use the Property; (vi) a lien that is superior to Lender's Security Interest is filed against the Property, or a lien that is subordinate to Lender's lien is filed against the Property and that lien adversely effects the Property or Lender's rights in the Property; (vii) the Property is taken by condemnation or eminent domain; (viii) the Property is foreclosed upon by another lien holder, (ix) another creditor attempts to enforce a judgment against the Property; (x) I use the Property illegally such that the Property could be seized; or (xi) I move out of the Property; or (e) One of two Borrowers dies and Lender's Security Interest is adversely affected thereby: (For Kansas residents only, Lender believes the preceding events would significantly impair the prospect of payment, performance; or realization of collateral. Except for a default resulting from my failure to make any payment as required by this Agreement, the burden of establishing the prospect of such significant impairment is on the Lender.) If I default, Lender may, subject to providing required notices and right to cure, (i) prohibit Subsequent Draws and (ii) reduce my Credit Limit and (iii) close my Account and require me to pay Lender the Total Balance right away and (iv) foreclose on my Property. If I default and Lender hires an attorney who is not Lender's employee to collect my Account, I will pay Lender's collection costs, including court costs and foreclosure costs and reasonable attorney's fees, to the extent permitted by applicable law. All of Lender's rights and remedies shall be cumulative and nonexclusive with` respect to each and every Borrower or Co-Borrower obligated under this Agreement. 16. When Lender May Close My Account. If l am in default, Lender may close my Account and require 'me to pay the Total Balance immediately, after providing me any notice of default and opportunity to cure required by applicable law. If I am in default, Lender first may choose to take other action, such as prohibiting Subsequent Draws or reducing my Credit Limit; however, unless Lender reinstates my Account, Lender does not give up Lender's right to close my Account and require me to pay Lender the Total Balance immediately, even if I do not default again. If Lender closes my Account and requires me to pay Lender the Total Balance right away, I must pay the Total Balance I owe Lender immediately. Until I pay Lender in full, the Principal Balance will continue to accrue finance charges at the rate disclosed in this Agreement, or the maximum rate allowed by applicable law, whichever is less. 17. Closing My Account. Except as otherwise provided in this Agreement, I may close my Account at anytime by calling Lender at Lender's Telephone Number and sending a written request to Lender's Address. Lender will close my Account when Lender receives my notice. If more than one person signs this Agreement as a Borrower, any Borrowers request to close the Account will be treated as a request to close this Account by all Borrowers. Lender may not honor any Check Lender receives after Lender receives my notice. If I close my Account, I. must stop using it immediately and pay the Total Balance I owe Lender. Until I pay Lender in full, Lender will charge finance charges on the Principal, Balance of my Account. 18. Credit Information. I must notify Lender immediately if there is any adverse change in my credit or financial condition. I will provide Lender with updated financial or credit information when Lender requests it. Lender may get consumer reports from consumer reporting agencies when Lender reviews my Account. 19. Notices. Lender will send me any notice required by this Agreement or by law to Borrower's Address. I will tell Lender in writing if Borrower's Address changes. If Lender mails me a letter, notice, or statement to Borrower's Address, Lender can assume that I have received it. If I send Lender a notice or letter, I must send it to Lender's Address or any other address Lender specifies in my Monthly Statement. 20. Tax Deductions. Lender has made no promises to me nor advised me in any way whether the Finance Charges and Fees are "interest" that I may deduct on my tax returns. I should consult a tax advisor about deducting Finance Charges and Fees on my tax returns. 21. No Transfer. I will not transferor assign any of my rights under this Agreement. Lender may transfer or assign-any or all of Lender's rights under this Agreement. 22. Telephone Calls. Lender may listen to or record Lender's telephone calls with me for quality control purposes. Lender may use and I consent to the use of automated telephone equipment or prerecorded telephone calls to contact me about my Account, to the extent allowed by law. If I have a telephone answering device, Lender may leave messages about my Account or about additional opportunities and promotions on this device. 23. No Waiver. Lender may choose to delay enforcing any of Lender's rights or waive any of Lender's rights under this Agreement. Lender may delay enforcing or waiving any of Lender's rights without affecting Lender's other rights. If Lender waives a right, Lender can still enforce the same right later. SEE ADDITIONAL PAGES FOR IMPORTANT'INFORMATION UNXT31.(6-1-03)HELMOAgri.m (5.6) Pages BOrMWEl's.lnifials::A`//L:, AMERICAN' GENERAL HOME EQUITY LINE OF CREDIT-AGREEMENT (conl) 24. Lender's Errors. Lender does not intend to charge or collect any interest; charge, or fee that is more than the law allows. If Lender charges or collects any amount over what the law allows, Lender will apply the excess amount first to the Principal Balance due on my Account as a partial prepayment without any Prepayment/Termination Fee. If I have paid my Account in full, Lender will refund any excess amount. If any part of this Agreement is finally determined to be unenforceable under any law, rule, or regulation, all other parts of this Agreement still are valid and enforceable. 26. How Lender May Change This Agreement. Subject to any state law requirements, Lender may change the terms of this Agreement if (a) I have already agreed to the change in this Agreement, (b) if I agree to the change in writing at the time Lender requests it, (c) if the change unequivocally will benefit me during the remaining term of this Agreement, or (d) if the change is insignificant (such as changes relating to Lenders data processing systems). 26. Entire Agreement This Agreement, together with all documents executed at the same time, contain the entire agreement of the parties concerning the subject matter hereof, and no party hereto has relied upon any representations except such as are specifically set forth herein. 27. Broker Representations. Borrower acknowledges that any broker involved in the transaction is not Lenders agent, and Lender is not bound by any of the brokers representations. 28. Release of Security. Lender is not obligated to release the Security Instrument on the Property unless there are no longer any amounts owing to Lender under this Agreement and unless I indicate to Lender in writing that I want to terminate my Account. 28. Not applicable: 30. Not applicable 31. Miscellaneous. I waive the defenses of presentment, notice of dishonor, and protest, if any, to the enforcement of this Agreement and any Security Instrument. Time is of the essence of this Agreement. If any provision of this Agreement shall be adjudged or deemed invalid, illegal, or unenforceable, such provision shall be deemed stricken from this Agreement and the remainder of the Agreement shall be construed as if such provision had never been included. Plural words shall be construed in the singular and singular words in the plural as their context may require, or as required to give effect to the terms of the Agreement. I agree to cooperate in executing any extension or statement of maturity of the Security Instrument securing this Agreement. 32. Arbitration Agreement and Waiver of Jury Trial. (See following, pages). The following notice applies if the proceeds of this loan will be applied.-in whole or substantial part to a purchase of goods from a seller who either refers consumers to the lender or who is affiliated With the lender by common control, contract, or, business arrangement: NOT1ce ANY HOLDER' OF THIS' CONSUMER' CREDIT` CONTRA?T, I& SUBJECT` TO ALL. CLAIMS, AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST; TH SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. UNXT32 (6.1_P ME=Agreernerk (5_M' Paget Borrowers lnNals. Y7/ At '" AMERICAN GENERAL HOME-Edirry LINE OF CREDIT AGREEMENT (con't) ARBITRATION. AGREEMENT AND WAIVER OF JURY TRIAL DESCRIPTION OF ARBITRATION. Arbitration is a method of resolving claims and disputes between parties without having to files lawsuit in court. It is a process in which both sides present their case to a neutral third person-the arbitrator--instead of a judge or jury, to resolve the dispute. TO THE FULLEST EXTENT PERMITTED BY LAW, BY SIGNING THIS AGREEMENT, BOTH LENDER AND I.ARE VOLUNTARILY WAIVING ANY RIGHT TO A JURY TRIAL OR JUDGE TRIAL OF ALL CLAIMS AND DISPUTES COVERED BY THIS ARBITRATION AGREEMENT ("this Arbitration Agreement'). CLAIMS.- AND DISPUTES COVERED. Except for those claims mentioned below under the heading "MATTERS NOT COVERED' BY ARBITRATION," Lender and I agree that either party may elect to resolve by BINDING ARBITRATION all claims and disputes between us ("Covered Claims'. This includes, but is not limited to, all claims and disputes arising out of, in connection with, or relating to: My loan from Lender today; any previous loan from Lender and any previous retail credit agreement ("Retail Contracr) whether open or closed-end, assigned to Lender, all documents, promotions, advertising, actions, or omissions relating to this or any previous loan or Retail Contract made by or assigned to Lender, any insurance product, service contract, or warranty purchased in connection with this or any previous loan or Retail Contract made by or assigned to Lender, any product or service offered to Lender's customers with any assistance or involvement by Lender, whether the claim or dispute must be arbitrated; the validity and' enforceability of this Arbitration Agreement and the Agreement, my understanding of them, or any defenses as to the validity and enforceability of the Agreement and this Arbitration Agreement; any negotiations between Lender and me-, ',the closing, servicing, collecting, or enforcement of any transaction covered by this Agreement-, any allegation of fraud or misrepresentation; any claim based on or arising under any federal, state, or local law, statute, regulation, ordinance, or rule; any claim based on state or federal property laws; any claim based on the improper disclosure of any information protected under state or federal consumer privacy laws; any claim or dispute based on any alleged tort (wrong), including intentional torts; and any claim for injunctive, declaratory, or equitable relief. COVERED CLAIMS AGAINST THIRD PARTIES. This Arbitration Agreement also covers any claim or dispute between me and any of Lenders employees, officers, agents, or directors; any of its affiliate corporations; any entities which provided insurance in connection with this or any previous transactions between me and Lender, any third parties that assigned Retail Contracts or other agreements to Lender, and any of the employees, officers, agents, or directors of such affiliates or third parties. Affiliate corporations are Lenders parent corporations, subsidiary corporations, and sister corporations. Some of Lenders affiliates are American General Finance Corporation, American General Financial Services, Inc., Merit Life Insurance Co., and Yosemite Insurance Company. In addition, if Lender becomes a party in any lawsuit thati have with any third party, whether through intervention by Lender or by motion made by me or any third party, all claims irrthat lawsuit between me and the third party will be subject to binding arbitration under this Agreement, provided that the third party is required to agree to resolve such claims by arbitration. MATTERS NOT COVERED BY ARBITRATION. I agree that Lender does not have to initiate arbitration before exercising lawful self-help remedies or judicial remedies of garnishment, repossession, replevin, or foreclosure, but instead may proceed in court for those judicial remedies (an "Excluded Collateral Lawsuit'. I may assert in court any defenses I may have to Lenders claims in such a lawsuit, but any claim or counter claim for rescission or damages I may have arising out of, relating to, or in connection with Lenders exercise of those remedies must be arbitrated. Instead of pursuing arbitration, either Lender or I also have the option to bring a lawsuit in court to seek to recover an amount which does not exceed the total sum of $5,000.00 (including costs and attorneys' fees), provided that no relief other than such recovery is requested in such lawsuit (an "Excluded Damages Lawsuit"). If an Excluded Damages Lawsuit is filed, the other party cannot require that the claims in that lawsuit be arbitrated. An Excluded Damages Lawsuit can be brought to recover money for myself or Lender only, not for any class or group of persons having similar claims. If such an Excluded Damages Lawsuit is filed by me or Lender, and any party to that lawsuit files an amendment, counterclaim, cross-claim, or third-party claim seeking to recover more than $5,000, then that claim, counterclaim, cross-claim, or third party claim must be arbitrated in accordance with the procedures set forth in this Arbitration Agreement. Neither I nor Lender shall be deemed to have waived any arbitration rights by the fact of having exercised any self-help or judicial remedies of garnishment, repossession, replevin, or foreclosure or by having filed any claims in court seeking to recover a total sum of $5,000.00 or less. ARBITRATION RULES AND PROCEDURES. A.- ARBITRATION FORUM AND RULES. The arbitration will be conducted under the rules and procedures of the National Arbitration Forum ("NAF') that are in effect at the time arbitration is started and under the rules set forth in this Arbitration Agreement. At my request, Lender wdl provide me a copy of the NAF Rules. If I lose my copy, Lender will give me another one if I ask for it. I may also obtain a copy of those rules by calling NAF at 1-800-474-2371 or by reviewing NAF's web-site at www.arb-fbrum.com. In the event that NAF is either unable, unwilling, or deemed not appropriate by a court to resolve a Covered Claim, or I object to the NAF for good cause, then Lender and I agree to submit all disputes to the American Arbitration Association ("AAA") for proceedings conducted pursuant, to the AAA's Commercial Rules and Expedited Procedures. In the event that AAA is either unable, unwilling, or deemed not appropriate by a court to resolve a Covered Claim, or I object to the AAA for good cause, then Lender and I agree to submit all disputes to JAMS for proceedings conducted under its Financial Services Arbitration Rules and Procedures. If there is a conflict between the rules of the NAF (or the AAA or JAMS) and this Arbitration Agreement, this Arbitration Agreement will govern. B. SELECTION OF ARBITRATOR.. NAF maintains lists of approved arbitrators. NAF will provide Lender and me each a list of seven (7) possible arbitrators. Lender and I will each have an opportunity to strike three (3) persons from that list. I will make the first strike, and Lender and I will alternate in making strikes after that. After the last strike, the remaining person shall then serve as arbitrator. C. STARTING ARBITRATION. Before I start arbitration, I agree to write to Lender at the address shown for Lender in this Agreement, unless I have received notice of a new address for Lender, and I agree to give Lender a reasonable opportunity to respond and resolve any errors. In my letter, I will give the following information: my name and account number, a description of my claim or dispute and why I believe Lender has made an error, the dollar amount of my claim or dispute, and a description of any other information I need from Lender. Before Lender starts an arbitration, it must write to me at my billing address; describe its claim or dispute; state the dollar amount of its claim or dispute; and give me a reasonable opportunity to resolve the claim or dispute. If a Covered Clain cannot be resolved in the foregoing manner, either Lender or I can start arbitration. Except as described in Paragiaph E below, nothing in this Arbitration Agreement shall limit the arbitrators ability to enforce any of my rights or impose any remedies available to me under any applicable consumer protection laws or regulations. To start an arbitration, Lender and I agree to follow the rules of the NAF (or, if applicable, the rules of the AAA or JAMS). D. COSTS OF ARBITRATION. The NAF, AAA, and JAMS all charge certain fees in connection with arbitration proceedings they conduct. I may have to bear some of these fees; however, if I am not able to pay such fees or think they are too high, Lender will consider any reasonable request to bear the cost. Lender will also bear any costs Lender is required to bear by law or the terms of any other agreement with me. Each party will also pay for its own costs, including fees for attorneys, experts, and witnesses, unless otherwise provided by law or by the terns of any other agreement between the parties, to the extent permitted by applicable law. E. CONDUCT OF PROCEEDINGS. In conducting the arbitration proceedings, the arbitrator shall be bound by the Federal Rules of Evidence; however, the federal or any state rules of procedure or discovery shall riot bind the arbitrator. The arbitrators findings, reasoning, decision, and award shall be set forth in writing and shall be based upon and be consistent with the law of the jurisdiction that applies to the loan or other agreement between Lender and me. The arbitrator must abide by all applicable laws protecting the attomey-client privilege, the attorney work product doctrine, or any other applicable privileges. SEE REVERSE SIDE FOR ADDITIONAL ARBITRATION TERMS OVA UWCR11 (1-13-02) HELOC Agreement (7-8) Page 7 Borrower's Initials ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL (con') F. ENFORCEMENT AND APPEAL OF DECISION. The decision and judgment of the arbitrator shall be final, binding, and.enforceable in any court having jurisdiction over the parties and the dispute; however, for Covered Claims involving more than $100,000, any party may appeal the award, at its own cost, except as provided by law, to a three-arbitrator panel appointed by the NAF, AAA, or JAMS, as the case may be. That panel will reconsider from the start any aspect of the initial award that either party asserts was incorrectly decided. The decision of the panel shall be by majority vote and shall be final and binding, except as provided below. The arbitrator's (or panel's) findings, decision, and award shall be subject to judicial review on the grounds set forth in 9 U.S.C. § 10, as well as on the grounds that the findings, decision, and award are manifestly inconsistent with the terns of this Arbitration Agreement and any applicable laws or rules. G. LIMITATION OF PROCEEDINGS. Lender and I further agree that the arbitrator will be restricted to resolving only the claims, disputes, or controversies between Lender and me and the other parties covered by this particular Agreement (and not by similar agreements). Arbitration is not available and shall not be conducted on a class-wide basis or consolidated with other claims or demands of other persons. I agree not to participate in a representative capacity or as a member of any class of claimants pertaining to any Covered Claim. H. LIMITATION OF ARBITRATOR'S AUTHORITY: The arbitrator may award punitive damages only under circumstances where a court of competent jurisdiction could award such damages. In awarding any punitive damages, the arbitrator must abide by all applicable state and federal laws regarding the amount of such damages, and the arbitrator must state the precise amount of the punitive damages award. The arbitrator must also conduct a post-award review of any punitive damages, allowing the parties the same procedural rights and using the same standards and guidelines that would apply in a judicial proceeding in the state where the arbitration is conducted. The arbitrator may award injunctive relief that would benefit either Lender or me in connection with resolving a Covered Claim between Lender and me, but the arbitrator may not award injunctive relief for the benefit of other persons or groups of persons who are not named parties to the arbitration proceeding. 1. LOCATION OF THE ARBITRATION. The arbitration will take place in the county where I live unless Lender and I agree to another location. If Lender and I agree, all or a portion of the arbitration proceedings can be conducted by telephone conference. J. ENFORCEMENT IN COURT. Nothing in this Arbitration Agreement shall prevent either Lender or me from enforcing all rights under this Arbitration Agreement if a Covered Claim is filed in court. K. FORUM SELECTION CLAUSE If either Lender or I need to file a lawsuit to enforce this Arbitration Agreement or to pursue claims that either may or may not be arbitratable under this Arbitration Agreement, the exclusive venue for that suit will be a state court located in the county where Lender's office is located or where I sign this Agreement, or in the federal court covering that county, unless the governing law requires suit to be filed in another location. Nothing in this paragraph shall prevent either Lender or me from enforcing its or my rights under this Arbitration Agreement R the Covered Claim is filed in court. ADDITIONAL INFORMATION. I may obtain additional information about arbitration by contacting the National Arbitration. Forum, Inc., at P.O. Box 50191, Minneapolis, Minnesota 55405. (800-474-2371 (Telephone)). (612-631-0802 (Fax)). www.arb-forum.com (e-mail). OTHER'IMPORTANT'AGREEMENTS. Lender and I agree: (a) This Arbitration Agreement does not affect any statute of limitations or claims of privilege recognized at law. (b) The loan and insurance transactions between Lender and me and other applicable parties are transactions involving interstate commerce, using.funds and other resources from outside the state. (c) The Federal Arbitration Act applies to and governs this Agreement. State arbitration laws and' procedures shall not apply to-this Agreement. (d) This Agreement applies to and runs to the benefit of Lender's and my assigns, successors: executors, heirs, and/or. representatives. (e) If any tern of this Arbitration Agreement is unenforceable, the remaining terms are severable and enforceable to the fullest extent permitted by law. (f) This Arbitration Agreement supersedes any prior arbitration agreement that may. exist between Lender and me and can only be modified in writing signed by the parties. (g) This Arbitration Agreement applies even if my loan has been cancelled, changed, modified, refinanced, paid in full, charged off, or discharged or modified in bankruptcy. I AGREE' TO READ THIS ARBITRATION AGREEMENT CAREFULLY, BECAUSE IT LIMITS' CERTAIN `OF-MY ?RIGHTS TO THE- EXTENT PERMITTED BY LAW, INCLUDING MY RIGHTS TO BRING A COURT ACTION, TO HAVE A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I HAVE READ AND RECEIVED A COPY OF THIS ARBITRATION AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS. AMERICAN"GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (con't) 33. Prepayment/Termination Fee. 0 If checked and if O I pay the Total Balance on my Account within 60. months after the Date of Agreement and (ii) I' terminate my Account, I agree to pay a prepayment/termination fee equal to 4.0.% of the amount of my original Credit Limit ("Prepayment/Termination Fee"). There will be no Prepayment/Termination Fee if (a) my Account is refinanced or consolidated by Lender or its affiliate; (b) my Account is prepaid with insurance proceeds; (c) my Account is prepaid as a result of 'lawsuit, foreclosure, or acceleration; (d) Lender disapproves a request for assumption and exercises its rights under a due on T -sale clause, and imposition of the Prepayment/Termination Fee is prohibited by applicable law; or (e) my Account is terminated more than 60 months after the Date of Agreement. n If checked; there will be no prepayment/termination fee: 34. Late Fee. If I fail to pay in full the Current Payment within 15 days after the Payment Due Date, Lender may charge a Late Fee equal to 10.00 % of the entire amount of..the payment. 35. Returned Check Fee. If I make a payment on my Account by a check or other: instrument that is returned to Lender unpaid for any reason, Lender may charge a Returned Check Fee of $ 20.00 . 36. Reconveyance Fee. Not applicable. 37. Due on Sale. If all or any part of the Property or any interest in it is sold or transferred without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by the Security Instrument; however, this option shall not be exercised if the exercise of this option by Lender is prohibited by federal law as of the date of the Security Instrument. If Lender exercises this option, Lender will give me notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If I fail to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on me. 38. Governing Law. The laws of the state where the Property is located and fbderaf law govern this Agreement. SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION PAXT11 (1-13-02) PA HELOC Agreement (9-10) Page 9 Borrower's Initials 44111 AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (con't) BY SIGNING BELOW,1 SIGNIFY THAT I HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE ARBITRATION AGREEMENT THAT PROVIDES, AMONG OTHER THINGS, THAT EITHER LENDER OR I MAY REQUIRE THAT CERTAIN DISPUTES BETWEEN US BE SUBMITTED to BINDING ARBITRATION. IF LENDER OR I ELECT TO USE ARBITRATION, WE AGREE THAT WE WILL HAVE THEREBY WAIVED OUR RIGHTS TO TRIAL BY JURY OR JUDGE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT THE DISPUTE WILL BE DECIDED 8Y AN ARBITRATOR, AND THAT THE DECISION OF THE ARBITRATOR WILL BE FINAL ARBITRATION WILL BE CONDUCTED PURSUANT TO THE RULES OF THE NATIONAL ARBITRATION FORUM, EXCEPT AS OTHERWISE PROVIDED IN THE ARBITRATION AGREEMENT. urwaBT (e-12-01) I agree that, as of the date first written above ("the Date of this Agreement', I have received and read a fully completed, legible copy of this Agreement, the Truth in Lending Insurance Disclosures, a copy of the Security Instrument, the Privacy Notice, and two copies of a Notice of Right to Cancel (if applicable), and agree to be bound thereby. CAUTION: IT IS IMPORTANT THAT I THOROUGHLY READ THE CONTRACT BEFORE I SIGN IT. x - `„ x vW ' LS. ss Borro WAYNE A MITTERMEIER x x L.S. Witness Co-Borrower x, LS. Co-Maker Print Name: x L.S. Co-Maker Print Name: PAXT12(1-13-02) PA H&OC Agreement (9-10) Page 10 C C '\ f.ia u ! ! ?" ?'? 7J Ar ? "'1' LAG'9 pp(1 S?nn (Space Abovsr his Line ror R rtfilig Data) OPEN-END MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES To Borrowers whose Revolving Line of Credit Agreement and Disclosure Statement provides for a Line of Credit not exceeding $50,000 and a Variable Rate feature, Notice to Borrower: This document contains provisions for a variable interest rate. THIS OPEN-END MORTGAGE ("Security Instrument") is given on DECEMBER 23, 2004. The mortgagor is WAYNE MITTERMEIER SINGLE MAN (Borrower"). (indicate martial status) This Security Instrument is given to which is organized and existing under the laws of Pennsylvania, and whose address is 125 GATEWAY DR STE 109, MECHANTrRAJJRG. PA 17050-2905 ("Lender). Borrower may incur indebtedness to Lender in amounts fluctuating from time to time up to the appraised value of the real estate secured under this Security Instrument, but not exceeding the Line of Credit set by Lender (initially $ 75000.00 ), which amount constitutes the maximum principal amount that may be secured at any one time under this Security Instrument. This debt is evidenced by Borrowers Home Equity Line of Credit Agreement and Disclosure Statement dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable as provided in the Note. This Security Instrument secures to Lender: (a) the. repayment of the debt evidenced by the Note, with interest, and;' all renewals,- extensions and modifications; (b) the payment of all other sums, with interest, advanced finder paragraph 7 to protect the security of this Security instrument; (c) the performance of Borrowers covenants and agreements' under this Security Instrument and the Note; and (d) the unpaid balances of loan advances made after this Security Instrument is delivered to the recorder for record. For this purpose, Borrower does hereby mortgage, grant and convey to ' Lender the following described property located in CUMBERLAND County, Pennsylvania: ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF EAST PENNSBORO IN THE COU NTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA' BEING MORE FULLY DESCRIBED IN A DEED DATED 06/07/1999 AND RECORDED 06/10/1999, AMONG THE LAND RECORDS OF T HE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 201 AND PAGE 399 PARCE L ID NO.: 09-15-1291-156 Prior Instrument Reference: Mortgage Book No. 1549 , Page 133 ; TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances or record. COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Cherges.. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. At the request of Lender, Borrower shall begin making monthly payments into an escrow account for the payment of yearly taxes, insurance and other yearly charges imposed upon the Property. 038-00028 PAX261 (6-1-03) Revolving Real Estate Mortgage Page 1 of 5 8Ki8 2FG'_? 141 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied as provided in the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner prescribed by Lender and on time directly to the person owed payment. Borrower shall promptly famish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly fumish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier' providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and 'shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to tt a sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that tte insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless the Note provides otherwise, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 15 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or' commit waste. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender agrees to the merger in writing. 038-00028 PAX262 (6-1-03) Revolving Real Estate Mortgage Page 2 of 5 5441 s`s 42 7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and tender's rights in the Property. Lender's actions may. include paying any sums secured by a lien' which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees actually incurred if and as permitted by applicable law, and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note' rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be;applied to the sums secured by this Security `Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fractions: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall :be paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails;''to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument whether or not then due. Unless the Note provides otherwise, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that. Borrower's interest in the Property under the terms of this Security instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommoaations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 038-00028 PAX263 (6-1-03) Revolving Real Estate Mortgage Page 3 of 5 D11 10 -r 143 F? -- = s 12. Loan Charges. If the loan secured by this Security Instrument. is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the)nterest 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 permuted 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. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requites use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender!when given as provided in this paragraph. 14. Governing Law; Severability. This Security instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event than any provision or clause of this Security Instrument or the Note conflicts with applicable law, such ('conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower, is sold or transferred and Borrower is not a natural person) without Lender's prior written consent,' Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised if the exercise of this option by Lender is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period if not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. if Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 17. Borrower's Right to Reinstate. To the extent required by applicable law, Borrower may have the right to have enforcement of this Security Instrument discontinued. Upon reinstatement by Borrower, this Security Instrument and the obligations secured thereby shall remain fully effective as if no acceleration had occurred. , if Borrower is in default due 18. Acceleration; Remedies. Except as provided in paragraph 16 to the occurrence of any of the events of default provided in the "DEFAULT; TERMINATION AND ACCELERATION BY LENDER" provision of the Note, Lender ! shall; give Borrower notice specifying: (a) the default; (b) the action required to cure the default; (c)' a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. If the default is not cured on or before the data specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without' further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees actually incurred if and as permitted by applicable law and costs of title evidence. 038-00028 PAX264 (6-1-03) Revolving Real Estate Mortgage Page 4 of 5 9 4 4 19. Lender in Possession; Assignment of Rents. Upon acceleration under paragraph 18 or abandonment of the Property; Lender (by judicially appointed receiver), shall be entitled to enter, upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by `Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, brit ! not limited to, receivers fees, premiums on receiver's bonds and reasonable attorneys' fees if and as permitted by applicable law, and then to the sums secured by this Security Instrument. Nothing herein contained shall be construed as constituting. Lender a "mortgagee in possession," unless Lender shall have entered into and shall remain in actual possession of the Property. 20. Release. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security Instrument. Borrower shall pay any recordation costs. 21. Advances to Protect Security. This Security Instrument shall secure the unpaid balance of advances made by Lender, with respect to the Property, for the payment of -taxes, assessments, insurance premiums and costs incurred for the protection of the Property`. 22. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security •Instrume Witnesses: / (Seal) GE M. OR, JR. Borro erWAYNE MITTERMEIER , (Seal) Borrower COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND ss: On this 23rd day of December 2004 , before me, TRACI A. GORSE undersigned officer, personally appeared WAYNE MITTERMEIER known to me (or satisfactorily proven) to be the PERSON whose NAME IS subscribed to the within instrum lid acknowledged that. HE executed the same for the purposes therein contained. N^i:arial Seal n1 hand and official seal, the day and year aforesaid. Traci A. Gorse. Notary Public Hampden Twp.. Cumberland Om"Y ;. A }eo. Si xpires: ( My Commission Expires Aug. 10. 200 otary Public of Pennsylvania CERTIFICATE OF RESIDENCE ?` I L r* R. BOOR, JR. , of A41E' ACAN GENERAL CONSUMER DISCOUNT COMPANY Mortgagee named in the foregoing mortgage, hereby certify that the correct residence address of said Mortgagee is itn? ii)Aj h'?hh tmis??&var .I -_s Lber 2!1!14_. ` ?''4,i 9 'I.3i17 2, A 0. 8-00028 P 265 d-1 -0 3 ) RevolviPig Real Rewe?ortgage Page 5 of 5 Exhibit B October 30, 2007 (10 pages) Law Offices of AUSTIN, BOLAND, CONNOR & GIORGI 44 North Sixth Street P. O. Box 8521 Reading, PA 19603 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage@abcglaw.com June 5, 2007 CERTIFIED MAIL/RETURN RECEIPT REQUESTED and Regular Mail/Certificate of Mailing Wayne A. Mittermeier 315 South Enola Drive Enola, PA 17025 Clemson N. Page, Jr., ext. 131 Tenant or Occupant 152 South Enola Drive Enola, PA 17025 Re: American General Financial Services, Inc., Mortgagee Wayne A. Mittermeier Mortgaged Premises:152 South Enola Drive, Enola, PA 17025 AGFS Account No. 18706166 Our file No. L07999-0034 To the above-named Mortgagor and Tenant or Occupant: The following is an ACT 91 NOTICE! TAKE ACTION TO SA"V'rE YOUR HOME FROM F ORECLOSUR]uU- j ! This is an official notice that the mortfzage on your property described below is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. 30376.1 Page 1 of 8 _.. -?, . ?. ?? ?? This notice explains how the program works. . To see if HEMAP can help, you must MEET WITH A CONS122 ffiR CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Cfounseling Agencies servingyour County are listed at the end of this Notice. If you have any questions, -you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869. The. HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP may be able to help save your home. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO EN ADJUNTO ES DE SUMA 1MPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUt:T3FS SER" ELEGIBLE PARA UN PRESTAMO POR EL PROGRAM LLAMADO "HOMEOW "?Z5 EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): MORTGAGED PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: Wayne A. Mittermeier 152 South Enola Drive, Enola PA 17756 18706166 ORIGINAL LENDER: American General Financial Services, Inc. CURRENT LENDER/SERVICER: American General Financial Services, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ME FROM F PAYMENTS. 30376.1 JRE AND HELP YOU MAKE Page 2 of 8 t i-' IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCIAL AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled a temporar,, stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS, IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-- If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of the designated consumer credit counseling agencies for the county in wbJ61y. the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise you lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Prognwn. To do so, you nusi fill out, sign and file a complete Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have the applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Financial Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. 30376.1 Page 3 of i i-I l t •r ? AGENCY ACTION-- Available` funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Financial Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. 1' Y• NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLEC THE T. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at 152 South Enola Drive, Enola, Cumberland County, PA 17756 is SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: April 2007 ........................................... $839.82 May 2007 ............................................. 839.82 Late Charges ............................................ 83.80 Legal Expense to Date : ................................... 62.88 TOTAL ARREARAGE AS OF 06/05/2007 .............. $13826.32 HOW TO CURE THE DEFAULT--You may cure this default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,826.32, PLUS ANY MORTGAGE PAYMENTS, LATE CHARGES AND OTHER COSTS WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made avable and sent to: Mr. George M. Book, Jr., Branch Manager American General Financial Services, Inc. 125 Gateway Drive, Suite 109 Mechanicsburg, PA 17050 30376.1 Page 4 of 8 "?:[ • - tk ?. ?, IF YOU DO NOT CURE THE DEFAULT-- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortga eg debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon THE MORTGAGED PREMISES. IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney`s :ees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by pa nng the total amount then past dude, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgages. Curing your default in the ,iauner sev forth' in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged properties could be held would be approximately 150 days from the date of this, Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of the Lender: American General Financial Services, Inc. Address: 125 Gateway Drive, Suite 109, Mechanicsburg, PA 17050 Phone Number: 717-697-6327 Fax Number: 717-697-2648 303761 Page 5 of VAt e ? ?e Contact Person: Mr. George M. Book, Jr., Branch Manager EFFECT OF SHERIFF'S SALE--You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy your residence. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-- You may not sell or transfer your mortgaged property to a buyers or transferees who will assume the mortgage debt, without the prior approval of the Lender, which will require as a minimum that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: - TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. - TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF - TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THIS DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES I'`v -W-; CALENDAR YEAR.) - TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. - TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. - TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR 30376.1 Page 6 of 8 COUNTY, PLEASE SEE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment if one has been entered against you and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving, this office will provide you with the name and address of the original creditor. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND HAVE SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT' A DEBT, BUT :RTY WHICH SURVIVED THE DISCHARGE IN Sincerely yours, AU$TIN, BAND, CONNOR & GIORGI CNP:p cc: Mr. George M. Book, Jr., Branch Manager American General Financial Services, Inc. Mechanicsburg, PA 30376.1 Page 7 of 8 a e, r. "'/ CUMBERLAND COUNTY Consumer Credit Counseling Service of Western PA, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 Community Action Commission 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 NOTE: Unless you notify this office within thirty (30) days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. if you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving, this office will provide you with the name and address of the original creditor. 30376.1 Page 8 of 8 CERTIFIECO, EIE 1A L: RECEIPT CERTIFIED MAIL AEC (Domestic Mail -:)PW No Insurance Coverage Provided) (Domestic Mail Only; 1Jo !z aurance Ci For delivery information visit our website at www.usps.com For delivery information visit our vebsite a P t $ N Postage $ os age NN S T ?. C3 Certified Fee 0 0 ? Certified Fee C3 Return Reciept:fes 3 mark &re 0' p Return Reciept Fee (Endorsement Required) O (Endorsement Required) qA Restricted Fee C3 Restricted Delivery Fee cO (Endorsement Required) ed) c0 0 (Endorsement Required) V ?Q -0 - t- & Fees l P t T $ Q J , b 3*a r-9 Total Postage & Fees age os ota m M Q nt To C3 serrtTO o Wayne A. Mittermeier C3 Tent__or_ Occu ant-------------------------------- ------------------------------------------------------ h S _- ------ an . o r PO PO,Apt. NO*515 South Enola Drive "at,- A pt. Na' or Box No. 7 orPOBoxNo.15Z. South Enola Drive - City, state, zif' iKi ;--- PX --17D-Z5---------------- c/ty srare,zf/ ola, PA 17025 se lor Inslwclon P9 Form 3800-June r PS Form:3800,JUIIP ',002 See Revet U.S. POSTAL SERVICE CERTIFICATE OF MAILING E., i`+tAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ?ROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi r 44 North Sixth Street, P.O. Box 8521 Reading, PA 19603 Onepiece of ordinary mail addressed to: Tenant or Occupant o 0 152 South Enola Drive Enola, PA 17025 1 ?S Form 3817, January 2001 r. Affix fe or met: post m Postm fee. S T.1 I T11 ? ? IL Ui ?4?V10 V Z si . i ?'' POSTAL SERVICE CERTIFICATE OF MAILING 'fir•.': * E USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ,'.,22'13E FOR INSURANCE-POSTMASTER $ :-sceived From: 1 - kustin, Boland, Connor & Giorgi 44 North Sixth Street P.O. Box 8521 Reading, PA 19603 z >ne piece of ordinary mail addressed to: O }Vayne A. Mittermeier 1 15 South Enola Drive Enola, PA 17025 i /STA 1 6 PostrZ* \ Q ?(-lere Z Z a a? ? ? J O 2IV :10 Affi: or r pos Pos fee. STA ? -k-11 .mow yy,f? A NIQ14 ,r?:- i=!irm 3817, January 2001 ?G o to c11 M p w N ,e rA:1. T_olt7 r Q1 _ N U., 1.' 4 V ;(1N9'I ..J a..P a as -? _n Yt Q - m4 c? N v 0 -- 0 J C3 O m O C3 y LO O co .?? -a -- r•'q i mom! .? o O 0 O W W - I Q O Z N Z •? O N Q V .` u OZ co x J ?r0 LL U 0 u? u}i ?y 0 I Z Y' 3 m F- z Z 0 M W J a O a z m z z F- W N iY 7 O, (fit r; V'j M U-) . ? Q' i --- --? m co r i O p O C3 co -0 mm m?l, m lmmwm o 0 N O c W M 0 W 0 l U E c O 7 0 U N X 0 2 X N Q Z J } N 0 a J O m m 0 a I F- M 0 z Z Z w d z _z F- Q W N ir D Q U 5 F VQ ?V - { y M LO W ? -r y? Y?' N, AGFS 15.09 Mech 16 FM AE G. (AM V. Miturar @r L07999'002n 717-,¢Awe BI4 37 262861 , 2361 P. 06 P 2/2 L GMe M. Book; Jr., hereby verify that Y am Manager of the Mechanicsburg, Pennsylvania branch office of American Oweral Financial Servicas, Inc named as plaintiff in the foregoing pleading, and tfiat In my capacity as -such ofcer t am. authorized to make thin Verification on the Plairnitr s behalf. I have read the fcweping pleading. The facts stated themin are true, correct and complete to #ro best of my larowledge information and belief. I make this verification subject to the provisions of IS Pa. C. S, §4904, which penalizes unaworCr falsification9 to authorities. '` ` ' 9 er 2007. .., .. ?e•'.??,l?.i 16953 f?Tip, erican General Financial Services, etc., Plaintiff. 610 372 2361 >> AOFS 1509 Moab V 616 0 k- a s (Am. Gen. v. Mittermeier L07999-0034) VERIFICATION of FACSIMILE SIGNATURE I, Clemson N. Page, Jr., Esquire, verify that I am a member in good standing of the Bar of the Supreme Court of Pennsylvania, and that I am engaged as counsel for American General Financial Services, Inc., named as Plaintiff in the foregoing pleading. I have prepared the foregoing Civil Complaint on the basis of information which my client has supplied to me, and verified the same. The facts stated therein are true, correct and complete to the best of my knowledge, information and belief. The facsimile Verification also attached to this pleading was forwarded to me by the authorized agent of the Plaintiff named therein, after review of a copy of the Complaint by facsimile, and is a true verification. I make this verification subject to the provisions of 18 Pa. C. S. § 4904, which penalizes unsworn falsifications to authorities, and further subject to the Attorney Disciplinary Rules of the Supreme Court of Pennsylvania. Dated: October 29, 2007. Cl?rhibi Pennsyl Attorney for Plaintiff. T'l ` 4l ^G 0 r CASE NO: 2007-06636 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN GENERAL FINANCIAL VS MITTERMEIER WAYNE A ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MITTERMEIER WAYNE A AKA WAYNE MITTERMEIER the DEFENDANT at 1626:00 HOURS, on the 8th day of November , 2007 at 152 SOUTH ENOLA DRIVE ENOLA, PA 17025 PAULINE MITTERMEIER by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharges Sworn and Subscibed to before me this So Answers: 18.00 14 .4 0 .58 10.00 R. Thomas Kline .00 42.98 11/13/2007 AUSTIN BOLAND CONNOR GIORGI By. day eputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06636 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN GENERAL FINANCIAL VS MITTERMEIER WAYNE A ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MITTERMEIER PAULINE the DEFENDANT , at 1626:00 HOURS, on the 8th day of November , 2007 at 152 SOUTH ENOLA DRIVE ENOLA, PA 17025 PAULINE MITTERMEIER 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 Sworn and Subscibed to before me this So Answers: 6.00 ?. .00 .00 J 10.00 R. Thomas Kline .00 16.00 11/13/2007 AUSTIN BOLAND CONNOR GIORGI By: °?-?-- day Depu yy Sheriff of A. D. CASE NO: 2007-06636 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN GENERAL FINANCIAL VS MITTERMEIER WAYNE A ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STACKPOLE MELVIN the DEFENDANT at 1626:00 HOURS, on the 8th day of November 2007 at 152 SOUTH ENOLA DRIVE ENOLA, PA 17025 by handing to PAULINE MITLERMEIER ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 r Service 00 ? ' Affidavit .00 ? Surcharge 10.00 R. Thomas Kline .00 ` 16.00 11/13/2007 Iy AUSTIN BOLAND CONNOR GIORGI Sworn and Subscibed to By: ?? before me this day Deputy Sheriff of A.D. AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L07999-0034 P.O. Box 8521 Reading, PA 19603 AGFS Acct. No. 18706166 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage ,abcglaw.com AMERICAN GENERAL FINANCIAL SERVICES, INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : No. 2007-6636 vs. CIVIL ACTION -- LAW WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIER, Real Owner, and Mortgage Foreclosure PAULINE MITTERMEIER and MELVIN Book 1992, Page 4141 et seq. STACKPOLE, Occupants, Defendants. PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of the Plaintiff, American General Financial Services, Inc., t/d/b/a American General Consumer Discount Company, and against Defendants Wayne A. Mittermeier a/k/a Wayne Mittermeier, Pauline Mittermeier and Melvin Stackpole, jointly and severally, and against the real property generally known as 152 South Enola Drive, Enola, Cumberland County, Pennsylvania 17025, by reason of said Defendants' failure to respond to the Plaintiff s complaint in mortgage foreclosure, and assess damages as follows: Damages per Complaint : ................ $86,070.21 Interest, 10/26/2007-12/26/2007 ............ 1,550.62 TOTAL ............................. $87,620.83 32774.1 -1- (Together with accruing interest at $25.42 per day from December 27, 2007 and the costs of this action). Attached hereto is a true and correct copy of the default notice mailed to the Defendant on November 28, 2007, by placement of the same in the United States mail, first-class postage prepaid. A copy of a Postal Service Form 3817 certificate of mailing is also attached. Taking into account the mailing date of the default notice, the Plaintiff asserts that the ten-day period prescribed by Pa. R. Civ. P. 237.1 has passed and judgment may now be entered as set forth above. The stated damages were computed from figures of record in this proceeding. Judgment is to be entered in rem only, and solely for purposes of proceeding with execution against the premises generally known as 152 South Enola Drive, Enola, Cumberland County, Pennsylvania 17025, and more fully described at Deed Book Volume 201, page 399 et seq., Cumberland County Records. The lien of said judgment shall relate back to December 29, 2004, the recording date of the Mortgage as defined in paragraph 6 of the Complaint in this proceeding. Dated: December 26, 2007. AUSTIN, BOLA191V, CONNOR & GIORGI By Clemson N. ge, Jr Attorney fo Information copy to: Mr. George M. Book, Jr., Branch Manager American General Financial Services, Inc. 125 Gateway Drive Suite 109 Mechanicsburg, PA 17050-2905 32774.1 -2- i AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L07999-0034 P.O. Box 8521 Reading, PA 19603 AGFS Acct. No. 18706166 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage@abcglaw.com AMERICAN GENERAL FINANCIAL SERVICES, INC., t/d/b/a AMERICAN ('d1~NM'P AT f'0'KT4ZT 1TifFR nTgrC)T TNTT COMPANY, Plaintiff, vs. WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIER, Real Owner, and PAULINE MITTERMEIER and MELVIN STACKPOLE, Occupants, Defendants. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PPNTNTCVT ?TANTTA No. 2007-6636 CIVIL ACTION -- LAW Mortgage Foreclosure Book 1992, Page 4141 et seq. NOTICE DATED NOVEMBER 28, 2007 To: Wayne A. Mittermeier a/k/a Wayne Mittermeier 152 South Enola Drive Enola, PA 17025 (Personally served by Sheriff at above address 11/08/2007, per return filed of record). Pauline Mittermeier 152 South Enola Drive Enola, PA 17025 (Personally served by Sheriff at above address 11/08/2007, per return filed of record). Melvin Stackpole 152 South Enola Drive Enola, PA 17025 (Personally served by Sheriff at above address 11/08/2007, per return filed of record). 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 32327.1 -1- TEN (10) DAYS FROM THE DATE OF THIS NOTICE (that is, on or before December 10, 2007), A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WIRE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 610-377-5400 or 800-990-9108 Clemson N. Wge, F quire Attorney for Plaintiff. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. IN THE EVENT YOU HAVE RECEIVED A DISCHARGE OF PERSONAL INDEBTEDNESS IN BANKRUPTCY PROCEEDINGS. THEN THIS COMMUNICATION IS TO BE CONSTRUED ONLY AS AN ACTION TO ENFORCE A LIEN AGAINST PROPERTY WHICH SURVIVES DISCHARGE IN BANKRUPTCY. Information copy to: Mr. George M. Book, Jr., Branch Manager American General Financial Services, Inc. 125 Gateway Drive Suite 109 Mechanicsburg, PA 17050-2905 32327.1 -2- r U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street, P.O. Box 8521 Reading, PA 19803 One piece of ordinary mail addressed to: Wayne A. Mittermeier, a/k/a Wayne Mi 01':, ,. el-6 152 South Enola Drive LISPS Enola, PA 17025 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor 8f Giorgi 44 North Sixth Street, P.O. Box 8521 Reading, PA 19803 One piece of ordinary mail addressed to: Pauline Mittermeier C ? _r 152 South Enola Drive GS a?? Enola, PA 17025 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street, P.O. Box 8521 Reading, PA 19803 One piece of ordinary mail addressed to: ()NN Nf T0 Melvin Stackpole 152 South Enola Drive p` 1 ?r Enola PA 17025 PS Form 3817, January 2001 A 0 P P ff A 0 P, P If F c P, F ff ?r ptlC?. M ' Yy ?( m r t y pr; tk ?i?IlAf prp(,i "k n' .. en?Mi i, k.l' ? r AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L07999-0034 P.O. Box 8521 Reading, PA 19603 AGFS Acct. No. 18706166 [6101374-8211 Fax [6101372-2361 E-mail: cnpage@aabcglaw.com AMERICAN GENERAL FINANCIAL SERVICES, INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff, : No. 2007-6636 VS. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIER, Real Owner, and PAULINE MITTERMEIER and MELVIN STACKPOLE, Occupants, Defendants. CIVIL ACTION -- LAW Mortgage Foreclosure Book 1992, Page 4141 et seq. VERIFICATION THAT THE DEFENDANTS ARE NOT IN THE ACTIVE MILITARY OR NAVAL SERVICE OF THE UNITED STATES OF AMERICA I, Clemson N. Page, Jr., Esquire, attorney for American General Financial Services, Inc., t/d/b/a American General Consumer Discount Company, hereby verify that, to the best of my knowledge, information and belief, after reasonable inquiry, neither Defendant Wayne A. Mittermeier, a/k/a Wayne Mittermeier, nor Defendant Pauline Mittermeier, nor Defendant Melvin Stackpole is on active duty in the military or naval services of the United States of America; said Defendants are therefore not under the protection of the Soldiers' and Sailors' Civil Relief Act 32777.1 -1- F of 1940, as amended. The Defendants' last known address, according to the Plaintiff s records, is 152 South Enola Drive, Enola, Cumberland County, Pennsylvania 17025. The Sheriff served the Defendants with initial process at that address on November 8, 2007. I make this Verification subject to the Attorney Disciplinary Rules of the Supreme Court of the Commonwealth of Pennsylvania and 18 Pa. C. S. § 4904, which penalizes unsworn falsifications to authorities. Dated: December 26, 2007. Information copy to: AUSTIN BOLAND CONNOR & GIORGI By Mr. George M. Book, Jr., Branch Manager American General Financial Services, Inc. 125 Gateway Drive Suite 109 Mechanicsburg, PA 17050-2905 32777.1 -2- R . .. ( l o Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Wayne A. Mittermeier a/k/a Wayne Mittermeier 152 South Enola Drive Enola, PA 17025 Re: American General Financial Services, Inc., t/d/b/a American General Consumer Discount Company, Plaintiff, vs. Wayne A. Mittermeier, a/k/a Wayne Mittermeier; Pauline Mittermeier, and Melvin Stackpole, Defendants, No. 2007-6636, Cumberland County Court of Common Pleas To the Above-Named Defendant: American General Financial Services, Inc., t/d/b/a American General Consumer Discount Company, Plaintiff in the above-captioned action, on this date has entered judgment against you in the Court of Common Pleas of Cumberland County, Pennsylvania, in the amount of $87,620.83, together with interest at the rate of $25.42 per day from December 27, 2007. Enclosed are true and correct copies of the following documents which the Plaintiff has filed with the Court: 1. Praecipe to Enter Judgment by Default, and 2. Affidavit re Soldiers' and Sailors' Relief Act. This Notice is given to you pursuant to Pa. R. Civ. P. 236. PROTHONOTARY OF CUMBERLANDCOUNTY By A/ P. 10ks Deputy Prothonota /4-1sh7 32623.1 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Melvin Stackpole 152 South Enola Drive Enola, PA 17025 Re: American General Financial Services, Inc., t/d/b/a American General Consumer Discount Company, Plaintiff, vs. Wayne A. Mittermeier, a/k/a Wayne Mittermeier; Pauline Mittermeier, and Melvin Stackpole, Defendants, No. 2007-6636, Cumberland County Court of Common Pleas To the Above-Named Defendant: American General Financial Services, Inc., t/d/b/a American General Consumer Discount Company, Plaintiff in the above-captioned action, on this date has entered judgment against you in the Court of Common Pleas of Cumberland County, Pennsylvania, in the amount of $87,620.83, together with interest at the rate of $25.42 per day from December 27, 2007. Enclosed are true and correct copies of the following documents which the Plaintiff has filed with the Court: 1. Praecipe to Enter Judgment by Default, and 2. Affidavit re Soldiers' and Sailors' Relief Act. This Notice is given to you pursuant to Pa. R. Civ. P. 236. PROTHONOTARY OF CUMBERLANDCOUNTY By Itit! P. " ALA Deputy Prothonotary /a/-21 9/07 32623.1 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Pauline Mittermeier 152 South Enola Drive Enola, PA 17025 Re: American General Financial Services, Inc., t/d/b/a American General Consumer Discount Company, Plaintiff, vs. Wayne A. Mittermeier, a/k/a Wayne Mittermeier; Pauline Mittermeier, and Melvin Stackpole, Defendants, No. 2007-6636, Cumberland County Court of Common Pleas To the Above-Named Defendant: American General Financial Services, Inc., t/d/b/a American General Consumer Discount Company, Plaintiff in the above-captioned action, on this date has entered judgment against you in the Court of Common Pleas of Cumberland County, Pennsylvania, in the amount of $87,620.83, together with interest at the rate of $25.42 per day from December 27, 2007. Enclosed are true and correct copies of the following documents which the Plaintiff has filed with the Court: 1. Praecipe to Enter Judgment by Default, and 2. Affidavit re Soldiers' and Sailors' Relief Act. This Notice is given to you pursuant to Pa. R. Civ. P. 236. PROTHONOTARY OF CUMBERLANDCOUNTY g3, 4 IC. prc6 e p u t y Prothonota /k/07 9/0 7 32623.1 AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L07999-0034 P.O. Box 8521 Reading, PA 19603 AGFS Acct. No. 18706166 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage@abcglaw.com AMERICAN GENERAL FINANCIAL SERVICES, INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-6636 VS. WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIER, Real Owner, and PAULINE MITTERMEIER and MELVIN STACKPOLE, Occupants, Defendants. CIVIL ACTION -- LAW Mortgage Foreclosure Book 1992, Page 4141 et seq. PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) TO THE PROTHONOTARY: Kindly issue a Wd of Execution in the above matter. As of December 20, 2007, the following damages are claimed: Damages per Judgment Documents: .................................... $87,620.83 Interest 10/26/2007 - 12/26/2007 ........................................ 1,550.62 TOTAL .......................................................... $89.171.45 (Together with all costs and interest from 12/27/2007 @ $25.42 per day). A CONNOR & GIORGI Dated: January 16, 2008. By 'Cleffi `on e, ? Esquire For Plai iff. 32827.1 levy upon and sail all righ+, -?i+le and 'inieresf ? WwYne A • Mi j*rrneler, 0,/V-/O- Wayne M1++errv?e1et, PhWine Mii?errne(er 4 Melvin SiocJ je 7-V) E 1,13 ?p C> t? Tl CO iF SLs oo 6? A.?pp? .* 0 S ov p(> d 0 0 00 0 fa CO, AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L07999-0034 P.O. Box 8521 Reading, PA 19603 AGFS Acct. No. 18706166 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage(uabcglaw.com AMERICAN GENERAL FINANCIAL IN THE COURT OF COMMON PLEAS, SERVICES, INC., t/d/b/a AMERICAN CUMBERLAND COUNTY, GENERAL CONSUMER DISCOUNT PENNSYLVANIA COMPANY, Plaintiff, No. 2007-6636 VS. CIVIL ACTION -- LAW WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIER, Real Owner, and Mortgage Foreclosure PAULINE MITTERMEIER and MELVIN Book 1992, Page 4141 et seq. STACKPOLE, Occupants, Defendants. LEGAL DESCRIPTION OF 152 SOUTH ENOLA DRIVE EAST PENNSBORO TOWNSHIP, PA 17025 ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, in accordance with the Plan of Lots for Arthur R. Rupley, dated April 5, 1968, prepared by Roy M. H. Benjamin, Professional Engineer, more particularly bounded and described as follows: BEGINNING at a point on the northeastern line of South Enola Drive, said point being 50.5 feet southeast of the corner of South Enola Drive and North Avenue, said point also being on the dividing line between Lots Nos. 9 and 10, Block C, on the hereinafter mentioned Plan of Lots; thence along said dividing line North 46 degrees 30 minutes East 150 feet to a point on the southwestern line -1- of First Alley; thence along the southwestern line of First Alley South 43 degrees 30 minutes East 25 feet to a point on the dividing line between Lots Nos. 8 and 9, Block C; thence along said dividing line and through the center of a partition wall separating the premises herein described and the adjoining premises on the southwest, South 46 degrees 30 minutes West 150 feet to a point on the northeastern line of South Enola Drive; thence along the northeastern line of South Enola Drive, North 43 degrees 30 minutes West 25 feet to a point, the place of BEGINNING. BEING Lot No. 9, Block C, on the Plan of Lots of Arthur R. Rupley, recorded in the Cumberland County Recorder's Office in Deed Book 6-Q, Page 600. Subject to easements, restrictions, and covenants of record, if any. Parcel Number: 09-15-1291-156. TO BE SOLD AS the property of Wayne A. Mittermeier, a/k/a Wayne Mittermeier. 32987.1 AUSTIN, BOLAND, CONNOR & GIORGI By C ems N. a Jr., Esquire For Plaintiff/Executing Creditor. -2- 41 AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L07999-0034 P.O. Box 8521 Reading, PA 19603 AGFS Acct. No. 18706166 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage(a abcglaw.com AMERICAN GENERAL FINANCIAL IN THE COURT OF COMMON PLEAS, SERVICES, INC., t/d/b/a AMERICAN CUMBERLAND COUNTY, GENERAL CONSUMER DISCOUNT PENNSYLVANIA COMPANY, : Plaintiff, No. 2007-6636 VS. WAYNE A. MITTERMEIER, a/k/a CIVIL ACTION -- LAW WAYNE MITTERMEIER, Real Owner, and Mortgage Foreclosure PAULINE MITTERMEIER and MELVIN Book 1992, Page 4141 et seq. STACKPOLE, Occupants, Defendants. MORTGAGORS' NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Dated: 92008. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 MERELY AS A PROCEEDING TO ENFORCE A VALID LIEN AGAINST PROPERTY WHICH LIEN SURVIVES BANKRUPTCY DISCHARGE. To: Wayne A. Mittermeier a/k/a Wayne Mittermeier 152 South Enola Drive Enola, PA 17025. Pauline Mittermeier 152 South Enola Drive Enola, PA 17025. Melvin Stackpole 152 South Enola Drive Enola, PA 17025 32836.1 Your real estate located at 152 South Enola Drive, Enola, Cumberland County, PA 17025, is scheduled to be sold at a Sheriff's Sale on Wednesday, June 11, 2008 at 10:00 A.M., prevailing time, at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, PA 17013, to enforce the court judgment of $89.171.45, plus interest and costs, obtained by American General Financial Services, Inc., t/d/b/a American General Consumer Discount Company, Plaintiff, against you. NOTICE OF OWNER'S RIGHTS: YOU MAY BE ABLE TO PREVENT THIS SALE 1. The sale will be canceled if you pay to American General Financial Services, Inc. the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call Clemson N. Page, Jr., Esquire, attorney for the Plaintiff, at 610-374-8211. 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. 4. You may need an attorney to help you assert your rights. The sooner you contact one, the better your chances of stopping or postponing the sale. (See notice on following page 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 or postponed, your property will be sold to the highest bidder. You may find out the bid price by contacting the Sheriff of Cumberland County at 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this mas happened, you may call the Sheriff of 32836.1 -2- Cumberland County at 717-240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale had 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 records 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 the property. A Schedule of Distribution of the money bid for the property will be filed by the Sheriff thirty (30) days after the sale. This Schedule will state who will be receiving the money. The money will be paid out in accordance with this Schedule unless exceptions (statements of reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of Distribution is filed. 7. You may also have other rights or defenses, or ways of getting your property 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 SET FORTH BELOW, TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 610-377-5400 or 800-990-9108 AUSTIN, BOLAND, CONNOR & GIORGI By CTlems'on N.-6g( Jr. For Plaintiff. 32836.1 -3- r AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L07999-0034 P.O. Box 8521 Reading, PA 19603 AGFS Acct. No. 18706166 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage@aabcglaw.com AMERICAN GENERAL FINANCIAL IN THE COURT OF COMMON PLEAS, SERVICES, INC., t/d/b/a AMERICAN CUMBERLAND COUNTY, GENERAL CONSUMER DISCOUNT PENNSYLVANIA COMPANY, Plaintiff, No. 2007-6636 VS. WAYNE A. MITTERMEIER, a/k/a CIVIL ACTION -- LAW WAYNE MITTERMEIER, Real Owner, and Mortgage Foreclosure PAULINE MITTERMEIER and MELVIN Book 1992, Page 4141 et seq. STACKPOLE, Occupants, Defendants. AFFIDAVIT PURSUANT TO PA. R. CIV. P. 3129.1 PLAINTIFF, American General Financial Services, Inc., t/d/b/a American General Consumer Discount Company, by its undersigned attorneys, sets forth as of January 16, 2008 the following information concerning the real estate known as152 South Enola Drive, Enola (East Pennsboro Township), Pennsylvania 17025: 1. Name and address of owner or reputed owner: Wayne A. Mittermeier a/k/a Wayne Mittermeier 152 South Enola Drive Enola, PA 17025 2. Name and address of each defendant in the judgment: 32839.1 0 r Wayne A. Mittermeier a/k/a Wayne Mittermeier 152 South Enola Drive Enola, PA 17025 Pauline Mittermeier 152 South Enola Drive Enola, PA 17025 Melvin Stackpole 152 South Enola Drive Enola, PA 17025 3. Name and address of every judgment creditor whose judgment is of record against the real property to be sold: American General Financial Services, Inc. t/d/b/a American General Consumer Discount Company 125 Gateway Drive_ Suite 109 Mechanicsburg, PA 17050-2905 4. Name and address of the last recorded holder of every mortgage of record against the real property to be sold: American General Financial Services, Inc. t/d/b/a American General Consumer Discount Company 125 Gateway Drive Suite 109 Mechanicsburg, PA 17050-2905 David Kennerly & Noble Ventures 6307 Valleybrook Drive Mechanicsburg, PA 17050 5. Name and address of every other person who has any record lien against the property: None. 32839.1 -2- 6. Name and address of every other person who has any record interest in the property, whose interest may be affected by the saleNone. 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest or potential interest in the property which may be affected by the sale: East Pennsboro School District 890 Valley Street Enola, PA 17025 Cumberland County Tax Claims Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Office 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Debbie Lupold, Tax Collector Township of East Pennsboro 98 South Enola Drive Enola, PA 17025-2796 I verify that the statements made in this Affidavit are true, correct and complete to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 which penalizes unsworn falsification to authorities. Dated: January 16, 2008 32839.1 AUSTIN, BOLAND, CONNOR & GIORGI 0 By C4 A 4 -q Clemson P e r., Esquire For Plaintiff. -3- r? L -. ... ? : ?. - . ?» ' ?'? q`?, i f'?;? -., WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6636 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN GENERAL FINANCIAL SERVICES, INC, t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff (s) From WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIR, real owner and PAULINE MITTERMEIER and MELVIN STACKPOLE, Occupants (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 $87,620.83 Interest 10/26/07 - 12/26/07 -- $1,550.62 L.L.$ 0.50 Atty's Comm % Atty Paid $193.98 Due Prothy $2.00 Other Costs Together with all costs and interest from 12/27/07 @$25.42 per day Plaintiff Paid Date: 1/22/08 1 P othonotary (Seal) By: Deputy REQUESTING PARTY: Name CLEMSON N. PAGE, JR., ESQUIRE Address: AUSTIN, BOLAND, COMNMOR & GIORGI 44 NORTH SIXTH STREET PO BOX 8521 READING, PA 19603 Attorney for: PLAINTIFF Telephone: 610-374-8211 Supreme Court ID No. 25616 ?, / AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L07999-0034 P.O. Box 8521 Reading, PA 19603 AGFS Acct. No. 18706166 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage(a),abcglaw.com AMERICAN GENERAL FINANCIAL SERVICES, INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-6636 VS. WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIER, Real Owner, and PAULINE MITTERMEIER and MELVIN STACKPOLE, Occupants, Defendants. CIVIL ACTION -- LAW Mortgage Foreclosure Book 1992, Page 4141 et seq. CERTIFICATE OF SERVICE UNDER PA. R. CIV. P. 3129.2 I certify that I served written notice of the rescheduled August 6, 2008 Sheriff's sale of the premises at 152 South Enola Drive, Enola, Cumberland County, Pennsylvania 17025, upon the parties in interest named below, by placing the same in the United States mail, first-class postage prepaid, on June 11, 2008, addressed as follows: Wayne A. Mittermeier a/k/a Wayne Mittermeier 152 South Enola Drive Enola, PA 17025 Pauline Mittermeier 152 South Enola Drive Enola, PA 17025 Melvin Stackpole 34591.1 -1- l 152 South Enola Drive Enola, PA 17025 American General Financial Services, Inc. t/d/b/a American General Consumer Discount Company 125 Gateway Drive Suite 109 Mechanicsburg, PA 17050-2905 David Kennerly & Noble Ventures 6307 Valleybrook Drive Mechanicsburg, PA 17050 East Pennsboro School District 890 Valley Street Enola, PA 17025 Cumberland County Tax Claims Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Office 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Township of East Pennsboro 98 South Enola Drive Enola, PA 17025-2796 Attached to this Certification are copies of Postal Service Form 3817 certificates of mailing. Dated: June 11, 2008. AUSTIN, BOLAND, CONNOR & GIORGI By For 34591.1 -2- U.S. POSTAL SERVICE CERTIFICATE OF MAILING " MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER E } T z Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street, P.O. Box 8521 a w Reading, PA 19803 S6 u? ''?" rl ?„ One piece of ordinary mail addressed to: Q t^ SQ .?? Q r„y 3UN(1-o t0 Melvin Stackpole 152 South Enola Drive Q? Enola PA 17025 ;? PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER m , Received From: .., Austin, Boland, Connor & Giorgi P +?r t v P $ 44 North Sixth Street P.O. Box 8521 C?` g 6ts ~ ry Reading, PA 19803 ' One Piece of ordinary mall addressed to: lV J q ?3LlNfl -? , Pauline Mittermeier SQ`? 152 South Enola Drive r Enola PA 17025 r PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING All co MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSUR4NCE_pOSTMgSTER po e v rn Re i d F PC fel 4 ce ve rom: n r O .i'2 Austin, Boland, Connor & Giorgi . Q . r Efl , a 44 North Sixth Street P O Box 8521 . . Reading, PA 19803 Q & rn One piece of ordnary mail addressed to: a- Wayne A. Mittermeier, a/k/a Wayne Mittermei .Q 4 •?j Q o LINO 152 South Enola Drive 0> 1 a Enola, PA 17025 L U$1? PS Form 3817, January 2001 r kz C3 fzi ,- ?r ' ! T U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street, P.O. Box 8521 Reading, PA 19603 ,. e One piece of ordinary mail addressed to: East Pennsboro School District. 890 Valley Street b? d Enola, PA 17025 F'S Form 4011, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street P.O. Box $521 Q Reading, PA 19603 ?D One piece of ordinary mW addressed to: 0 David Kennerly & Noble Ventures 6307 Valleybrook Drive Mechanicsburg, PA 17050 At or ? ?' C7 P( Is N c O G Cdr) LL .. ` fir' f1 ., < '-WNn ,- ;j t' r (j to _- o Z !t3 a,U (i6s, _m I! N YJ 11Nf1 d r_; t .Q rrev Y"rdJil PS Form 3517, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING ?a9?''y 0 8E USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT RVIDE FOR INSURANCE-POSTMASTER F E s ?.. :, Fi H x ' V 0 ?• 4 Received From: r 6U '4 i ?s _... Austin, Boland Connor & Gior i J 4 ? . , g ?w N 86 44 North Sixth Street, P.O. Box 8521 s a q? , a Reading, PA 19603 l7 ?? it ' r? r r .: J One piece of ordinary mail addressed to: 1-' 7 American General Financial Services Inc , . b 125 Gateway Drive, Suite 109 Mechanicsburg, PA 17050-2905 % PS Form 3817, January 2001 .I U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street, P.O. Box 8521 Reading, PA 19603 9 , One Piece of ordinary mail addressed to: Township of East Pennsboro 98 South Enola Drive Enola PA 17025-2796 ra rorm J8-1 /, January 2001 ($9' 0) SOZONn L VIE U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street P.O. Box 8521 Reading, PA 19603 QP One piece of ordinary mail addressed to: Domestic Relations Office l7 L:W--4 Z 13 South Hanover Street, P.O. Box 320 d,> Carlisle, PA 17013 '5 Ort, i?J a si ID J ON tit 00 Qy PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street P.O. Box $521 Reading, PA 19603 g 6 One Piece of ordinary mail addressed to: Q Cumberland County Tax Claims Bur z Cumberland County Courthouse O 1 -Courthouse Square ''d v Carlisle, PA 17013 - runn ,av r t, January zuu1 rli?.`z u .O ' L - C77 LPL V 7 3? s 1 1 _ '? 'OliNn orn , ?w s eV, -T M Z) e sus rn Cl) AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L07999-0034 P.O. Box 8521 Reading, PA 19603 AGFS Acct. No. 18706166 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage(a),abcglaw.com AMERICAN GENERAL FINANCIAL SERVICES, INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, No. 2007-6636 VS. CIVIL ACTION -- LAW WAYNE A. MITTERMEIER, a/k/a WAYNE : MITTERMEIER, Real Owner, and PAULINE : Mortgage Foreclosure MITTERMEIER and MELVIN Book 1992, Page 4141 et seq. STACKPOLE, Occupants, Defendants. PLAINTIFF'S PETITION TO LIST PROPERTY FOR SHERIFF'S SALE TO THE JUDGES OF THIS HONORABLE COURT: The Petition of Plaintiff American General Financial Services, Inc., by its undersigned attorneys and by authority of C.C.R.P. 206 and 208, hereby respectfully represents that: 1. Your Petitioner is the Plaintiff, American General Consumer Discount Company, a financing company with a branch office at 125 Gateway Drive, Suite 109, Mechanicsburg, Cumberland County, PA 17050-2905. 2. The Respondent is R. Thomas Kline, Sheriff of Cumberland County, Pennsylvania, who has indicated through a member of his staff, Real Estate Sergeant Jody S. Smith, no opposition to this Petition. 34734.1 -1- 3. This Petition concerns scheduling of the Sheriff's execution sale of certain real property generally known as 152 South Enola Drive, East Pennsboro Township, PA 17025 (the "Premises"), pursuant to a Writ of Execution duly issued in the mortgage foreclosure proceeding identified above. 4. In preparing for the said sale, which was initially scheduled for June 11, 2008, the undersigned, as counsel for your Petitioner, discovered that notices of sale had not been given to certain interested parties under Pa. R. Civ. P. 3129.2. 5. Accordingly, on or about June 6, 2008, the undersigned telephoned the Cumberland County Sheriff's Office to inquire about possible continuance dates for the subject Sheriffs sale. 6. A member of the Sheriff s staff named Claudia informed the undersigned that August 6, 2008 would be the continuance date best suited to your Petitioner's needs, and that the continuance would need to be requested in writing by fax transmission. 7. Attached hereto as Exhibit A and incorporated by reference is a true and correct copy of the fax message which the undersigned sent to the Sheriff's Office; however, in candor to the Court, no confirmation sheet is available to show that this message was actually transmitted. 8. On June 11, 2008, in reasonable reliance upon the belief that the Sheriff's sale had been duly postponed to August 6, 2008, the undersigned mailed notices, substantially in the form of Exhibit B attached hereto and incorporated by reference (with copies of Postal Service Form 3817 certificates of mailing), to all known parties interested in the Premises. 9. Also on June 11, 2008, the undersigned filed a Certificate of Service under Pa. R. Civ. P. 3129.2 simultaneously in the Offices of the Sheriff and the Prothonotary, attesting to the statement set forth in paragraph 8 above. 10. Upon receipt of the said certificate of service, the Sheriff s Office telephoned the undersigned to state that the faxed continuance request had either been misplaced or not received, and that the June 11 Sheriff's sale had therefore been stayed without further date. 11. Sergeant Smith of the Sheriff's office did admit that the Sheriff's office 34734.1 -2- had been experiencing difficulties with its fax machine, and that there was therefore a possibility that non-receipt of the continuance request was due to a technical error. 12. Your Petitioner believes and therefore asserts that the interests of justice would be served by permitting the Sheriff's sale of the Premises to go forward on August 6, 2008, because: (A) Notices under Pa. R. Civ. P. 3129.2 specifying that date have been mailed to all known parties in interest; (B) To the best of your Petitioner's knowledge, information and belief, no other interested parties have come forward in response to the sale advertising initially posted pursuant to your Petitioner's Writ of Execution, and (C) Under the circumstances, it would be unduly burdensome to require your Petitioner to re-issue a Writ of Execution and bear the expense and delay attendant upon such a result. WHEREFORE, your Petitioner respectfully requests that the Court enter an Order, substantially in the form submitted herewith, directing the Sheriff's Office to list the Premises for Sheriff's sale on August 6, 2008, at the appointed place and time. Dated: June 19, 2008. AUSTIN, BOLAND, CONNOR & GIORGI By C1 mso ge r. For Plaintiff. 34734.1 -3- Exhibit A June 19, 2008 (One page) Law Offices of AUSTIN, BOLAND, CONNOR & GIORGI 44 North Sixth Street P. O. Box 8521 Reading, PA 19603 [610] 374-8211 Fax [610] 372-2361 email: cnpage@abcglaw.com Clemson N. Page, Jr., ext. 131 June 6, 2008 FAX TRANSMISSION TO: Claudia FIRM: Cumberland County Sheriffs Office FAX NO. 717-240-6397 SUBJECT: American General v. Mittermeier et al., No. 2007-6636 MESSAGE: Dear Claudia... Confirming our telephone conversation of this afternoon, please continue the sheriff's sale in the above matter from June 11, 2008 to August 6, 2008, without further advertising. Please announce the continuance at the sale. Thank you very much. A Best regards, I em on age, ****************************************************************************** TO THE RECIPIENT: The information contained in this facsimile message is LEGALLY PRIVILEGED and CONFIDENTIAL and intended only for the use of the addressee named above. If you, the reader, are not the intended recipient, you are hereby notified that you should not further disseminate, distribute or copy this telecopy. If you have received this telecopy in error, please notify this office immediately by telephone at the number set forth above, and return the original to the address above by first-class mail. Return postage is guaranteed Exhibit B June 19, 2008 (8 pages) AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L07999-0034 P.O. Box 8521 Reading, PA 19603 AGFS Acct. No. 18706166 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage@ ,abcglaw.com AMERICAN GENERAL FINANCIAL SERVICES, INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, No. 2007-6636 VS. CIVIL ACTION -- LAW WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIER, Real Owner, and Mortgage Foreclosure PAULINE MITTERMEIER and MELVIN Book 1992, Page 4141 et seq. STACKPOLE, Occupants, Defendants. CREDITORS' NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Date of this Notice: June 11, 2008. TO: PARTIES NAMED ON ATTACHED DISTRIBUTION LIST: The real estate located at 152 South Enola Drive, Enola, Cumberland County, PA 17025, is scheduled to be sold at a CONTINUED Sheriff's Sale on Wednesday, August 6, 2008 at 10:00 A.M., prevailing time, at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, PA 17013, to enforce the court judgment of $89.171.45, plus interest and costs, obtained by American General Financial Services, Inc., t/d/b/a American General Consumer Discount Company, Plaintiff, against the Defendants named above. A legal description of the subject property is attached to this Notice. 34600.1 -1- Our records indicate that you may hold a mortgage or judgment or other claim against the subject property which may be affected, extinguished or divested by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff of Cumberland County, on a date specified by the Sheriff but not later than 30 days after the sale. Distribution will be made according to the schedule unless exceptions are filed thereto within 10 days after the Sheriff files the Schedule. If you have any questions regarding the type of lien or interest you hold, or about the effect of a Sheriff's sale upon your lien or interest, we urge you to CONTACT YOUR OWN ATTORNEY, because we cannot give you legal advice. AUSTIN, BOUND, CONNOR & GIORGI By. t; tthA n at Jr. Esquire Attorneys or Plaintiff 34600.1 -2- LEGAL DESCRIPTION OF 152 SOUTH ENOLA DRIVE EAST PENNSBORO TOWNSHIP, PA 17025 ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, in accordance with the Plan of Lots for Arthur R. Rupley, dated April 5, 1968, prepared by Roy M. H. Benjamin, Professional Engineer, more particularly bounded and described as follows: BEGINNING at a point on the northeastern line of South Enola Drive, said point being 50.5 feet southeast of the corner of South Enola Drive and North Avenue, said point also being on the dividing line between Lots Nos. 9 and 10, Block C, on the hereinafter mentioned Plan of Lots; thence along said dividing line North 46 degrees 30 minutes East 150 feet to a point on the southwestern line of First Alley; thence along the southwestern line of First Alley South 43 degrees 30 minutes East 25 feet to a point on the dividing line between Lots Nos. 8 and 9, Block C; thence along said dividing line and through the center of a partition wall separating the premises herein described and the adjoining premises on the southwest, South 46 degrees 30 minutes West 150 feet to a point on the northeastern line of South Enola Drive; thence along the northeastern line of South Enola Drive, North 43 degrees 30 minutes West 25 feet to a point, the place of BEGINNING. BEING Lot No. 9, Block C, on the Plan of Lots of Arthur R. Rupley, recorded in the Cumberland County Recorder's Office in Deed Book 6-Q, Page 600. Subject to easements, restrictions, and covenants of record, if any. Parcel Number: 09-15-1291-156. TO BE SOLD AS the property of Wayne A. Mittermeier, a/k/a Wayne Mittermeier. NOTICE DISTRIBUTION LIST Wayne A. Mittermeier a/k/a Wayne Mittermeier 152 South Enola Drive Enola, PA 17025 Pauline Mittermeier 152 South Enola Drive Enola, PA 17025 Melvin Stackpole 152 South Enola Drive Enola, PA 17025 American General Financial Services, Inc. t/d/b/a American General Consumer Discount Company 125 Gateway Drive Suite 109 Mechanicsburg, PA 17050-2905 David Kennerly & Noble Ventures 6307 Valleybrook Drive Mechanicsburg, PA 17050 East Pennsboro School District 890 Valley Street Enola, PA 17025 Cumberland County Tax Claims Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Office 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Township of East Pennsboro 98 South Enola Drive Enola, PA 17025-2796 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street P.O. Box 8521 Reading, PA 19803 One piece of ordinary mail addressed lo: Melvin Stackpole Q 152 South Enola Drive Enola, PA 17025 PS Form 3517, January 2001 pe }yf+W? a q? r? a7 k C? f C Yyt S ?p? [?' ?(^{ Ot 0 4 } S ?1?1 C CP 6 a. LL ' (? Ua ay r1. ^ i© cn ?`S?,Cj cv ?, V per, ? e Q? J e j f e' ` .e 1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING ?'?" ^•t a, w a . ur AY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ROVIDE FOR INSURANCE-POSTMASTER 2 C] Received From; Z O Austin, Boland, Connor 8e Giorgi 44 North Sixth Street P.O. gox 8521 6V 0 Reading, PA 19803 p N w o - at N < One piece of ordinary mail addressed to: ' 0?111%l11 0 Pauline Mittermeier d SQ') e. e e 152 South Enola Drive f Enola, PA 17025 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Al S3 m "- r1 C't 'AY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ROVIDE FOR INSURANCE-POSTMASTER po tv Ol 11 . Received From: fee 2 ?' r Austin, Boland, Connor 84 Giorgi ' ? ? ? f 44 North Sixth Street P.O. Box 8521 v G Reading, PA 19803 CJ S• p 0 + ar u_ One piece of ordinary mail addressed to: 2 N Wayne A. Mittermeier, a/k/a Wayne Mittermei c tnun 152 South Enola Drive E l PA no a, 17025 R.. PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street, P.O. Box 8521 Reading. PA 19603 One piece of ordinary mail addressed to: East Pennsboro School District Z 890 Valley Street d Enola, PA 17025 PS Form 35'11, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING AY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT ROVIDE FOR INSURANM-o -..V_. Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street P.O, Box 8521 Reading, PA 19603 One piece of ordinary mail addressed to: David Kennerly & Noble Ventures pb 6307 Valleybrook Drive , Mechanicsburg, PA 17050 Al P, f, M ¦ - csa or P C1 fer ?eGF p E t,? 4j c" p ?! cr' C EL E? r_' 0.< U- az ks :11Nn IS r ? Q ;G r ? ? CV C; 0 I ? a r- w cC o ar s? a LL O rn ) u 4? Cfi 4 ? ? M r G h (!Nn o 2' :i PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING r•. 0 'XI `- MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From; ?Z A= r ' Austin, Boland, Connor & Giorgi s J 'I {,t} 0. F. 44 North Sixth Street P.O, Bax 8521 , 86 s F Reading, PA 19603 @P sF Y' _ EL CT l9 .r+ a . One piece of ordinary mail addressed to: American General Financial Services, Inc. Qd, 125 Gateway Drive, Suite 109 1'•' Mechanicsburg, PA 17050-2905 y? PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street, P.O, Box 8521 Reading, PA 19603 One piece of ordinary mail addressed to: Township of East Pennsboro 98 South Enola Drive Enola, PA 17025-2796 wFri C "E'°" nE crr t toir C Ya n :,, yryiii AS AY C0 't t'! cr O ? i .: I?' C> yk ? ? tL u a C ?a11Nl1 r> L" t PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street P.O. Box 8521 8 Reading, PA 19603 aQ' One piece of ordinary mail addressed to: Domestic Relations Office Z 13 South Hanover Street, P.O. Box 320 6-? Carlisle, PA 17013 ct is (N 0R U 41 N Uj 0. ( ? rn `J u_ a at 2mU1 SO?11Ni1 G O g h dy r? s ti ' PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street P.O. Box 8521 Reading, PA 19603 866 One piece of ordinary mail addressed to: Q Cumberland County Tax Claims Bur si: ?..? Cumberland County Courthouse p 1 Courthouse Square ''ci• v Carlisle, PA 17013 t ` , u- o ? (S r CL 11'd !L N J cn O?'1Mf1 o c ;C% V a ra I-orm s0-11, January 2001 AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L07999-0034 P.O. Box 8521 Reading, PA 19603 AGFS Acct. No. 18706166 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage(cbabcglaw.com AMERICAN GENERAL FINANCIAL SERVICES, INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, No. 2007-6636 VS. CIVIL ACTION -- LAW WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIER, Real Owner, and PAULINE : Mortgage Foreclosure MITTERMEIER and MELVIN Book 1992, Page 4141 et seq. STACKPOLE, Occupants, Defendants. CERTIFICATE OF SERVICE I certify that I served a true and correct copy of the foregoing Petition upon the party named below, at the address set forth below, on June 19, 2008, by placing the same in the United States mail, first-class postage prepaid, addressed as follows: R. Thomas Kline, Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Dated: June 19, 2008. B y Clemson N. P , Jr. For Plaintiff. 34735.1 ell> `_ r'J 40 .1 AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L07999-0034 P.O. Box 8521 Reading, PA 19603 AGFS Acct. No. 18706166 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage(cabcglaw.com AMERICAN GENERAL FINANCIAL SERVICES, INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-6636 VS. WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIER, Real Owner, and PAULINE MITTERMEIER and MELVIN STACKPOLE, Occupants, Defendants. CIVIL ACTION -- LAW Mortgage Foreclosure Book 1992, Page 4141 et seq. SUPPLEMENTAL CERTIFICATE OF SERVICE UNDER PA. R. CIV. P. 3129.2 I certify that I served written notice of the rescheduled August 6, 2008 Sheriff s sale of the premises at 152 South Enola Drive, Enola, Cumberland County, Pennsylvania 17025, upon the party in interest named below, by placing the same in the United States mail, first-class postage prepaid, on June 20, 2008, addressed as follows: James E. Beard P. O. Box 424 Lewisberry, PA 17339 Attached to this Certification is a copy of Postal Service Form 3817 certificate of mailing. Dated: June 20, 2008. For AUSTIN, BOI/?,ND, CONNOR & GIORGI By r. 34616.1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street, P.O. Box 8521 Reading, PA 19603 One piece of ordinary mail addressed to: n ¢ nr James E. Beard ?, yt4 P. Q, Box 424 Lewisber PA 17339 6. ws , ` us'' PS Form 3817, January 2001 r r f?tt, C'> t? "'' ? ?r? 'l. , `__ ; t ?; ~? ??4 -^.. ? W? AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L07999-0034 P.O. Box 8521 Reading, PA 19603 AGFS Acct. No. 18706166 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpagena,abcglaw.com AMERICAN GENERAL FINANCIAL SERVICES, INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : No. 2007-6636 VS. CIVIL ACTION -- LAW WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIER, Real Owner, and PAULINE Mortgage Foreclosure MITTERMEIER and MELVIN Book 1992, Page 4141 et seq. STACKPOLE, Occupants, Defendants. PLAINTIFF'S PETITION TO LIST PROPERTY FOR SHERIFF'S SALE TO THE JUDGES OF THIS HONORABLE COURT: The Petition of Plaintiff American General Financial Services, Inc., by its undersigned attorneys and by authority of C.C.R.P. 206 and 208, hereby respectfully represents that: Your Petitioner is the Plaintiff, American General Consumer Discount Company, a financing company with a branch office at 125 Gateway Drive, Suite 109, Mechanicsburg, Cumberland County, PA 17050-2905. 2. The Respondent is R. Thomas Kline, Sheriff of Cumberland County, Pennsylvania, who has indicated through a member of his staff, Real Estate Sergeant Jody S. Smith, no opposition to this Petition. 34734.1 -1- I This Petition concerns scheduling of the Sheriff's execution sale of certain real property generally known as 152 South Enola Drive, East Pennsboro Township, PA 17025 (the "Premises"), pursuant to a Writ of Execution duly issued in the mortgage foreclosure proceeding identified above. 4. In preparing for the said sale, which was initially scheduled for June 11, 2008, the undersigned, as counsel for your Petitioner, discovered that notices of sale had not been given to certain interested parties under Pa. R. Civ. P. 3129.2. 5. Accordingly, on or about June 6, 2008, the undersigned telephoned the Cumberland County Sheriff's Office to inquire about possible continuance dates for the subject Sheriff's sale. 6. A member of the Sheriff's staff named Claudia informed the undersigned that August 6, 2008 would be the continuance date best suited to your Petitioner's needs, and that the continuance would need to be requested in writing by fax transmission. 7. Attached hereto as Exhibit A and incorporated by reference is a true and correct copy of the fax message which the undersigned sent to the Sheriff's Office; however, in candor to the Court, no confirmation sheet is available to show that this message was actually transmitted. 8. On June 11, 2008, in reasonable reliance upon the belief that the Sheriff's sale had been duly postponed to August 6, 2008, the undersigned mailed notices, substantially in the form of Exhibit B attached hereto and incorporated by reference (with copies of Postal Service Form 3817 certificates of mailing), to all known parties interested in the Premises. 9. Also on June 11, 2008, the undersigned filed a Certificate of Service under Pa. R. Civ. P. 3129.2 simultaneously in the Offices of the Sheriff and the Prothonotary, attesting to the statement set forth in paragraph 8 above. 10. Upon receipt of the said certificate of service, the Sheriff's Office telephoned the undersigned to state that the faxed continuance request had either been misplaced or not received, and that the June 11 Sheriff s sale had therefore been stayed without further date. 11. Sergeant Smith of the Sheriff's office did admit that the Sheriff's office 34734.1 -2- had been experiencing difficulties with its fax machine, and that there was therefore a possibility that non-receipt of the continuance request was due to a technical error. 12. Your Petitioner believes and therefore asserts that the interests of justice would be served by permitting the Sheriff's sale of the Premises to go forward on August 6, 2008, because: (A) Notices under Pa. R. Civ. P. 3129.2 specifying that date have been mailed to all known parties in interest; (B) To the best of your Petitioner's knowledge, information and belief, no other interested parties have come forward in response to the sale advertising initially posted pursuant to your Petitioner's Writ of Execution, and (C) Under the circumstances, it would be unduly burdensome to require your Petitioner to re-issue a Writ of Execution and bear the expense and delay attendant upon such a result. WHEREFORE, your Petitioner respectfully requests that the Court enter an Order, substantially in the form submitted herewith, directing the Sheriff's Office to list the Premises for Sheriff's sale on August 6, 2008, at the appointed place and time. Dated: June 19, 2008. AUSTIN, BOLAND, CONNOR & GIORGI By ;a--- Cit?nso _?V*ge r. For Plaintiff. 34734.1 -3- Exhibit A June 19, 2008 (One page) Law Offices of AUSTIN, BOLAND, CONNOR & GIORGI 44 North Sixth Street P. O. Box 8521 Reading, PA 19603 [610] 374-8211 Fax [610] 372-2361 email. cnpage@abcglaw.com June 6, 2008 FAX TRANSMISSION Clemson N. Page, Jr., ext 131 TO: Claudia FIRM: Cumberland County Sheriff's Office FAX NO. 717-240-6397 SUBJECT: American General v. Mittermeier et al., No. 2007-6636 MESSAGE: Dear Claudia... Confirming our telephone conversation of this afternoon, please continue the sheriff's sale in the above matter from June 11, 2008 to August 6, 2008, without further advertising. Please announce the continuance at the sale. Thank you very much. Best regards, TO THE RECIPIENT: The information contained in this facsimile message is LEGALLY PRIVILEGED and CONFIDENTIAL and intended only for the use of the addressee named above. If you, the reader, are not the intended recipient, you are hereby notified that you should not further disseminate, distribute or copy this telecopy. If you have received this telecopy in error, please notify this office immediately by telephone at the number set forth above, and return the original to the address above by first-class mail. Return postage is guaranteed Exhibit B June 19, 2008 (8 pages) AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L07999-0034 P.O. Box 8521 Reading, PA 19603 AGFS Acct. No. 18706166 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpagegabcglaw.com AMERICAN GENERAL FINANCIAL IN THE COURT OF COMMON PLEAS, SERVICES, INC., t/d/b/a AMERICAN CUMBERLAND COUNTY, GENERAL CONSUMER DISCOUNT PENNSYLVANIA COMPANY, Plaintiff, No. 2007-6636 VS. CIVIL ACTION -- LAW WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIER, Real Owner, and Mortgage Foreclosure PAULINE MITTERMEIER and MELVIN Book 1992, Page 4141 et seq. STACKPOLE, Occupants, Defendants. CREDITORS' NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Date of this Notice: June 11, 2008. TO: PARTIES NAMED ON ATTACHED DISTRIBUTION LIST: The real estate located at 152 South Enola Drive, Enola, Cumberland County, PA 17025, is scheduled to be sold at a CONTINUED Sheriff s Sale on Wednesday, August 6, 2008 at 10:00 A.M., prevailing time, at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, PA 17013, to enforce the court judgment of $ 9.171.45, plus interest and costs, obtained by American General Financial Services, Inc., t/d/b/a American General Consumer Discount Company, Plaintiff, against the Defendants named above. A legal description of the subject property is attached to this Notice. 34600.1 -1- Our records indicate that you may hold a mortgage or judgment or other claim against the subject property which may be affected, extinguished or divested by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff of Cumberland County, on a date specified by the Sheriff but not later than 30 days after the sale. Distribution will be made according to the schedule unless exceptions are filed thereto within 10 days after the Sheriff files the Schedule. If you have any questions regarding the type of lien or interest you hold, or about the effect of a Sheriff's sale upon your lien or interest, we urge you to CONTACT YOUR OWN ATTORNEY, because we cannot give you legal advice. AUSTIN, BOLAND, CONNOR & GIORGI By 06fijon VaC , J r Esquire Attorneys Plaintiff 34600.1 -2- LEGAL DESCRIPTION OF 152 SOUTH ENOLA DRIVE EAST PENNSBORO TOWNSHIP, PA 17025 ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, in accordance with the Plan of Lots for Arthur R. Rupley, dated April 5, 1968, prepared by Roy M. H. Benjamin, Professional Engineer, more particularly bounded and described as follows: BEGINNING at a point on the northeastern line of South Enola Drive, said point being 50.5 feet southeast of the corner of South Enola Drive and North Avenue, said point also being on the dividing line between Lots Nos. 9 and 10, Block C, on the hereinafter mentioned Plan of Lots; thence along said dividing line North 46 degrees 30 minutes East 150 feet to a point on the southwestern line of First Alley; thence along the southwestern line of First Alley South 43 degrees 30 minutes East 25 feet to a point on the dividing line between Lots Nos. 8 and 9, Block C; thence along said dividing line and through the center of a partition wall separating the premises herein described and the adjoining premises on the southwest, South 46 degrees 30 minutes West 150 feet to a point on the northeastern line of South Enola Drive; thence along the northeastern line of South Enola Drive, North 43 degrees 30 minutes West 25 feet to a point, the place of BEGINNING. BEING Lot No. 9, Block C, on the Plan of Lots of Arthur R. Rupley, recorded in the Cumberland County Recorder's Office in Deed Book 6-Q, Page 600. Subject to easements, restrictions, and covenants of record, if any. Parcel Number: 09-15-1291-156. TO BE SOLD AS the property of Wayne A. Mittermeier, a/k/a Wayne Mittermeier. NOTICE DISTRIBUTION LIST Wayne A. Mittermeier a/k/a Wayne Mittermeier 152 South Enola Drive Enola, PA 17025 Pauline Mittermeier 152 South Enola Drive Enola, PA 17025 Melvin Stackpole 152 South Enola Drive Enola, PA 17025 American General Financial Services, Inc. t/d/b/a American General Consumer Discount Company 125 Gateway Drive Suite 109 Mechanicsburg, PA 17050-2905 David Kennerly & Noble Ventures 6307 Valleybrook Drive Mechanicsburg, PA 17050 East Pennsboro School District 890 Valley Street Enola, PA 17025 Cumberland County Tax Claims Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Office 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Township of East Pennsboro 98 South Enola Drive Enola, PA 17025-2796 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street, P.O. Box 8521 Reading, PA 19803 One piece of ordinary mail addressed lo: Melvin Stackpole a. 152 South Enola Drive Enola, PA 17025 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi P 44 North Sixth Street P.O. Box 8521 Reading, PA 19803 D One piece of ordinary mail addressed to: d Pauline Mittermeier 152 South Enola Drive Enola, PA 17025 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street P.O. Box 8521 Reading, PA 19803 Q One piece of ordinary mail addressed to: Wayne A. Mittermeier, a/k/a Wayne Mittermei 152 South Enola Drive d Enola, PA 17025 zU ?II?ki w ? ti r , ?y u rte.. n o o?.teNn ? ?? C1 r. Y Q. Ri 8S AY c. ? a; u. I ? fl ? d ^. C?11NC1 o a ? 15Qy f Al " 0 . ??oo or tS', fat N I+ r-DC' cri U- i c 11N(1 0 ?? A a tc, ut 1? ray ?- A r? O CF) ?i J CF PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street, P.O. Box 8521 ,-" Reading, PA 19603 One piece of ordinary mail addressed to: East Pennsboro School District 890 Valley Street 4-? d Enola, PA 17025 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTESTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMAR Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street P.O. Box 8521 P Reading, PA 19603 One piece of ordnary mail addressed to: David Kennerly & Noble Ventures p6 6307 Valleybrook Drive Mechanicsburg, PA 17050 Al C? 1 ua or ?r?y Cl Is HIP rJ r? Ei N t?' ?, cwr Cr! C' (L Irv 4 C' CTJ LL CY) I' Cr. rr ?, < ?1°+1s \ C''NCt o Z Qom' • ? _ . c r z !" _., E la I 6S e . K a, O Uj • a° C) 0 A rv -? tINf1 o r 4ry Ci .w PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street P.O. Sox 8521 Reading, PA 19603 One piece of ordinary mail addressed to: American General Financial Services, Inc. i A- 125 Gateway Drive, Suite 109 Mechanicsburg, PA 17050-2905 c? CA x1 r_ N 4J'J i • U r a r.t 3 ni Z CY) a? oa u' a.,L dfi C c< r5 form 4511, January 2001 1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street, P.O. Box 8521 Reading, PA 19603 One piece of ordinary mail addressed to: Township of East Pennsboro 4 98 South Enola Drive Enola, PA 17025-2796 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street P.O. Box 8521 E Reading, PA 19603 aP One piece of ordinary mail addressed to: Domestic Relations Office ? ? 13 South Hanover Street, P.O. Box 320 Carlisle, PA 17013 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & Giorgi 44 North Sixth Street P.O. Box 8521 Reading, PA 19603 866 One piece of ordinary mail addressed to: Q Cumberland County Tax Claims Bur Z Cumberland County Court house p 1 Courthouse Square Carlisle, PA 17013 a C' I;i r or - G?i iP 'I cf O C i r ± iY ` Ck \rG?SOa1lhlf1 0 CD < Q m c? o }` .? cr <cr ^ {? Cat G7 , e r ' o L P Q td?? ? I U_ ? S ''A - cv . . SQ?1 1 ? 2 ? C% tNt C Kf h ? t' C? 03 r- /a4 Y ? J [ i { IL i P ?t l G' kr cy, U_ t? ?tp 431nan tC1 j• G ?s ?w r ?o+? PS Form U117, January 2001 AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L07999-0034 P.O. Box 8521 Reading, PA 19603 AGFS Acct. No. 18706166 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpagepabcglaw.com AMERICAN GENERAL FINANCIAL SERVICES, INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, No. 2007-6636 VS. CIVIL ACTION -- LAW WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIER, Real Owner, and PAULINE Mortgage Foreclosure MITTERMEIER and MELVIN Book 1992, Page 4141 et seq. STACKPOLE, Occupants, Defendants. CERTIFICATE OF SERVICE I certify that I served a true and correct copy of the foregoing Petition upon the party named below, at the address set forth below, on June 19, 2008, by placing the same in the United States mail, first-class postage prepaid, addressed as follows: R. Thomas Kline, Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Dated: June 19, 2008. B Y Y Clemson N. P , Jr. For Plaintiff. 34735.1 t' IR - r 1 1 JUN E 52008 r/ 1' AMERICAN GENERAL FINANCIAL SERVICES, INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT 1\!11 - • . > l.V1V1rH1V T , IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : No. 2007-6636 VS. CIVIL ACTION -- LAW WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIER, Real Owner, and PAULINE Mortgage Foreclosure MITTERMEIER and MELVIN Book 1992, Page 4141 et seq. STACKPOLE, Occupants, Defendants. ORDER NOW, this , Z t7 Kday of J W-rw- , 2008, upon consideration of the Plaintiff's within Petition to List Property for Sheriff s Sale, it is ORDERED, that the Plaintiff's said Petition is GRANTED; and, it is further ORDERED, that the Sheriff shall list the real property generally known as 152 South Enola Drive, East Pennsboro Township, Cumberland County, PA for execution sale on August 6, 2008, as provided in the Pennsylvania Rules of Civil Procedure and the Rules of this Court. BY THE COURT: J. 34737.1 -1- f- wo ;< .s q CD yam. LLi A w_. u LL- 4 cl-j c' J J i, AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L07999-0034 P.O. Box 8521 Reading, PA 19603 AGFS Acct. No. 18706166 [610] 374-8211 Fax [610] 372-2361 E-mail: cnnageRabeglaw.com AMERICAN GENERAL FINANCIAL SERVICES, INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, No. 2007-6636 vs. CIVIL ACTION -- LAW WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIER, Real Owner, and PAULINE Mortgage Foreclosure MITTERMEIER and MELVIN STACKPOLE, Book 1992, Page 4141 et seq. Occupants, Defendants. SUPPLEMENTAL CERTIFICATE OF SERVICE UNDER PA. R. CIV. P. 3129.2 (NO. 2) I certify that I served written notice of the rescheduled August 6, 2008 Sheriff's sale of the premises at 152 South Enola Drive, Enola, Cumberland County, Pennsylvania 17025, upon the party in interest named below, by placing simultaneous copies of the same in the United States mail, first-class postage prepaid and certified mail, return receipt requested, on June 24, 2008, addressed as follows, based on forwarding information provided by the United States Postal Service: Wayne A. Mittermeier, a/k/a Wayne Mittermeier 2226 Monroeville Road Monroeville, PA 15145-4010 Attached to this Certification is a copy of Postal Service Form 3817 certificate of mailing and certified mail receipts, indicating actual receipt by the adpessee on June 27, 2008. By Dated: June 30, 2008. A r. For P 34834.1 l? U.S. POSTAL SERVICE CERTIFICATE OF MAI MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES N ^ PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor & GiorcgI 44 North Sixth Street, P.O. Box 8521 Reading, PA 19603 One piece of ordinary mail addressed to: Wayne A. Mittermeier, a/k/a Wayne Mittermeier 2226 Monroeville Road Monroeville, PA 15145-4010 PS Form 3817, January 2001 r`- Ln ti r`- r-9 Ln rq m O O r3 Return Receipt Fee (Endorsement Required) C3 I C3 i? y? Total Postage $ Fees nJ Sent To Wayne A Mittermeier, a/k/a Wayne 0 s`heet, ...------ •--------------------- - C3 orPoa termeier Restricted Delivery Fee (Endorsement Required) r` cty si8Fr2S'liit'tf??iYla"Road-------------------- PS Form 3800. Augubt 2006 See Revetse for Insl ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Wayne A Mittermeier, a/k/a Wayne Mittermeier 2226 Monroeville Road Monroeville,-'PA 15145-4010 A: Signature x 13 Agent 13 ressee ,, ?8 red by P)l C. Aa-i f Deltd LWIA V 1 11D. Is#Ivery address different from Item 1? U Yes If YES, enter delivery address below: 13 No 3. Type led Mail ? rasa Mail ? Registered etum Receipt for Merchandise 13 Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) E3 Yes 2. ArtlcleNumber 7006 2150 0003 1517 2547 (Transfer from serv/celabeg PS Form 3811, February 2004 Domestic Return Receipt 1 o2sas 02-M-1 640 CPU Uj CA s? 2 C' +6:) U1 -{ 44. J wa ry v?v r . r ?Y C E ?,j G.i h ;v N i e, ?, CD 0 0 a- LL. Gi G 4a>27NR c; J ? ?, S.. r^, C`? czz, F?-- CD Cs? t S _ t "t7 l-? 7'V 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 AMERICAN GENERAL C D C is the grantee the same having been sold to said grantee on the 6TH day of AUG A.D., 2008, under and by virtue of a writ Execution issued on the 22ND day of JAN, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 6636, at the suit of AMERICAN GENERAL FINANCIAL SERV INC TBA AMERICAN GENERAL C D C against WAYNE A MITTERMEIER AKA WAYNE & PAULINE & MELVIN STACKPOLE is duly recorded as Instrument Number 200829088. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this Ga 7 day of lot A.D. c200 of Deeds k Gambols C *J* Calla, PA E*"00 RO A WW" dAn.2010 American General Financial Services, Inc. In the Court of Common Pleas of t/d/b/a American General Consumer Cumberland County, Pennsylvania Discount Company Writ No. 2007-6636 Civil Term vs Wayne A. Mittermeir, a/k/a Wayne Mittermeir, real owner and Pauline Mittermeir And Melvin Stackpole, Occupants David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on April 15, 2008 at 1906 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Pauline Mittermeir and Melvin Stackpole occupants, by making known unto Pauline Mittermeir and Melvin Stackpole personally, at 168 S. Enola Drive, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to them personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Wayne A. Mittermeir a/k/a Wayne Mittermeir, real owner, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sheriffs Sale and Description as NOT FOUND as to the defendant, Wayne A. Mittermeir. It was learned that Wayne A. Mittermeir is living in Monroeville, PA. Exact address is not available. Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 2008 at 1250 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 Wayne A. Mittermeir, a/k/a Wayne Mittermeir, real owner and Pauline Mittermeir and Melvin Stackpole located at 152 South Enola Drive, Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Pauline Mittermeir and Melvin Stackpole by regular mail to the last known address of Pauline Mittermeir and Melvin Stackpole at of 168 South Enola Drive, Enola, PA 17025. These letters were mailed under the date of April 17, 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 August 6, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Clemson Page, Jr., on behalf of American General Consumer Discount Company. It being the highest bid and best price received for the same, American General Consumer Discount Company, of 125 Gateway Drive, Suite 109, Mechanicsburg, PA 17050, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,111.79. Sheriffs Costs: Docketing $30.00 Poundage 21.80 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 28.80 Levy 15.00 Surcharge 40.00 Law Journal 401.00 Patriot News 404.96 Share of Bills 14.73 Distribution of Proceeds 25.00 Sheriffs Deed 40.00 $ 1,111.79 So Answers: k R. Thomas Kline, Sheriff B Real Estate ergeant .43.0 ?. X5393 AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L07999-0034 P.O. Box 8521 Reading, PA 19603 AGFS Acct. No. 18706166 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage(aabcglaw.com AMERICAN GENERAL FINANCIAL SERVICES, INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : No. 2007-6636 VS. CIVIL ACTION -- LAW WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIER, Real Owner, and Mortgage Foreclosure PAULINE MITTERMEIER and MELVIN Book 1992, Page 4141 et seq. STACKPOLE, Occupants, Defendants. AFFIDAVIT PURSUANT TO PA. R. CIV. P. 3129.1 PLAINTIFF, American General Financial Services, Inc., t/d/b/a American General Consumer Discount Company, by its undersigned attorneys, sets forth as of January 16, 2008 the following information concerning the real estate known a452 South Enola Drive, Enola (East Pennsboro Township), Pennsylvania 17025: 1. Name and address of owner or reputed owner: Wayne A. Mittermeier a/k/a Wayne Mittermeier 152 South Enola Drive Enola, PA 17025 2. Name and address of each defendant in the judgment: 32839.1 Wayne A. Mittermeier a/k/a Wayne Mittermeier 152 South Enola Drive Enola, PA 17025 Pauline Mittermeier 152 South Enola Drive Enola, PA 17025 Melvin Stackpole 152 South Enola Drive Enola, PA 17025 3. Name and address of every judgment creditor whose judgment is of record against the real property to be sold: American General Financial Services, Inc. A-1 t/d/b/a American General Consumer Discount Company 125 Gateway Drive. Suite 109 Mechanicsburg, PA 17050-2905 4. Name and address of the last recorded holder of every mortgage of record against the real property to be sold: American General Financial Services, Inc. t/d/b/a American General Consumer Discount Company 125 Gateway Drive Suite 109 Mechanicsburg, PA 17050-2905 David Kennerly & Noble Ventures 6307 Valleybrook Drive Mechanicsburg, PA 17050 5. Name and address of every other person who has any record lien against the property: None. 32839.1 -2- 6. Name and address of every other person who has any record interest in the property, whose interest may be affected by the saleNone. 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest or potential interest in the property which may be affected by the sale: East Pennsboro School District 890 Valley Street Enola, PA 17025 Cumberland County Tax Claims Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Office 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Debbie Lupold, Tax Collector Township of East Pennsboro 98 South Enola Drive Enola, PA 17025-2796 AUSTIN, BOLAND, CONNOR & GIORGI By r., Esquire For Plaintiff. I verify that the statements made in this Affidavit are true, correct and complete to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 which penalizes unsworn falsification to authorities. Dated: January 16, 2008 32839.1 -3- AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L07999-0034 P.O. Box 8521 Reading, PA 19603 AGFS Acct. No. 18706166 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage@abcglaw.com AMERICAN GENERAL FINANCIAL IN THE COURT OF COMMON PLEAS, SERVICES, INC., t/d/b/a AMERICAN CUMBERLAND COUNTY, GENERAL CONSUMER DISCOUNT PENNSYLVANIA COMPANY, Plaintiff, No. 2007-6636 vs. CIVIL ACTION -- LAW WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIER, Real Owner, and Mortgage Foreclosure PAULINE MITTERMEIER and MELVIN Book 1992, Page 4141 et seq. STACKPOLE, Occupants, Defendants. MORTGAGORS' NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Dated: , 2008. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 MERELY AS A PROCEEDING TO ENFORCE A VALID LIEN AGAINST PROPERTY. WHICH LIEN SURVIVES BANKRUPTCY DISCHARGE. To: Wayne A. Mittermeier a/k/a Wayne Mittermeier 152 South Enola Drive Enola, PA 17025. Pauline Mittermeier 152 South Enola Drive Enola, PA 17025. Melvin Stackpole 152 South Enola Drive Enola, PA 17025 328301 Your real estate located at 152 South Enola Drive, Enola, Cumberland County, PA 17025, is scheduled to be sold at a Sheriff's Sale on Wednesday, June 11, 2008 at 10:00 A.M., prevailing time, at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, PA 17013, to enforce the court judgment of $12..171.45, plus interest and costs, obtained by American General Financial Services, Inc., t/d/b/a American General Consumer Discount Company, Plaintiff, against you. NOTICE OF OWNER'S RIGHTS: YOU MAY BE ABLE TO PREVENT THIS SALE 1. The sale will be canceled if you pay to American General Financial Services, Inc. the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call Clemson N. Page, Jr., Esquire, attorney for the Plaintiff, at 610-374-8211. 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. 4. You may need an attorney to help you assert your rights. The sooner you contact one, the better your chances of stopping or postponing the sale. (See notice on following page 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 Sheriff's Sale is not stopped or postponed, your property will be sold to the highest bidder. You may find out the bid price by contacting the Sheriff of Cumberland County at 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this mas happened, you may call the Sheriff of 32836.1 -2- Cumberland County at 717-240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale had 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 records 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 the property. A Schedule of Distribution of the money bid for the property will be filed by the Sheriff thirty (30) days after the sale. This Schedule will state who will be receiving the money. The money will be paid out in accordance with this Schedule unless exceptions (statements of reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of Distribution is filed. 7. You may also have other rights or defenses, or ways of getting your property 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 SET FORTH BELOW, TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 610-377-5400 or 800-990-9108 AUSTIN, BOL&ND, CONNOR & GIORGI By Clemsron N. g( Jr. For Plaintiff. 328361 -3- a V AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L07999-0034 P.O. Box 8521 Reading, PA 19603 AGFS Acct. No. 18706166 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage ,abcglaw.com AMERICAN GENERAL FINANCIAL IN THE COURT OF COMMON PLEAS, SERVICES, INC., t/d/b/a AMERICAN CUMBERLAND COUNTY, GENERAL CONSUMER DISCOUNT PENNSYLVANIA COMPANY, Plaintiff, No. 2007-6636 vs. WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIER, Real Owner, and PAULINE MITTERMEIER and MELVIN STACKPOLE, Occupants, Defendants. CIVIL ACTION -- LAW Mortgage Foreclosure Book 1992, Page 4141 et seq. LEGAL DESCRIPTION OF 152 SOUTH ENOLA DRIVE EAST PENNSBORO TOWNSHIP, PA 17025 ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, in accordance with the Plan of Lots for Arthur R. Rupley, dated' April 5, 1968, prepared by Roy M. H. Benjamin, Professional Engineer, more particularly bounded and described as follows: BEGINNING at a point on the northeastern line of South Enola Drive, said point being 50.5 feet southeast of the corner of South Enola Drive and North Avenue, said point also being on the dividing line between Lots Nos. 9 and 10, Block C, on the hereinafter mentioned Plan of Lots; thence along said dividing line North 46 degrees 30 minutes East 150 feet to a point on the southwestern line -1- k , of First Alley; thence along the southwestern line of First Alley South 43 degrees 30 minutes East 25 feet to a point on the dividing line between Lots Nos. 8 and 9, Block C; thence along said dividing line and through the center of a partition wall separating the premises herein described and the adjoining premises on the southwest, South 46 degrees 30 minutes West 150 feet to a point on the northeastern line of South Enola Drive; thence along the northeastern line of South Enola Drive, North 43 degrees 30 minutes West 25 feet to a point, the place of BEGINNING. BEING Lot No. 9, Block C, on the Plan of Lots of Arthur R. Rupley, recorded in the Cumberland County Recorder's Office in Deed Book 6-Q, Page 600. Subject to easements, restrictions, and covenants of record, if any. Parcel Number: 09-15-1291-156. TO BE SOLD AS the property of Wayne A. Mittermeier, a/k/a Wayne Mittermeier. 32987.1 AUSTIN, BOLAND, CONNOR & GIORGI By Z,5 C ems N1 a Jr., Esquire For Plaintiff/Executing Creditor. -2- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-6636 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN GENERAL FINANCIAL SERVICES, INC, t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff (s) From WAYNE A. MITTERMEIER, a/k/a WAYNE MITTERMEIR, real owner and PAULINE MITTERMEIER and MELVIN STACKPOLE, Occupants (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 $87,620.83 Interest 10/26/07 - 12/26/07 - $1,550.62 Atty's Comm % Atty Paid $193.98 Plaintiff Paid Date: 1/22/08 (Seal) L.L.$ 0.50 Due Prothy $2.00 Other Costs Together with all costs and interest from 12/27/07 @$25.42 per day 00 Pr onotary By: Deputy REQUESTING PARTY: Name CLEMSON N. PAGE, JR., ESQUIRE Address: AUSTIN, BOLAND, COMNMOR & GIORGI 44 NORTH SIXTH STREET PO BOX 8521 READING, PA 19603 Attorney for: PLAINTIFF Telephone: 610-374-8211 Supreme Court ID No. 25616 CVP 6;R Real Estate Sale # 58 On March 6, 2008 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 152 South Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 6, 2008 By: jN Real Estate Sergeant 49 ;I d NZ W W OG;j Vd ',kiNnOJ GN `v" 838HU A18314S Pi 30 301330 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. before me this F OTARIAL SEAL RAH A COLLINS otary Public O, CUMBERLAND COUNTY lon Expires Apr 28. 2010 16 day of May, 2008 Notary YAM& =10M l" NO- M Writ No. 2007-6636 Civil American General Financial Services, Inc. t/d/b/a American General Consumer Discount Company VS. Wayne A. Mittermeir, a/k/a Wayne Mittermeir, real owner and Pauline Mittermeir and Melvin Stackpole, Occupants Atty.: Clemson N. Page, Jr. LEGAL DESCRIPTION OF 152 SOUTH ENOLA DRIVE EAST PENNSBORO TOWNSHIP, PA 17025 ALL THAT CERTAIN piece or par- cel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, in accordance with the Plan of Lots for Arthur R. Rap- ley, dated April 5, 1968, prepared by Roy M. H. Benjamin, Professional Engineer, more particularly bounded and described as follows: BEGINNING at a point on the. northeastern line of South Enola' Drive, said point being 50.5 feet southeast of the corner of South' Enola Drive and North Avenue, said point also being on the dividing line between Lots Nos. 9 and 10, Block C, on the hereinafter mentioned Plan of Lots; face along amd divridfng litre Nw& 46 degrees 30 minutes Best 150 drat to spoint on the southwest- ern Noe of First Alloy; thence siongthe southwestern line of First Alley South 43 degrees 30 minutes East: 25 feet to a point on the dividing line! between Lots Nos. 8 and 9, Block; C; thence along said dividing line' and through the center of a parti- tion wall separating the premises herein described and the adjoining premises on the southwest, South 46 degrees 30 minutes West 150 feet to a point on the northeastern line of South Enola Drive; thence along the northeastern line of South Enola Drive, North 43 degrees 30 minutes West 25 feet to a point, the place of BEGINNING. BEING Lot No. 9, Block C, on the Plan of Lots of Arthur R. Rupley, recorded in the Cumberland County Recorder's Office in Deed Book 6-Q, Page 600. Subject to easements, restrictions, and covenants of record, if any. Parcel Number: 09-15-1291-156. TO BE SOLD AS the property of Wayne A. Mittermeier, a/k/a Wayne Mittermeier. -The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE c?he atr1*oto&Xews 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: 04123/08 04/30/08 05/07/08 F .............. Sworn to a ubscribed before me this 27 day of May, 2008 A.D. a4ac'o-e. A Notary Public `OMMUNVVEfa? H uF r ENNSYLVr' N1 Notarial Sea! Chyrie L. Shepparo, Notary Public City Of Harrisburg, Dauphin County ' I My Commission; Expires May 29, 2010 Member, Pennsylvania Asso6ation of Notaries Real Estate Sale #58 Writ No. 2007.6838 Civil Term American General Financial Services, Inc. Vd/b/a American General Consumer Discount Company VS Wayne A. Mtttermeir, a/Wa Wayne Mittenneir, real owner and Pauline Mittermeir and Melvin Stackpole, Occupants Attorney: Clemson N. Page, Jr. DESCRIPTION 152 SOUTH ENOLA DRIVE EAST PENNSBORO TOWNSHIP, PA 17025 ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township. Cumberland County, Pennsylvania, in accordance with the Plan of Lots for Arthur R. Rupley, dated April 5,1%8, prepared by Roy M. H. Benjamin, Professional Engineer, more particularly bounded and described as follows: BEGINNING at a point on the northeastern line of South Enola Drive, said point being 505 feet southeast of the comer of South Enola Drive and North Avenue, said point also being on the dividing line between Lots Nos. 9 and 10, Block C, on the hereinafter mentioned Plan of Lots: thence along said dividing line North 46 degrees 30 minutes East 150 feet to a point on the southwestern fine of First Alley; thence along the southwestern line of First Alley South 43 degrees 30 minutes East 25 feet to a point on the dividing line between Lots Nos. 8 and 9, Block C; thence along said dividing line and through the center of a partition wall separating the premises herein described and the adjoining premises on the southwest, South 46 degrees 30 minutes West 150 feet to a point on the northeastern fine of South Enola Drive; thence along the northeastern fine of South Enola Drive, Notch 43 degrees 30 minutes West 25 feet to a poim, the place of BEGINNING. BEING Lot No. 9, Block C, on the Plan of Lots of Arthur R. Rupley, recorded in the Cumberkand County Recueder's Office Deed Subject to casemate, re*Wi"% and covenants of record, if any. Parcel Number: 09-15-1291-156. TO BE SOLD AS the property of Wayne A. Attermeier, alkla Wayne M rtermeier.