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HomeMy WebLinkAbout08-1012IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK, successor by CIVIL DIVISION merger to COMMUNITY BANKS, NO.: OS-101A C1Vil_Uwt Plaintiff, Vs. TYPE OF PLEADING MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. TO: DEFENDANT(S) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVE HEREOF A EFAULT JUDGMENT MAY BE EN REJ AG 9T YO . ATTORNEY FOR PLAINTIFF CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Susquehanna Bank, successor by merger to Community Banks, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: P.O. Box 639 Maugansville, MD 21767-0639 AND THE DEFENDANT(S): Mason & Trudy Maurer 200 N. 32"d Street, Camp Hill, PA 17011 Marcia A. Swartz a/k/a Marcia A. Maurer 3609 Kohler jaIS_1c,?, Ca Hill, PA 17011 ATTORNEY FO _• IFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL TATE AFFECTED BY THIS LIEN IS 200 N. 32" treet, Camp Hill, PA 17011 ATTORNEY R frA"F JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK, successor by CIVIL DIVISION merger to COMMUNITY BANKS, Plaintiff, NO.: vs. MASON S. MAURER, H, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. S WARTZ, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD 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. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK, successor by CIVIL DIVISION merger to COMMUNITY BANKS, Plaintiff, VS. MASON S. MAURER, H, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. AVISO NO.. USTED HA SIDO DEMONDADO/A EN COUTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demands o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK, successor by CIVIL DIVISION merger to COMMUNITY BANKS, Plaintiff, NO.: 0,? - J0).2 Cw- vs. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Susquehanna Bank, successor by merger to Community Banks, by its attorneys, James, Smith, Dietterick & Connelly LLP, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Susquehanna Bank, successor by merger to Community Banks, which has its principal place of business at P.O. Box 639, Maugansville, Maryland 21767-0639. 2. The Defendants, Mason S. Maurer, H and Trudy L. Maurer, are adult individuals whose last known address is 200 N. 32°d Street, Camp Hill, Pennsylvania 17011. The Defendant, Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, is an adult individual whose last known address is 3609 Kohler Place, Camp Hill, Pennsylvania 17011. 3. On or about July 19, 2006, Defendants, Mason S. Maurer, H and Trudy L. Maurer, executed a Note in favor of Plaintiff in the original principal amount of $128,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about July 19, 2006, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $128,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on July 28, 2006, in Mortgage Book Volume 1959, Page 4995. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendants are the record and real owners of the aforesaid mortgaged premises. 6. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or about December 17, 2007, Defendants were mailed combined Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notices of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. § 101, et seq. True and correct copies of said Notices are marked Exhibit "C", attached hereto and made a part hereof. 8. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 126,919.98 Interest through 2/5/2008 $ 4,640.66 Late Charges $ 429.72 Bank Charges $ 40.00 Attorney's Fees $ 1,250.00 Court, Sheriff & Title Costs $ 2,500.00 TOTAL $ 135,780.36 plus interest on the principal sum ($126,919.98) from February 5, 2008, at the rate of $30.30821 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $135,780.36, with interest thereon at the rate of $30.30821 per diem from February 5, 2008 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for BY: and sale of the mortgaged premises J & CONNELLY LLP SAWA. Diet ei , Esquire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" CommunilyBanks C' unmumitylSlusks 2111 St. Julius Church Rued Cutup I litt, PA 171111 1717) 909-l 590 111ENDER" M S Maurer, II T.,u-ty L Maurer ADDRESS 200 N 32nd Street Camp Hill, PA 17011 TELEPHONE NO. IDENTIFICATION NO. 1 0817 FIXED RATE CONSUMER PROMISSORY NOTE I k 7l, ) 7 6 - USTOMER - --LO-AN--- _-.._._ PRINCIPAL FUNDING MATURITY C - - OFFICER- - - INTEREST NUMBER IDENTIFICATION RATE AMOUNT DATE DATE NUMBER C10s 8.740 I $128,000.00 07/19/06 07/18126 901012008 Payoff Wachovia hl t ?t?)Lt)Ct?1Ctl _( lufYiS'._.jr71? =---.__-_- __ e -- -- of One_Hundred Twent --- --- -- - - -- P-- 4611 E TO PAY: For value received, Borrower promises to pay to the order of Lender the principal amount o Dollars _______. -_.-.__--- Eig - - -- --- --- - _ ht_Thousand and_no 100 ($ - 128, .000 00-__ plus interest on the unpaid principal balance at the rate and in the manner described below, until all amounts owing under this Note are paid in full All amounts received by Lender shall be applied first to accrued, unpaid interest, then to unpaid principal and then to any late charges and expenses, or in any other order as determined by Lender, in Lender's sole discretion, as permitted by law. INTEREST RATE: Interest shall be computed on the basis ol._the_actual_-number of .days_oyer per year. Interest on this Note shall be calculated and payable at the fixed rate -at_- 8_.740 % per annum. POST - MATURITY RATE: Aftermaturity, whelherdue to scheduled maturity or acceleration, Lender may increasethe interest rate on this Note la Rate _in__gffgic at_time_of _matu_ity._p_lus two_percent__{2$)___ or the maximum interest rate Lender is permitted to charge by law, whichever is less, from the date of maturity until paid. PAYMENT SCHEDULE: Borrower shall pay the principal and interest according to the following schedule: 239 payments of $1,130.77 beginning August 18, 2006 and continuing at monthly time intervals thereafter. A final payment of the unpaid principal balance plus accrued interest is due and payable on July 18, 2026. PREPAYMENT: This Note may be prepaid in part or in full on or before its maturity date 0 with [:A without penalty. If this Note contains more than one installment, any partial prepayment will not affect the due date or the amount of any subsequent installment, unless agreed to, in writing, by Borrower and Lender. If this Note is prepaid in full, there will be: L_I A minimum finance charge of $ A prepayment penally of. % LATE CHARGE: If a payment is received more than-__15 ___days late, Borrower will be charged a late charge of:. 1 whichever _____ ._._--1 of the unpaid late payment; 5__0.0 -% of the unpaid late payment or $ 00 is [X] greater[-[ less, as permitted by law. No more than one late charge will be imposed on any single payment or portion of any payment. SECURITY: To secure the payment and performance of obligations incurred under this Note, Borrower grants Lender a security interest in, and pledges and assigns to Lender all of Borrower's right, title, and interest in all monies, instruments, savings, checking, share and other accounts of Borrower (excluding IRA, Keogh, trust accounts and other accounts subject to lax penalties if so assigned) that are now or in the future in Lender's custody or control. [9-1 If checked, the obligations under this Note are also secured by the collateral described in any security inslrument(s)executed in connection with this Note, and any collateral described in any other security instrumenl(s)securing this Note or all of Borrower's obligations. CHECK PROCESSING FEE: If a check for payment is returned to Lender for any reason (for example, because there are insufficient funds in Borrower's checking account), Lender will assess a check processing fee of 9 0.50 -___- , which shall be added to the principal balance. RENEWAL: [-1 If checked, this Note is a renewal, but not a satisfaction, of Loan Number_______.____- THE PERSONS SIGNING BELOW ACKNOWLEDGE THAT THEY HAVE READ, UNDEH51 ANU, ANU AUht:r- I U 1 nc 1 un1vw -v" CONDITIONSOF THIS NOTE, INCLUDING THE PROVISIONSON THE REVERSESIDE, AND FURTHER ACKNOWLEDGERECEIPTOF AN EXACT COPY OF THIS NOTE. IN WITNESSWHEREOF,the undersigned has/have caused this inslrurnenlto be executed as a sealed instrumenlthis _14th _ day of July, 2006- BORROWER: Mason S Maurer, II BORROWERTrudy L Maurer n ., (Seal) (Seal) ?? ) ?1? - (.._? - Trud 1 Mars -- Mason S Maurer, II y : + BORHOWER: BORROWER: ..(Seal) 1`140 i.: A.. .- 1 t ;?f LPPA 101 m' 11a, land Financlal SOlullnna, Inc (6/30/01) (800) 937-3799 TERMS AND CONDITIONS 1. EVENTS OF DEFAULT. An Event of Defau„ will occur under this Note in the event that Borrower, any cosigner, any guarantor or any other third party pledging collateral to secure this Note: (a) lails to make any payment on this Note or any other indebtedness to Lender when due; (b) fails to perform any obligation or breaches any warranty or covenant to Lender contained in this Note, any security instrument, or any other present or future written agreement regarding this or any other indebtedness of Borrower to Lender; (c) provides or causes any false or misleading signature or representation to be provided to Lender; (d) sells, conveys, or transfers rights in any collateral securing this Note without the written approval of Lender; destroys, loses or damages such collateral in any material respect; or subjects such collateral [o seizure, confiscation or condemnation; (e) has a garnishment, judgment, tax levy, attachment or lien entered or served against Borrower, any guarantor, or any third party pledging collateral to secure this Note or any of their property; (f) dies, becomes legally incompetent, is dissolved or terminated, ceases to operate its business, becomes insolvent, makes an assignment for the benefit of creditors, fails to pay debts as they become due, or becomes the subject of any bankruptcy, insolvency or debtor rehabilitation proceeding; (g) tails to provide Lender evidence of satisfactory financial condition; or (h) causes Lender to deem itself insecure due to a significant decline in the value of any collateral securing [his Note, or Lender in good faith, believes the prospect of payment or performance Is impaired. 2. RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is an Event of Default under this Note, Lender will be entitled to exercise one or more of the following remedies without notice or demand (except as required by law): (a) to declare the principal amount plus accrued interest under this Note and all other present and future obligations of Borrower immediately due and payable in full, such acceleration shall be automatic and Immediate if the Event of Default is a filing under the Bankruptcy Code; (b) to collect the outstanding obligations of Borrower with or without resorting to judicial process; (c) to cease making advances under this Note or any other agreement between Borrower and Lender; (d) to take possession of any collateral in any manner permitted by law; (e) to require Borrower to deliver and make available to Lender any collateral at a place reasonably convenient to Borrower and Lender; (f) to sell, lease or otherwise dispose of any collateral and collect any deficiency balance with or without resorting to legal process; (g) to set-off Borrower's obligations against any amounts due to Borrower including, but not limited to, monies, instruments, and deposit accounts maintained with Lender; and (h) to exercise all other rights available to Lender under any other written agreement or applicable law. Lender's rights are cumulative and may be exercised together, separately, and in any order. Lender's remedies under this paragraph are in addition to those available at common law, including, but not limited to, the right to set-off. 3. DEMAND FEATURE. L_.J If checked, this Note contains a demand feature. Lender's right to demand payment, at any time, and from time to time, shall be in Lender's sole and absolute discretion, whether or not any default has occurred. 4. MODIFICATION AND WAIVER. The modification or waiver of any of Borrower's obligations or Lender's rights under this Note must be contained in a writing signed by Lender. Lender may perform any of Borrower's obligations or delay or fail to exercise any of its rights without causing a waiver of those obligations or rights. A waiver on one occasion will not constitute a waiver on any other occasion. Borrower's obligations under this Note shall not be affected if Lender amends, compromises, exchanges, fails to exercise, impairs or releases any of the obligations belonging to any co-borrower or guarantor or any of its 'rights against any co-borrower, guarantor, the collateral or any other property securing the obligations. If securing this Note with any property violates any slate or federal law, rule or regulation including, but not limited to, the right of rescission, Lender waives the security Interest in the part of the property that causes any such violation with respect to this Note. Lender may accept and apply checks and other instruments marked "Paid in Full' or with a similar phrase describing a payment as full satisfaction of the obligations incurred under this Note, without being bound by that language and without waiving any rights to payment of all amounts owing under this Note. 5. SEVERABILITYAND INTEREST LIMITATION. If any provision of this Note is invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Notwithstanding anything contained in this Note to the contrary, in no event shall interest accrue under this Note, before or after maturity, at a rate in excess of the highest rate permitted by applicable law, and if interest (including any charge or fee held to be interest by a court of competent jurisdiction) in excess thereof be paid, any excess shall constitute a payment of, and be applied to, the principal balance hereof, and if the principal balance has been fully paid, then such interest shall be repaid to Borrower. 6. ASSIGNMENT. Borrower agrees not to assign any of Borrower's rights, remedies or obligations described in this Note without the prior written consent of Lender, which consent may be withheld by Lender in its sole discretion. Borrower agrees that Lender is entitled to assign some or all of its rights and remedies described in this Note without notice to or the prior consent of Borrower. 7. NOTICE. Any notice or other communication to be provided to Borrower or Lender under this Note shall be in writing and sent to the parties at the addresses described in this Note or such other address as the parties may designate in writing from time to time. a. APPLICABLE LAW. Interest, including rates, fees and charges which compensate Lender for the extension of credit to Borrower under this Note, or which compensate Lender for any default or breach by Borrower of the terms and conditions of this Note, shall be governed by federal law and the laws of the slate of Pennsylvania______ All other terms and conditions of this Note shall be governed by the laws of the state of Pennsylvania___ unless otherwise preempted by federal law. 9. VENUE. Unless applicable law provides otherwise, Borrower consents to the jurisdiction and venue of any court located in Pennsylvania selected by Lender, in its discretion, in the event of a legal proceeding under this Note. 10. COLLECTION COSTS. To the extent permitted by law, Borrower agrees [o pay Lender's reasonable fees and costs, including, but not limited to, fees and costs of attorneys and other agents (including without limitation paralegals, clerks and consultants), whether or not such attorney or agent is an employee of Lender, which are incurred by Lender in collecting any amount due or enforcing any right or remedy under this Note, whether or not suit is brought, including, but not limited to, all fees and costs incurred on appeal, in bankruptcy, and for post-judgment collection actions. 11. MISCELLANEOUS. This Note is being executed for personal, family or household purposes. Borrower will provide Lender with current financial statements and other financial information upon request. Borrower and Lender agree that lime is of the essence. Borrower agrees to make all payments to Lender at any address so designated by Lender and in lawful United States currency. Borrower and any person who endorses this Note waives presentment, demand for payment, notice of dishonor and protest and further waives any right to require Lender to proceed against anyone else before proceeding against Borrower or said person. All references to Borrower in this Note shall include all of the parties signing this Note, including, but not limited to any cosigners, and [his Note shall be binding upon the heirs, successors and assigns of Borrower and Lender. If there is more than one Borrower their obligations under this Note shall be joint and several. Information concerning this Note may he reported to credit reporting agencies and will be made available when requested by proper legal process. This Note represents the complete and integrated understanding between Borrower and Lender regarding the terms hereof. 12. JURY TRIAL WAIVER. LENDER AND BORROWER HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF, OR BASED UPON, THIS NOTE OR THE COLLATERAL SECURING THIS NOTE. 13. ADDITIONAL TERMS: EXHIBIT "B" Prepared By: Paulette Rovito (717)909-1590 Return To: Community Banks P.O.Box 233 Hanover, PA 17331 Parcel Identification No./Uniform Parcel Identifier: 01-21-0273-022 OPEN-END CONSUMER MORTGAGE This Mortgage Secures Future Advances BORROWER Mason S Maurer, II Trudy L Maurer ADDRESS 200 N 32nd Street Camp Hill, PA 17011 TELEPHONE NO. IDENTIFICATION NO. In consideration of the loan or other credit accommodation hereinafter specified and any future advances, as defined herein, which may hereinafter be advanced or incurred and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Mortgagor has, and by these presents does hereby grant, convey, bargain, sell and mortgage to Communi yBanks. 2.01 St-.._ ,Tnhns r'hnrrh Rnn r'mmn u; l l na i Ifni Mason S. Maurer II Tudy L. Maurer, husband and wife Marcia L. Swartz, widow ADDRESS 200 N 32nd Street Camp Hill, PA 17011 TELEPHONE NO. IDENTIFICATION NO. JUL CJ ?l! I 1?J ,i (" Lender), its successors and assigns, wit power o sale an right o entry an possession ali ofTv oagor's present and future estate, rigght, title and interest in and to the real property described in Schedule A which is attached to this tVfortgage and incorporated herein by this reerence, together with all present and future improvements and fixtures- all tangible personal property including without limitation all machinery, equipment, building materials, and goods of every nature (excluding consumer goods) now or hereafter located on or used in connection with the real property, whether or not affixed to the land; privileges, hereditaments, easements, and appurtenances, including all development rights associated with the Property, whether previously or subsequently transferred to the Property from other real property or now or hereafter susceptible of transfer from the Property to other real property; leases, licenses and other agreements; rents, issues and profits- water well, ditch, reservoir and mineral rights and stocks pertaining to the real property (cumulatively "Property"); until payment in full of all Obligations secured hereby. LPPA518 rU Harland Financial SoMions, Inc. (822;05) (800) 937.3799 Page 1 of 1 r Al 8KI959PG4995 Moreover, in further consideration, Mortgagor does, for Mortgagor and Mortgagor's heirs, representatives, successors and assigns, hereby expressly warrant, covenant, and agree with Lender, its successors and assigns as follows: 1. OBLIGATIONS. This Mortgage shall secure the payment and performance of all indebtedness, liabilities, obligations and covenants of Borrower or Mortgagor to Lender up to a maximum amount outstanding at any one time of $ 128, 000.00 plus accrued and unpaid interest (cumulatively "Obligations") pursuant to: (a) this Mortgage and the following promissory note and other agreements: -- INTEREST PRINCIPAL AMOUN FUNDING/ T/ MATURITY ? CUSTOMER LOAN A RATE CREDIT LIMIT GREEMENT DATE DATE NUMBER NUMBER Fixed $128,000.00 07/19/06 07/18/26 i 901012008 I ? ? I b of this ob li Mo ato rtgage, future made or extended advances, to o the on same behalf of extent as if Mortgagor made or Borrower. contemoraneousl Mortgagor with the agrees that if execution the Obligation is a line of credit, the lien created by this ortgage shall continue until payment in full of all debt due under the line notwithstanding the fact that from time to time (but before termination of the line) no balance may be outstanding; (c) unpaid balances of advances made, with respect to the Property, for the payment of taxes; assessments, maintenance charges, insurance premiums or costs incurred for the protection of the Property or the lien of this Mortgage, expenses incurred by the Lender by reason of default by the Mortgagor under this Mortgage; and (d) all amendments, extensions, renewals, modifications, replacements or substitutions to any of the toregoing. As used in this Paragraph 1, the terms Mortgagor and Borrower shall include and also mean any Mortgagor or Borrower if more than one. 2. REPRESENTATIONS, WARRANTIES AND COVENANTS. Mortgagor represents, warrants and covenants to Lender that: (a) Mortgagor has fee simple marketable title to the Property and shall maintain the Property free of all liens, security interests, encumbrances and claims except for this Mortgage and those described in Schedule B which is attached to this Mortgage and incorporated herein by reference, which Mortgagor agrees to pay and perform in a timely manner; (b) Mortgagor is in compliance in all respects with all applicable federal, state and local laws and regulations, including, without limitation those relating to "Hazardous Materials", as defined herein, and other environmental matters (the "Environmental Laws"), and neither the federal government or any other governmental or quasi governmental entity has filed a lien on the Property, nor are there any governmental, judicial or administrative actions with respect to environmental matters pending or to the best of the Mortgagor's knowledge, threatened, which involve Mortgagor or the Property. Neither Mortgagor nor, to the best of Mortgagor's knowledge, any other party has used, generated, released, discharged stored, or disposed of any Hazardous Materials in connection with the Property or transported any Hazardous Materials to or from the Property. Mortgagor shall not commit or permit such actions to be taken in the future. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any governmental authority including, but not limited to, (i) petroleum; (ii) friable or nonfhable asbestos; (iii) polychlorinated biphenyls; iv) those substances, materials or wastes designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any amendments or replacements to these statutes; (v) those substances, materials or wastes defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and (vi) those substances, materials or wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, or any amendments or replacements to that statute or any other similar state or federal statute, rule regulation or ordinance now or hereafter in effect. Mortgagor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may result in contamination of the Property with Hazardous Materials or toxic substances; (c) All applicable laws and regulations including, without limitation, the Americans with Disabilities Act, 4 U.S.C. 12101 et seq. (and all regulations promulgated thereunder) and all zoning and building laws and regulations relating to the Property by virtue of any federal, state or municipal authority with jurisdiction over the Property, presently are and shall be observed and complied with in all material I-PPA518B (f) Harland Financial Solutions, Inc. (8/22105) (800) 937-3799 Page 2 of 11 __- 9KI959PG4996 respects, and all rights, licenses, permits, and certificates of occupancy (including but not limited to zoning variances, special exceptions for nonconforming uses, and final inspection approvals), whether temporary or permanent, which are material to the use and occupancy ofthe Property, presently are and shall be obtained, preserved and, where necessary, renewed; (d) Mortgagor has the right and is duly authorized to execute and perform its Obligations under this MMortgage and these actions do not and shall not conflict with the provisions of any statute, regulation, ordinance, rule of law, contract or other agreement which may be binding on Mortgagor at any time; (e) No action or proceeding is or shall be pending or threatened which might materially affect MMortgagor or the Property; and (f) Mortgagor has not violated and shall not violate any statute, regulation, ordinance, rule of law contract or other agreement (including, but not limited to, those governin Hazardous Materials which might materially affect the Property or Lender's rights or interest in the Property pursuant to this Mortgage. 3. PRIOR MORTGAGES. Mortgagor represents and warrants that there are no prior mortgages or deeds of trust affecting any part of the Property except as set forth on Schedule B attached to this Mortgage which Mortgaggor agrees to pay and perform in a timely manner. If there are any prior mortgages or deeds of trust then Mortgagor agrees to pay all amounts owed, and perform all obligations required, under such mortgages or deeds of trust and the indebtedness secured thereby and further agrees that a default under any prior mortgage or deed of trust shall be a default under this Mortgage and shall entitle Lender to all rights and remedies contained herein or in the Obligations to which Lender would be entitled in the event of any other default. 4. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN MORTGAGORS OR BORROWERS. In the event of a sale, conveyance, lease, contract for deed or transferto any person of all or any part of the real property described in Schedule A, or any interest therein, or of all or any beneficial interest in Borrower or Mortgagor (if Borrower or Mortgagor is not a natural person or persons but is a corporation, limited liability company, partnership trusf, or other legal entity), Lender may, at its option declare the outstanding principal balance of the Obligations plus accrued interest thereon immediately due and payable. At Lenders request, Mortgagor or Borrower, as the case may be, shall furnish a complete statement setting forth all of ifs stockholders, members or partners, as appropriate, and the extent of their respective ownership interests. 5. ASSIGNMENT OF RENTS. Mortgagor absolutely assigns to Lender all present and future rents, royalties, income and profits which arise from the use or occupancy of all or any portion of the Property. Until Mortgagor is in default under this Mortgage or any of the Obligations, Mortgagor shall have a license to collect and receive rents, royalties, income and profits. Upon any default under this mortgage or any of the Obligations, Lender may terminate Mortgagor's license without notice and may thereafter proceed to collect the rents, royalties, income, and pro its with or without the appointment of a receiver. All rents, royalties, income and profits collected by Lender or a receiver will be applied first to pay all expenses of collection, then to the payment of all costs of operation and maintenance of the Property, and then to the payment of the Obligations secured by this Mortgage in the order determined by Lender in its sole discretion. 6. LEASES AND OTHER AGREEMENTS. Mortgagor shall not take or fail to take any action which may cause or permit the termination or the withholding of any payment in connection with an Lease or other agreement ("Agreement"? pertaining to the Property. In addition, Mortgagor, out Lender's prior written consent, shall not: (a) co lect any monies payable under any Agreement more than one month in advance- (b) modify any Agreement; (c) assi nor allow a lien, security interest or other encumbrance to be placed upon Mortgagor's rights, title and inerest in and to any Agreement or the amounts payable thereunder; or ( ) terminate or cancel anyy A reement except for the nonpayment of any sum or other material breach by the other party thereto. If Morgagor receives at any time any written communication asserting a default by Mortgagor under an Agreement or purporting to terminate or cancel any Agreement, Mortgagor shall promptly forward a copy of such communication (and any subsequent communications relating thereto) to Lender. All such Agreements and the amounts due to Mortgagor thereunder are hereby assigned to Lender as additional security for the Obligations. 7. COLLECTION OF INDEBTEDNESS FROM THIRD PARTY. Lender shall be entitled to notify or require Mortgagor to notify any third part (including, but not limited to, lessees, licensees, governmental authorities and insurance companies to pay Lender any indebtedness or obligation owing to Mortgagor with respect to the Properly (cumu atively "Indebtedness") whether or not a default exists under this Mortgage. Mortgagor shall diligently collect the Indebtedness owing to Mortgagor from these third parties until the giving of such notification. In the event that Mortggagor possesses or receives possession of any instruments or other remittances with respect to the Indebfe ness following the giving of such notification or if the instruments or other remittances constitute the prepayment of any Indebtedness or the payment of any insurance or condemnation proceeds, Mortgagor shall hold such instruments and other remittances in trust for Lender apart from its other property, endorse the instruments and other remittances to Lender, and immediately provide Lender with possession of the instruments and other remittances. Lender shall be entitled, but not required, to collect (by legal proceedings or otherwise), extend the time for payment, LPPA518C 4 Hadand Financial Solutions, Inc. (822/05) (800) 937-3799 Page 3 of 11 --- 8K 1 959PG4997 compromise, exchange or release an obligor or collateral, or otherwise settle any of the Indebtedness whether or not an event of default exists under this Agreement. Lender shall not be liable to Mortgagor for any action, error, mistake, omission or delay pertaining to the actions described in this paragraph or any damages resulting therefrom. Notwithstanding the foregoing, nothing herein shall cause Lender to be deemed a mortgagee-in-possession. 8. USE AND MAINTENANCE OF PROPERTY. Mortgagor shall take all actions and make any repairs needed to maintain the Property in good condition. Mortgagor shall not commit or permit any waste to be committed with respect to the Property. Mortgagor shale use the Property solely in compliance with applicable law and insurance policies. Mortgagor shall not make any alterations, additions or improvements to the Property without Lender's prior written consent. Without limiting the foregoing, all alterations, additions and improvements made to the Property shall be subject to the beneficial interest belonging to Lender, shall not be removed without Lender's prior written consent, and shall be made at Mortgagor's sole expense. 9. LOSS OR DAMAGE. Mort gagor shall bear the entire risk of any loss, theft, destruction or damage (cumulatively "Loss or Damage') to the Property or any portion thereof from any cause whatsoever. In the event of any Loss or Damage, Mortgagor shall, at the option of Lender, repair the affected Property to its previous condition or pay or cause to be paid to Lender the decrease in the fair market value of the affected Property. 10. INSURANCE. The Property will be kept insured for its full insurable value (replacement cost) against all hazards including loss or damage caused by flood, earthquake, tornado and fire, theft or other casualty to the extent required by Lender. Mortgagor may obtain insurance on the Property from such companies as are acceptable to Lender in its sore discretion. The insurance policies shall require the insurance company to provide Lender with at least 30 days' written notice before such policies are altered or cancelled in any manner. The insurance policies shall be endorsed with a standard mortgage clause in favor of Lender and provide that no act or omission of Mortgagor or any other person shall affect the right of Lender to be paid the insurance proceeds pertaining to the loss or damage of the Property. In the event Mortgagor fails to acquire or maintain insurance, Lender (after providing notice as may be required by law) may in its discretion procure appropriate insurance coverage upon the Property and the insurance cost shall be an advance payable and bearing interest as described in Paragraph 21 and secured herebyy. Mortgagor shall furnish Lender with evidence of insurance indicating the required coveragge. In order fo protect its interests in the Property and rights under this Mortgage, Lender shall have lZe right to file, negotiate and settle claims under insurance policies, to cancel any policy, and to endorse and disburse any draft or negotiable instrument drawn by any Insurer. Lender's exercise of these rights shall be solely for Lender's benefit and not for Mortgagor's benefit. Lender is not an agent or fiduciary of Mortgagor. All such insurance policies shall be immediately assigned, pledged and delivered to Lender as further security for the Obligations. In the event of loss Mortgagor shall immediately give Lender written notice and Lender is authorized to make proof of loss. each insurance company is directed to make payments directly to Lender instead of to Lender and Mortgagor. Lender shall have the right, at its sole option, to apply such monies toward the Obliggations or toward the cost of rebuilding and restoring the Property. Any amounts may at Lender's option be applied in the inverse order of the due dates thereof. 11. ZONING AND PRIVATE COVENANTS. Mortgagor shall not initiate or consent to any change in the zoning provisions or private covenants affecting the use of the Property without Lender's prior written consent. If Mortgagor's use of the Property becomes a nonconforming use under any zoning provision, Mortgagor shall not cause or permit such use to be discontinued or abandoned without the prior written consenf of Lender. Mortgagor will immediately provide Lender with written notice of any proposed changes to the zoning provisions or private covenants affecting the Property. 12. CONDEMNATION. Mortgagor shall immediately provide Lender with written notice of any actual or threatened condemnation or eminent domain proceeding pertainingg to the Property. All monies payable to Mortgagor from such condemnation or taking are hereby assigned to Lender and shall be applied first to the payment of Lender's attorneys' fees legal expenses and other costs (including appraisal fees) in connection with the condemnation or eminent domain proceedings and then, at the option of Lender, to the payment of the Obligations or the restoration or repair of the Froperty. 13. LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Mortgagor shall immediately pr5detend de Lender with written notice of any actual or threatened action, suit, or other proceeding affecting the Perty. Lender shall have the right, in its own name or in Mortgagor's name, to commence, intervene in, such actions, suits or other legal proceedings and To compromise or settle any claim or controversy pertaining thereto. Lender's exercise of these rights shall be solely for Lender's benefit and not for Mortgagor's benefit. Lender is not an agent or fiduciary of Mortgagor. Lender shall not be liable to Mortgagor or any action, error mistake, omission or delay pertaining to the actions described in this paragraph or any damages resulting therefrom. 14. INDEMNIFICATION. Lender shall not assume or be responsible. for the performance of any of Mortgagor's obligations with respect to the Property under any circumstances. Mortgagor shall immediately provide Lender with written notice of and indemnify and hold Lender and its shareholders, directors, officers, employees and agents harmless from air claims, damages. liabilities (including attorneys' fees and legar expenses), causes of action, actions, suits and other legal proceedings LPPA518D ?t) Harland Financial Solutions, Inc (8/22/05) (800) 937-3799 =age a n1 11 SK I959PG4998 (cumulatively "Claims") pertaining to the Property (including, but not limited to, those involving Hazardous Materials). ortgagor, upon the request of Lender, shall fire legal counsel to defend Lender from such Claims, and pay the attorneys' fees, legal expenses and other costs incurred in connection therewith. In the alternative, Lender shall be entitled to employ its own legal counsel to defend such Claims at Mortgagor's cost. Mortgagor's obligation to indemnify Lender under this paragraph shall survive the termination, release or foreclosure of this Mortgage. 15. TAXES AND ASSESSMENTS. Mortgagor shall pay all taxes and assessments relating to Property when due and immediately provide Lender evidence of payment of same. Upon request of Lender, Mortgagor shall procure for Lender, at Mortgagor's expense, a real estate tax reporting service throughout the term of this Mortgage. Upon the request of Lender, Mortgagor shall deposit with Lender each month one-twelfth (1/12) of the estimated annual insurance premium, taxes and assessments pertaining to the Property. So long as there is no default, these amounts shall be applied to the payment of taxes, assessments and insurance as required on the Property. In the event of default, Lender shall have the right, at its sole option, to apply the funds so held to pay any taxes or against the Obligations. Any funds applied may, at Lender's option, be applied in reverse order of the due date thereof. 16. INSPECTION OF PROPERTY, BOOKS, RECORDS AND REPORTS. Mortgagor shall allow Lender or its agents to examine and inspect the Property and examine, inspect and make copies of Mortgagor's books and records pertaining to the Property from time to time. Mortgagor shall provide any assistance required by Lender for these purposes. All of the signatures and information contained in Mortgagor's books and records shall be genuine, true, accurate and complete in all respects. Mortgagor shall note the existence of Lender's beneficial interest in its books and records pertaining to the Property. Additionally, Mortgagor shall report, in a form satisfactory to Lender, such information as Lender may request regarding Mortgagor's financial condition or the Property. The information shall be for such periods, shalt reflect Mortgagor's records at such time, and shall be rendered with such frequency as Lender may designate All information furnished by Mortgagor to Lender shall be true, accurate and complete in all respects, and signed by Mortgagor if Lender requests. 17. ESTOPPEL CERTIFICATES. Within ten (10) days after any request by Lender, Mortgagor shall deliver to Lender, or any intended transferee of Lenders rights with respect to the Obligations, a signed and acknowledged statement specifying: (a) the outstanding balance on the Obligations: and (b) whether Mortgagor possesses any claims, defenses, set-offs or counterclaims with respect to the Obligations and, it so, the nature of such claims, defenses, set-offs or counterclaims. Mortgagor will be conclusively bound by any representation that Lender may make to the intended transferee with respect to these matters in the event that Mortgagor fails to provide the requested statement in a timely manner. 18. DEFAULT. Mortgagor shall be in default under this Mortgage in the event that Mortgagor, Borrower or any guarantor of the Obligation: ((a fails to pay any Obligation to Lender when due; (b fails to perform any Obligation or breaches any warranty or covenant to Lender contained in this (Mortgage or any other present or future agreement; (c) destroys, loses or damages the Property in any material respect or subjects the Property to seizure, confiscation, or condemnation; (d) seeks to revoke terminate or otherwise limit its liability under any guaranty to Lender or any individual guarantor dies; (e) dies, becomes legally incompetent, is dissolved or terminated, becomes insolvent, makes an assignment for the benefit of creditors, fails to pay debts as they become due, files a petition under the federal bankruptcy laws, has an involuntary petition in bankruptcy filed in which Mortgagor, Borrower or any guarantor is named, or has property taken under any writ or process of court; (f) allows goods to be used, transported or stored on the Property, the possession, transportation, or use of which, is illegal; ligation any party other than Mortgagor, Borrower, or Guarantor to assume or undertake any ligation without the written consent of Lender; or (h) causes Lender to deem itself insecure due to a si nificant decline in the value of the Property; or if Lender, in good faith, believes for any reason tha? the prospect of payment or performance is impaired. 19. RIGHTS OF LENDER ON DEFAULT. If there is a default under this Mort age, Lender shall be entitled to exercise one or more of the following remedies without notice or demand Cexcept as required by law): aito declare the Obligations immediately due and payable in full; b to collect the outstanding Obligations with or without resorting to judicial process; c to require Mortgagor to deliver and make available to Lender any personal property or Chattels constituting the Property at a place reasonably convenient to Mortgagor and Lender; (d) to enter upon and take possession of the Property without applying for or obtaining the appointment of a receiver and, at Lender's option, to appoint a receiver without bond, without first bringing suit on the Obligations and without otherwise meeting any statutoryconditions regarding receivers, it being intended that Lender shall have this contractual right to appoint a receiver; LPPA5I BE V Harland Financial Solutions, Inc. l8/22i05) (800) 937.a799 Page 5 of 11 BK 19S9pG4999 (e) to employ a managing agent of the Property and let the same, in the name of Lender or in the name of Mortgagor, and receive the rents, incomes, issues and profits of the Property and apply the same, after payment of all necessary charges and expenses, on account of the Obligations; to pay anyy sums in any form or manner deemed expedient by Lender to protect the security of this Oortga a or to cure any default other than payment of interest or principal on the Obligations; (g) to foreclose this Mortgage; (Fi) bid for and acquire the Property or any part thereof and, in lieu of a cash purchase, credit upon the amounts owed Mortgagor the net sales price after deducting therefrom the expenses of the sale and the costs of the action and any other sums which Lender is authorized to deduct under this Mortgage; (i) to foreclose this Mortgage, at its option, subject to the rights of any tenants of the Property, and the failure to make any tenants defendants to such proceedings and to foreclose their rights will not be asserted by Mortgagor as a defense to any proceedings instituted by Lender to collect the amounts secured hereby or any deficiency remaining unpaid after the sale of the Property. Further, it is expressly understood and aggreed by Mortgagor that nothing herein contained shall prevent Lender from asserting in any proceeding disputing the amount of the deficiency or the sufficiency of any bid at such sale, that any tenancies adversely affect the value of the Property; (j) to set-off Mortgagor's Obligations against any amounts owed Mortgagor by Lender including, but not limited to, monies, instruments, and deposit accounts maintained with Lender or any currently existing or future affiliate of Lender; and (k) to exercise all other rights available to Lender under any other written agreement or applicable law Lender's rights are cumulative and may be exercised together, separately, and in any order. In the event that Lender institutes an action seeking the recovery of any of the Property by way of a prejudgment rernedy in an action against Mortgagor, mortgagor waives the posting of any bond which might otherwise be required. Lender or Lender's designee may purchase the Property at any sale. The Property or any partthereof may be sold in one parcel, or in such parcels, manner or order as Lender in its sole discretion may elect, and one or more exercises of the power herein granted shall not extinguish or exhaust the power unless the entire Property is sold or the Obligations are paid in full. 20. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Mortgage shall be considered a financing statement and a fixture filing pursuant to the provisions of the Uniform Commercial Code (as adopted by the state where the real property is located)) covering fixtures, chattels, and articles of Personal property now owned or hereafter attached to or to be used in connection with the Property together with any and all replacements thereof and additions thereto (the "Chattels") and Mortgagor hereby rants Lender a security interest in such Chattels. The debtor is the Mortgagor described above. The secured party is the Lender described above. Upon demand, Mortgagor shall make execute and deliver such security agreements (as such term is defined in said Uniform Commercial Code as Lender at any time may deem necessary or proper or require to grant to Lender a perfected security interest in the Chattels, and upon Mortgagor s failure to do so, Lender is authorized to sign any such agreement as the agent of Mortgagor. Mortgagor hereby authorizes Lender to file financing statements (as such term is defined in said Uniform Commercial Code) with respect to the Chattels, at any time, without the signature of Mortgagor. Mortgagor will, however, at any time upon request of Lender, sign such financing statements. Mortgagor will pay all filing fees for the filing of such financing statements and for the refiling thereof at the times required, in the opinion of Lender, by said Uniform Commercial Code. If the lien of this Mortgage be subject to any securityy agreement covering the Chattels then in the event of any default under this Mortgage, all the right, title and interest of Mortgagor in ant to any and all of the Chattels is hereby assigned to Lender, together with the benefit of any deposits or payments now or hereafter made thereof by Mortgagor or the predecessors or successors in title of Mortgagor in the Property. 21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender, at Lender's option, may expend funds to perform any act required to be taken by Mortgagor or to exercise any right to remedy of Lender under this Mortgage (including but not limited to attorney's fees, legal expenses, payyment of taxes, assessments, insurance premiums, funds for protection, preservation and maintenance of the Property or of the lien of this Mortgage or otherwise, expenses incurred by Lender by reason of default by Mortgagor or advances made under a construction loan to enable completion of the improvements for which the construction loan was originally made). Upon demand, Mortgagor shall immediately reimburse Lender for all such amounts expended by Lender together with interest thereon at the lower of the highest rate described in any Obligation or the highest rate allowed by law from the date of payment until the date of reimbursement. These sums shall be included in the definition of Obligations herein and shall be secured by the beneficial interest granted herein. If the Obligations are paid after the beginning of publication of notice of sale, as herein provided, or in the event Lender shall, at its sole option, permit Mortgagor to pay any part of the Obligations after the beginning of publication of notice of sale, as herein provided, then, Mortgagor shall pay on demand all expenses incurred by the Lender in connection with said publication, including reasonable attorneys' fees to the attorneys for t e Lender, and this Mortgage shall be security for all such expenses and fees. LFPA518F to Harland Financial Solutions, Inc. (8/22i05) (800) 9373799 Faye 6 0l 11 BK1959PG5400 22. APPLICATION OF PAYMENTS. All payments made by or on behalf of Mortgagor may be applied against the amounts paid by Lender (including attorneys' fees and legal expenses) in connection w(tfi the exercise of its rights or remedies described in this Mortgage and then to the payment of the remaining Obligations in whatever order Lender chooses. 23. LENDER'S AUTHORITY TO PROTECT ITS INTERESTS. Mortggagor authorizes Lender to take whatever action is reasonable or appropriate to protect Lender's interests in the Property and rights under this Mortgage. Lender may, but shall not be required to, endorse Mortgagor's name on any instrument or other document pertaining to the Obligations or the Mortgage and to perform any action or execute any document required to be taken or executed by Mortgagor under this Mortgage. Lender's performance of such action or execution of such document shall not relieve Mortgagor from any obligation or cure any default under this Mortgage. Lender's exercise of these rights shaft be solely for Lender's benefit and not for Mortgagor's benefit. Lender is not an agent or fiduciary of Mortgagor. 24. SUBROGATIONOF LENDER. Lender shall be subrogated to the rights of the holder of any previous lien, security interest or encumbrance discharged with funds advanced by Lender regardless of whether these liens, security interests or other encumbrances have been released of record. 25. COLLECTION COSTS. To the extent permitted by law, Mortgagor agrees to pay Lender's reasonable fees and costs, including, but not limited to, attorney's commission for collection, fees and costs of attorneys and other agents (including without limitation paralegals, clerks and consultants), whether or not such attorney or agent is an employee of Lender, whic are incurred by Lender in collecting any amount due or enforcing any right or remedy under this Mortgage, whether or not suit is brought, including, but not limited to, all fees and costs incurred on appeal, in bankruptcy, and for post-judgment collection actions. 26. PARTIAL RELEASE. Lender may release its interest in a portion of the Property by executing and recording one or more partial releases without affecting the lien or priority of this Mortgage or Lender's interest in the remaining portion of the Property. Nothing herein shall be deemed to obligate Lender to release any of its interest in the Property(except as required under Paragraph 34), nor shall Lender be obligated to release any part of the Property if Mortgagor is in default under this Mortgage. 27. MODIFICATION AND WAIVER. The modification or waiver of any of Mortgagor's Obligations or Lender's rights under this Mortgage must be contained in a writing signed by Lender. Lender may perform any of Borrower's or Mortgagor s Obligations, delay or fail to exercise any of its rights or accept payments from Mortgagor or anyone other than Mortgagor without causing a waiver of those Obligations or rights. A waiver on one occasion shall not constitute a waiver on any other occasion. Mortgagor's Obligations under this Mortgage shall not be affected if Lender amends, compromises, exchanges, fails to exercise, impairs or releases any of the Obligations belonging to any Mortgagor, Borrower or third party or any of its rights against any Mortgagor Borrower or third party or any of the Property. Lender's failure to insist upon strict performance of any of tke Obligations shall not be deemed a waiver and Lender shall have the right at any time thereafter to insist upon strict performance. 28. SUCCESSORS AND ASSIGNS. This Mortgage shall be binding upon and inure to the benefit of Mortgagor and Lender and their respective successors, assigns, trustees, receivers, administrators, personal representatives, legatees and devisees: 29. NOTICES. Except as otherwise required by law, any notice or other communication to be provided under this Mortgage shall be in writing and sent to the parties at the addresses described in this Mortgage or such other address as the parties may designate in writing from time to time. Any such notice so given and sent by first class mail, postage prepaid, shall be deemed given the earlier of three (3) days after such notice is sent or when received by the person to whom such notice is being given. A notice given by Mortgagor pursuant to 42 Pa.C.S.A. §8143 shall be given by registered or certified mail, return receipt requested, to Lender at the address specified above and only to such address. Such notice shall be deemed to have been received no earlier than the date actually physically received at such address. Mortgagor hereby authorizes Lender, without liability and at Lender's sole discretion, to give notice, in form and substance satisfactory to Lender, of the lien and security interest created by this Mortgage to a holder of a previously recorded mortgage which is a lien on the Property in order, among other things, to subordinate further advances by such mortgage holder. 30. SEVERABILITY. Whenever possible, each provision of this Mortgage shall be interpreted so as to be effective and valid under applicable state law. If any provision of this Mortgage violates the law or is unenforceable, the rest of the Mortgage shall continue to be valid and enforceable. 31. APPLICABLELAW. This Mortgage shall be governed by the laws of the state where the real property is located. Unless applicable law provides otherwise, Grantor consents to the jurisdiction and venue of any court selected by Lender, in its sole discretion, located in that state. 32. NO THIRD PARTY RIGHTS. No person is or shall be a third party beneficiary of any provision of the Mortgage. All provisions of the Mortgage in favor of Lender are intended solely for the benefit of Lender, and no third party shall be entitled lo assume or expect that Lender will not waive or consent to the modification of any provision of the Mortgage, in Lender's sole discretion. 33. PRESERVATION OF LIABILITY AND PRIORITY. Without affecting the liability of Borrower, Mortgagor, or any guarantor of the obligations, or any other person (except a person expressly released in writing) for the payment and performance of the Obligations, and without affecting the rights of Lender with LFF'ASIBG (V Harland Financial Solutions. Inc. (8/22/05) (800) 9373799 Fay 7 of 11 SKI959PG500t respect to any Property not expressly released in writing, and without impairing in any way the priority of this Mortgage over the interest of any person acquired or first evidenced by recording subsequent to the recording of this Mortgage, Lender may, either before or after the maturity of the Obligations, and without notice or consent: release any person liable for payment or performance of all or any part of the Obligations; make any agreement altering the terms of payment or performance of all or any part of the Obligations; exercise or refrain from exercising or waive any right or remedy that Lender may have under the Mortgage; accept additional security of any kind for any of the Obligations; or release or otherwise deal with any real or personal propert y securing the Obligations. Any person acquiring or recording evidence of any interest of any nature m the Propert y shall be deemed, byy acquiring such interest or recording any evidence thereof, to have consented to all or any such actions by Lender. 34. DEFEASANCE. This instrument is given on the express condition that if Mortgagor pas to Lender all sums secured by this Mortgage as provided in the Note, Mortgage and other roan dyocuments and Mort gagor performs and complies with all agreements and conditions contained in said documents then this ortgage and the estate hereby granted shall cease and become void. Lender will execute and deliver to Mortgagor those documents that may be required to release this Mortgage of record. Mortgagor shall be responsible to pay any costs of recordation. 35. CONSTRUCTION LOAN. D This Mortgage is a construction mortgage under the Uniform Commercial Code to secure an obligation incurred for the construction of an improvement on land including the acquisition costs of land. This Mortgage secures a construction loan including unpaid balances of present and future advances made for the erection, construction, alteration, repair or completion of the improvements for which the construction loan was on inally made and it will be subject to the terms of a construction loan agreement between Mortgagor and Lender, which is incorporated by reference and made a part hereof as if fully set forth herein. Any materials, equipment or supplies used or intended for use in the construction, development, or operation of the Property, whether stored on or off the Property, shall also be subject to the lien of this Mortgage. 36. OPEN-END MORTGAGE. This Mortgage is and shall be deemed an "Open-End Mortgage" as defined in 42 Pa.C.S.A.§8143 et seq. This Mortgage secures future advances made pursuant to the promissory note or other Obligations described in paragraph 1 of this Mortgage. All advances made by Lender to Mortgagor on the date hereof and hereafter shall relate back to the date on the Mortgage. The Mortgage secures all unpaid balances of advances made by Lender for taxes, assessments, maintenance charges, insurance premiums or costs incurred for the protection of the Property or the lien of the Mortgage, or expenses incurred by Lender by reason of default by Borrower under the Mortgage, or any other cost incurred by Lender to protect and preserve the Property, all as described in 42 Pa.C.S.N. s8144. If Mortgagor sends a written notice to Lender which purports to limit the indebtedness secured by the Mortgage and to release the obligations of Lender to make any additional advances to Mortgagor, such notice shall be ineffective as to any future advances made: (a) to enable completion of any improvements to the Property; (b) to pay taxes, assessments, maintenance charges and insurance premiums; (c) for costs incurred for the protection of the Property or the lien of the Mortgage; (d) for expenses incurred by Lender by reason of a default by Mortgagor of any of the Obligations described in Paragraph 1 of this Mortgage or any other instrument or document executed and delivered in connection therewith; and (e) for any other costs incurred by Lender to protect or preserve the Property. It is the intention of the parties hereto that any such advance made by Lender after such notice by Mortgagor shall be secured by the lien of the Mortgage on the Property. The receipt by Lender of any such notice from Mortgagor shall constitute a default hereunder, whether or not such notice is sent pursuant to the provisions of 42 Pa. C.S.A. §8143(B) or (C) and whether or not such notice is effected thereunder. 37. WAIVER OF HOMESTEAD. Mortgaggor hereby waives all homestead exemptions in the Property to which Mortgagor would otherwise be entitred under any applicable law. 38. MISCELLANEOUS. Mortgagor and Lender agree that time is of the essence. Mortgagor waives presentment, demand for payment, notice of dishonor and protest all procedural errors, defects and imperfections in any proceeding instituted by Lender under any Note, this Mortgage or other loan documents and any rights to send a written notice pursuant to 42 Pa. Cons. Stat. Ann. §8143(c). All references to Mortgagor in this Mortgage shall include all persons signing below. If there is more than one Mortgagor, their Obligations shall be joint and several. This Mortgage represents the complete integrated understanding between Mortgagor and Lender pertaining to the terms and conditions hereof. 39. JURY TRIAL WAIVER. MORTGAGOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF, OR BASED UPON, THIS MORTGAGE. 40. ADDITIONAL TERMS: LPPA518H it) Harland Financial Solutions. Inc. (8/22/05) (800) 937-3799 Page 8 of 11 ... 8KI959PG5002 Mortgagor acknowledges that Mortgagor has read, understands, and agrees to the terms and conditions of this Mortgage, and acknowledges receipt of an exact copy of same. IN WITNESSWHEREOF,Mortgagor has caused this instrument to be executed as a sealed instrument this 14th day of July, 2006 MORTGAGOR:Mason S Maurer, II 1 axon S Maurer, II °- MORTGAGOR:Trudy L Trudy -I?fa,f -- MO?RTGGAGOR:Marcia Marcia-A Swartz Maurer k Swartz i MORTGAGOR: MORTGAGOR: MORTGAGOR: MORTGAGOR: MORTGAGOR: LPPA5181 T Harland Financial Solutions, Inc. (82105) (800) 937-3799 Page 9 of 1 1 SKI959PG5003 COMMONWEALTH OF PENNSYLVANIA Paulette M. ootanal Seal Quito. Notary Public HanPden Twp., CurnberlaW County My Commission Soles Memh Soles Apr. 18, 2008 qr' P,711 "lie Association of Notaries COMMONWE H O PENNSYLVANIA SS COUNTY OF U a!On this, the day of , before Notaryry Publics an for the Commonwealth and County aforesaid, p rsonally appeared )ili?? j l-. a I?.I?t r?cz .:,W; -r2known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same for the purposes herein contained. WITNESSmy hand and seal the day and year aforesaid. My Commission Expiresbc Notary Public COMMONWEALTH OF PENNSYLVAN INS COUNTY OF On the----.--- day of before me, the subscriber, a Notary Public in and for the Commonwealth and County aforesaid, personally appeared.-.-__ _-__ _.-__-_ -- who acknowledged himself/herself to be a/the___----___.. of - a- ---, and that he/she, as such officer, being authorized to do so, executed the foregoing instrument for the purposed therein contained by signing the name of the _ by himself/herself as such officer and desired that the same might be recorded as such. WITNESSmy hand and seal the day and year aforesaid. My Commission Expires: Notary Public CERTIFICATE OF RESIDENCE ) h,{? __ do hereby certify that the correct address of the within-named Lender is?01 St. Johns Ch h IQ ,_Camp Hill,___ Pennsylvania 17011 Witness my hand this day of 121- Agent - o?f? r LPPA518J gip) Harland Financial Solutions, Inc. (8/22/05) (800) 9373799 Fage 10 of 11 -_-- -_._-- SKI959PG5004 SCHEDULE A? Real property more fully described in Cumberland County Recorder of Deeds office book 272 page 658 dated November 21, 2005 also known as 200North 32nd Street Camp Hill Borough Cumberland County Parcel Identification No. 01-21-0273-022 SCHEDULE B i. I I LPPA518K it) Harland Financial Solutions, Inc. (8/22.05) - teat' 9373799 i ?- '-dge f1 df 11'' BKI959PG5005 CERTIFIED M AIL RE CEIPT D(Damestic Mail Only; Na Insurance Coverage Provided? O rtj For deliver information visit our websit e at www us s com, y . p . , U L l $ _ U' Postage IUD L - - Certified Fee _ ? - NS Q/R ru Gam-- Postmark O Return Receipt Fee Here p ;G^.dcr.=.ernen!,P.-cuiretlt 1=3 Restricted Delivery Fee C:) (Endcrsement!?agw,' I S i ctal rOS(Fig- U tees - ?} _ ? ._. _..... .. - -____.?._. ........ ....._.._----------- ------------------- ..`.1......_... or P C% C .. { _ __._.. . ...... ...... .......... .. .... .....'. ....•.-- ....... "'... - ? r ! t:: n r 77' Mae "?F?Re'L''A?' ??:r9k?5AE ? 743r ? ? ? 'f rirrirri u.o, rt?a I HL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ' .;" .dt4• rL R- Susquehanna Bancshares, Inc. _ Attn: Collections P. O. Box 639 Maugansville, MD 21767-0639 "frroy 9ne piece of ordinary mail addressed to: P r ?' dj V Form 3817. Januarv ?nni u Susquehanna Bank, PA Date: December 17, 2007 CERTIFIED MAIL 7007 1490 0002 5591 7205 Act 91 Notice 7 TAKE ACTION TO SAVE YOUR HOME FROM Cam; ?r FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling A2ency. The name, address, and telephone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PORQUE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO AL NUMBERO GRATIS MENCIONADO ARRIBA DE ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY). PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Mason S. Maurer, II PROPERTY ADDRESS: 200 North 32nd Street Camp Hill, PA 17011 LOAN ACCT. NO.: 901012008 ORIGINAL LENDER: Community Banks CURRENT LENDER/SERVICER: Susquehanna Bank, PA HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS." ` Rev. 8-21-2007 Pennsylvania Act 91 Letter- Form LC 19 IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty-three (33) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY-THREE (33) 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-three (33) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice, (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty-three (33) days of your face-to face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) Rev. 8-21-2007 Pennsylvania Act 91 Letter - Form LC19 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY-THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paving the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and an other costs connected with the Sheriffs Sale asspecified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately four (4) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Susquehanna Bank, PA Address: C/o Susquehanna Loan Center, P.O. Box 639, Mau`_ansville, -NID 21767-0639 Telephone Number: 888-722-7270 Ext. 8122 Fax Number: 240-313-1563 - 'CL Contact Person: Nancy Hahn, Le a4 oordinator EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale Nvill end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale. a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Rev. 8-21-2007 Pennsylvania Act 91 Letter - Form LC 19 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Consumer Credit Counseling Agency Notification To: Date: Name of Mortgagee: Address: In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of Property on which mortgage is in default, if different from above. The counseling agency met with the above named applicant on who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification of intention to foreclose from In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: 1) If the delinquency cannot be resolved within the 33 day forbearance period as provided by law, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2) By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3) It is our understanding that the 33 day forbearance period in which we are now in ends on: No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. Rev. 8-21-2007 Pennsylvania Act 91 Letter- Form LC 19 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (Rev. 11/99) CUMBERLAND COUNTY Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717)334-1518 FAX (717) 334-8326 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Pasta CERTIFIED M AIL REC EIPT ril ,, Only; • . vided) a ru p?lij 1 F 111 111 . Iz j IL 9 17-1 117 t.ri Postage I !? A a i [t M Cartifietl Fee ?/? D +LNS k ru Postmar EM Return Receipt Fee j Here p rE dnrsemant Requiram j ' aesmcteu euvev. - (Endorsemem Pequ!rec) ,r.. Cr- ra Senr o ` D rr. at =p c.: .. °' H` ?tKVICE CERTIFICATE OF MAILING MAY BE-USEn FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE Receive Susquehanna B ancshares, Inc. Attn: Collections P. O. Box 639 Maugansville, MD 21767-0639 tD117 One piece of ordinary mail addressed,to: L ?^ 1 Al 4.1 A PS Form 3817, January 2001 Susquehanna Bank, PA Date: December 17, 2007 CERTIFIED MAIL 7007 1490 0002 5591 7212 Act 91 Notice TAXI(m"ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselin A2encv The name, address, and telephone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PORQUE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO AL NUMBERO GRATIS MENCIONADO ARRIBA DE ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY). PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Trudv L. Maurer PROPERTY ADDRESS: 200 North 32nd Street Camp Hill PA 17011 LOAN ACCT. NO.: 901012008 ORIGINAL LENDER: Community Banks CURRENT LENDER/SERVICER: Susquehanna Bank, PA HOMEOWNER'S EMERGENCYMORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. Rev. 8-21-2007 Pennsylvania Act 91 Letter- Form LC 19 IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty-three (33) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY-THREE (33) 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-three (33) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county to which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice, (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty-three (33) days of your face-to face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) Rev. 8-21-2007 Pennsylvania Act 91 Letter- Form LC19 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: 200 North 32nd Street Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE THE MONTHLY PAYMENTS for the following months and the following amounts are now past due: September 18, 2007- November 18, 2007 Principal Amount Due: Interest Amount Due: Escrow Amount Due: Late Charges: $ 1,149.65 $ 2,028.39 $ 0.00 $ 373.18 TOTAL AMOUNT PAST DUE: $ 3,551.22 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY-THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,551.22, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY-THREE (33) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: Susquehanna Bank, PA C/o Susquehanna Loan Center P.O. Box 639 Maugansville, MD 21767-0639 You can cure any other default by taking the following action within THIRTY-THREE (33) DAYS of the date of this letter. (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY-THREE (33) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY-THREE (33) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY-THREE (33) DAY period you will not be required to pav attornev'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. Rev. 8-21-2007 Pennsylvania Act 91 Letter- Form LC19 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY-THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paving the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately four (4) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Telephone Number: Fax Number: Contact Person: Susquehanna Bank, PA C/o Susquehanna Loan Center, P.O. Box 639, Maugansville, NID 21767-0639 888-722-7270 Ext. 8122 240-313-1563 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs 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 home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Rev. 8-21-2007 Pennsylvania Act 91 Letter -Form LC19 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Consumer Credit Counseling Agency Notification To: Date: Name of Mortgagee: Address: In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of Property on which mortgage is in default, if different from above. The counseling agency met with the above named applicant on who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification of intention to foreclose from In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: 1) If the delinquency cannot be resolved within the 33 day forbearance period as provided by law, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2) By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3) It is our understanding that the 33 day forbearance period in which we are now in ends on: No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. Rev. 8-21-2007 Pennsylvania Act 91 Letter - Form LC19 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (Rev. 11/99) CUMBERLAND COUNTY Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717)334-1518 FAX (717) 334-8326 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMFSTIC AND INTERNATIONAL MAIL. DOES NOT I '•,'?+r'. PROVIDE F Receive Susquehanna Bancshares, Inc. Attn: Collections: P. O. Box 639 Maugansville, MD 21767-0639 One piece of ordinary mail addressed to ?.. _ J PS Form 3817, January 2001 A 1? • rul 8 ? • , d, U'l Lr) e $ LNS MD r1J feed Fe Cartfied Fee "7C"- - C C3 O Return Receipt Fee (Endorsement Required) postmark ti Here J G Restricted Delivery Fee (Endorsement Required) Total Postage 3 Fees I . !r ZZ ant To 171- :(r?,? M Y p atreet.lpt. ?Oo.'' - N or PO Box Na.: 7 rti .L 'ty State. z+ .-- -- `) - ....r: 4 ` _ t :rr ,r WIN= Susquehanna Bank, PA Date: December 17, 2007 CERTIFIED MAIL 7007 1490 0002 5591 7229 Act 91 Notice TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE `'? •° y This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agencv. The name, address, and telephone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1S69). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PORQUE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO AL NUMBERO GRATIS MENCIONADO ARRIBA DE ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY). PUEDE SER ELEGI13LE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Marcia A. Swartz PROPERTY ADDRESS: 200 North 32nd Street Camp Hill, PA 17011 LOAN ACCT. NO.: 901012008 ORIGINAL LENDER: Community Banks CURRENT LENDER/SERVICER: Susquehanna Bank, PA HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. Rev. 8-21-2007 Pennsylvania Act 91 Letter- Form LC19 IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty-three (33) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY-THREE (33) 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-three (33) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice, (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty-three (33) days of your face-to face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time. no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) Rev. 8-21-2007 Pennsylvania. Act 91 Letter - Form LC19 HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date), NATURE OF THE DEFAULT - The Mortgage debt held by the above lender on your property located at: 200 North 32nd Street Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE THE MONTHLY PAYMENTS for the following months and the following amounts are now past due: September 18, 2007- November 18, 2007 Principal Amount Due: $ 1,149.65 Interest Amount Due: $ 2,028.39 Escrow Amount Due: $ 0.00 Late Charges: $ 373.18 TOTAL AMOUNT PAST DUE: $ 3,551.22 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY-THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,551.22, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY-THREE (33) DAY PERIOD. Payments must be made either by cash. cashier's check certified check or money order made payable and sent to: Susquehanna Bank, PA C/o Susquehanna Loan Center P.O. Box 639 Maugansville, MD 21767-0639 You can cure any other default by taking the following action within THIRTY-THREE (33) DAYS of the date of this letter. (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY-THREE (33) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY-THREE (33) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortLyaged Property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY-THREE (33) 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. Rev. 8-21-2007 Pennsylvania Act 91 Letter - Form LC 19 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY-THREE (33) 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 paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately four (4) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Telephone Number Fax Number: Contact Person: Susquehanna Bank, PA C/o Susquehanna Loan Center, P.O. Box 639. Maugansville. MD 21767-0639 888-722-7270 Ext. 8122 1An Z 1 Z 1 [4"1 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Rev. 8-21-2007 Pennsylvania Act 91 Letter - Form LC 19 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Consumer Credit Counseling Agency Notification To: Date: Name of Mortgagee: Address: In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of Property on which mortgage is in default, if different from above. The counseling agency met with the above named applicant on , who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification of intention to foreclose from In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: 1) If the delinquency cannot be resolved within the 33 day forbearance period as provided by law, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2) By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3) It is our understanding that the 33 day forbearance period in which we are now in ends on: No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. Rev. 8-21-2007 Pennsylvania Act 91 Letter- Form LC 19 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (Rev. 11/99) CUMBERLAND COUNTY Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717)334-1518 FAX (717) 334-8326 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 VERIFICATION I, Denise Aherne-Venzke, on behalf of Susquehanna Bank, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unswom falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief keise Aherne-Venzke Q ` O 1;7 OQ _ ?-J rat co 41 SHERIFF'S RETURN - REGULAR CASE NO: 2008-01012 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUSQUEHANNA BANK VS MAURER MASON S II ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWARTZ MARCIA A AKA MARCIA A MAURER AKA MARCIA L SWARTZ the DEFENDANT , at 1848:00 HOURS, on the 25th day of February-, 2008 at 3609 KOHLER PLACE CAMP HILL, PA 17011 by handing to MARCIA SWARTZ a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 13.44 Affidavit .00 Surcharge 10.00 .00 -z1a 9/0 P 2 9. 4 4 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/27/2008 JAMES SMITH DIETTERICK CONNELL By: , Deputy Sheriff A.D. CASE NO: 2008-01012 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUSQUEHANNA BANK VS MAURER MASON S II ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MAURER MASON S II the DEFENDANT , at 1500:00 HOURS, on the 15th day of February-, 2008 at 200 N 32ND STREET CAMP HILL, PA 17011 MASON MAUERER II by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.44 Affidavit .00 Surcharge 10.00 .00 a/a9?oP ?, 1.44 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/27/2008 JAMES SMITH DIETTERICK CONNELL By: eputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01012 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUSQUEHANNA BANK VS MAURER MASON S II ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MAURER TRUDY L the DEFENDANT at 1500:00 HOURS, on the 15th day of February-, 2008 at 200 N 32ND STREET CAMP HILL, PA 17011 MASON MAUERER II by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 00 16. 00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/27/2008 JAMES SMITH DIETTERICK CONNELL By. Deput Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to COMMUNITY BANKS, CIVIL DIVISION No.: 08-1012 Plaintiff, VS. MASON S. MAURER, R, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. I Hereby certify that the last known address of Defendant(s) is/are: Mason and Trudy Maurer 200 N. 32od,Street, Camp Hill, PA 17011 Marcia A. w rtz, et A 17011 3609 Ko r ace, (AmpUd ISSUE NUMBER: TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF: Susquehanna Bank, successor by merger to Community Banks, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 A. ?iettenc uire Attorney for Plaintiff JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to CIVIL DIVISION COMMUNITY BANKS, Plaintiff, NO.: 08-1012 VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. S WARTZ, Defendants. PRAECIPE FOR DEFAULT JUDGMENT TO:PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Mason S. Maurer, II, Trudy L. Maurer and Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz in the amount of $135,545.98 which is itemized as follows: Principal $ 126,919.98 Interest through 4/2/2008 $ 6,368.22 Late Charges $ 542.78 Bank Charges $ 40.00 Attorney's Fees $ 1,250.00 Title Costs $ 425.00 TOTAL $ 135,545.98 plus interest on the principal sum ($126,919.98) from April 2, 2008, at the rate of $30.30821 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. JAN By: Scott Attorney PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Y LLP AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as ev?denc ed by the attached copies. Scott A. Di Sworn to and subscribed before me this'?'day of 2008. 0,6.pok a . Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Alisa M. Stine, Notary Public Derry Tv p., Dauphin County My Commission Expires Nov. 19, 2011 Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK, successor by merger CIVIL DIVISION to COMMUNITY BANKS, Plaintiff, VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER and MARCIA L. SWARTZ, Defendants. NO.: 08-1012 IMPORTANT NOTICE TO: Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz 3609 Kohler Place Camp Hill, PA 17011 DATE OF NOTICE: March 18, 2008 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK, successor by merger CIVIL DIVISION to COMMUNITY BANKS, Plaintiff, NO.: 08-1012 VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER and MARCIA L. SWARTZ, Defendants. AVISO IMPORTANTE A. Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz FECHA DEL AVISO: March 18, 2008 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108! 1 JAMES DATE: March 18, 2008 BY: FIRST CLASS U.S. MAIL, POSTAGE PREPAID & CONNELLY LLP ScotVA. Noterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire PA I.D. 489705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK, successor by merger CIVIL DIVISION to COMMUNITY BANKS, Plaintiff, NO.: 08-1012 VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER and MARCIA L. SWARTZ, Defendants. IMPORTANT NOTICE TO: Trudy L. Maurer 200 N. 32 n1 Street Camp Hill, PA 17011 DATE OF NOTICE: March 18, 2008 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK, successor by merger to COMMUNITY BANKS, Plaintiff, vs. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER and MARCIA L. SWARTZ, Defendants. CIVIL DIVISION NO.: 08-1012 AVISO IMPORTANTE A. Trudy L. Maurer FECHA DEL AVISO: March 18, 2008 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENDS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108,, JAMES DATE: March 18, 2008 BY: FIRST CLASS U.S. MAIL, POSTAGE PREPAID IETTERICK & CONNELLY LLP A. Di pAJ -D-#5 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK, successor by merger CIVIL DIVISION to COMMUNITY BANKS, Plaintiff, NO.: 08-1012 Vs. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER and MARCIA L. SWARTZ, Defendants. IMPORTANT NOTICE TO: Mason S. Maurer, II 200 N. 32nd Street Camp Hill, PA 17011 DATE OF NOTICE: March 18, 2008 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK, successor by merger CIVIL DIVISION to COMMUNITY BANKS, : Plaintiff, NO.: 08-1012 vs. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER and MARCIA L. SWARTZ, Defendants. AVISO IMPORTANTE A. Mason S. Maurer, II FECHA DEL AVISO: March 18, 2008 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 JAMES DATE: March 18, 2008 BY: FIRST CLASS U.S. MAIL, POSTAGE PREPAID & CONNELLY LLP PA I.D. #55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 SHERIFF'S RETURN - REGULAR CASE NO: 2008-01012 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUSQUEHANNA BANK VS MAURER MASON S II ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWARTZ MARCIA A AKA MARCIA A MAURER AKA MARCIA L SWARTZ the DEFENDANT at 1848:00 HOURS, on the 25th day of February-, 2008 at 3609 KOHLER PLACE CAMP HILL, PA 17011 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 ?.- 13.44 .00 10.00 R. Thomas Kline .00 29.44 02/27/2008 JAMES SMITH DIETTERICK CONNELL By : day Deputy Sheriff of A.D SHERIFF'S RETURN - REGULAR CASE NO: 2008-01012 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUSQUEHANNA BANK VS MAURER MASON S II ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MAURER MASON S II the DEFENDANT , at 1500:00 HOURS, on the 15th day of February-, 2008 at 200 N 32ND STREET CAMP HILL, PA 17011 by handing to MASON MAUERER II a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.00 13.44 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 41.44 02/27/2008 JAMES SMITH DIETTERICK CONNELL Sworn and Subscibed to By: Z / /, - before me this day eputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01012 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUSQUEHANNA BANK VS MAURER MASON S II ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MAURER TRUDY L the DEFENDANT at 1500:00 HOURS, on the 15th day of February-, 2008 at 200 N 32ND STREET CAMP HILL, PA 17011 MASON MAUERER II by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/27/2008 JAMES SMITH DIETTERICK CONNELL By: 2//-- 'Depu_tfSheriff of A. D. f^ 00 0e D -4 ?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to CIVIL DIVISION COMMUNITY BANKS, Plaintiff, VS. MASON S. MAURER,11, TRUDY L. MAURER and MARCIA A. SWARTZ aWa MARCIA A. MAURER aWa MARCIA L. S WARTZ, Defendants. NO.: 08-1012 NOTICE OF ORDER. DECREE OR JUDGMENT TO: Mason S. Maurer, H ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $135,545.98 plus interest on the principal sum ($126,919.98) from April 2, 2008, at the rate of $30.30821 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to CIVIL DIVISION COMMUNITY BANKS, Plaintiff, NO.: 08-1012 VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. S WARTZ, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Trudy L. Maurer ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on 0 ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $135,545.98 plus interest on the principal sum ($126,919.98) from April 2, 2008, at the rate of $30.30821 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to COMMUNITY BANKS, Plaintiff, VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. S WARTZ, Defendants. CIVIL DIVISION NO.: 08-1012 NOTICE OF ORDER, DECREE OR JUDGMENT TO: Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $135,545.98 plus interest on the principal sum ($126,919.98) from April 2, 2008, at the rate of $30.30821 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. iN THE COURT OF ai*m PLEAS OF mi 4ou Am CE] wry, PoesmANiA Susquehanna Bank, successor CIVIL DIVISION by merger to Community Banks, File N0.08-1012 (Plaintiff) Amount Due $ 135,545.98 V Interest from 4/2/2008 to Mason S. Maurer, II, Trudy L. date of sae 10,122.94 Maurer and Marcia A. Swartz : Atty's Comm a/k/a Marcia A. Maurer a/k/a : Costs Marcia L. Swartz, (Defendant { s ) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it-is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EX7MMON Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) See Exhibit "A" attached. PRhECIPE FOR ATTACHMENT EX9=CN Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishe ) an- real estate of the defendant(s) described in the attached b,?t April 2, 2008 Signature:_ DATE:- pendens against Print Name: Address: James Smith Dietterick & Connelly LLP P O Box 650, Hershey PA 17033 Attorney for: Plaintiff Telephone: (717) 533-3280 Supreme Court ID No.: 55650 a d 00 •Q v Fo Irb d O 0 i ?. ooa c? ?v t --S-ooo G? K7 rv C? ..L r L, 0 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to CIVIL DIVISION COMMUNITY BANKS, Plaintiff, NO.: 08-1012 VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Susquehanna Bank, successor by merger to Community Banks, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 200 North 32"d Street, Camp Hill, Pennsylvania 17011: 1. Name and Address of Owner(s) or Reputed Owner(s): MASON S. MAURER, II 200 N. 32"a Street Camp Hill, PA 17011 TRUDY L. MAURER 200 N. 32"a Street Camp Hill, PA 17011 MARCIA A. SWARTZ a/k/a MARCIA A. 3609 Kohler Place MAURER a/k/a MARCIA L. SWARTZ Camp Hill, PA 17011 2. Name and Address of Defendant(s) in the Judgment: MASON S. MAURER, II 200 N. 32"a Street Camp Hill, PA 17011 TRUDY L. MAURER 200 N. 32"a Street Camp Hill, PA 17011 MARCIA A. SWARTZ a/k/a MARCIA A. 3609 Kohler Place MAURER a/k/a MARCIA L. SWARTZ Camp Hill, PA 17011 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: SUSQUEHANNA BANK successor by merger Plaintiff to COMMUNITY BANKS 4. Name and Address of the last record holder of every mortgage of record: SUSQUEHANNA BANK successor by merger Plaintiff to COMMUNITY BANKS WACHOVIA BANK NA 301 S. College Street Charlotte, NC 28288 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: DEPARTMENT OF REVENUE PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 COMMONWEALTH OF PA PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 UNKNOWN SPOUSE OF MARCIA A. SWARTZ 3609 Kohler Place a/k/a MARCIA A. MAURER a/k/a MARCIA L. Camp Hill, PA 17011 SWARTZ 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse RELATIONS OFFICE One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. JAME DATED: April 2, 2008 BY: Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 NNELLY LLP Scott A. Dietterick, Esquire ?C7 ?. ? C- c5 = r r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to CIVIL DIVISION COMMUNITY BANKS, Plaintiff, VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/kla MARCIA L. SWARTZ, Defendants. NO.: 08-1012 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Mason S. Maurer, II 200 N. 32°d Street Camp Hill, PA 17011 TAKE NOTICE: That the Sheriff s Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 3, 2008, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 200 N. 32nd Street Camp Hill, Pennsylvania 17011 Cumberland County V The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 08-1012 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Mason S. Maurer, II, Trudy L. Maurer and Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SYGI XV4, DIO TTEtICK & CONNELLY LLP DATED: Apri12, 2008 BY: S"eott A. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF C'? ?:. `, ? ? - '' " ? ? n ? _, m _,. ' :? c ?t .m- LEGAL DESCRIPTION ALL THAT CERTAIN lot or ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the North by Lot No. 21 on the hereinafter mentioned Plan of Lots, now or formerly of John M. Brinton; on the East by Oysters' Point Avenue; on the South by Logan Street; and on the West by a 15 foot alley. Containing 50 feet in front on Oysters' Point Avenue and extending back an even width 160 feet to the aforesaid 15 foot alley. BEING Lot No. 20 on a Plan of Lots of Belvoir, which plan is recorded in Plan Book No. 1, Page 16, Cumberland County records. HAVING thereon erected a two and one-half story frame dwelling house and necessary outbuildings known as 200 North 32" Street, Camp Hill, Pennsylvania. BEING the same premises which Marcia A. Maurer n/k/a Marcia A. Swartz, widow, by Deed dated November 21, 2005 and recorded on November 30, 2005 in and for Cumberland County, in Deed Book Volume 272, Page 658, granted and conveyed unto Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, widowed and Mason S. Maurer, II and Trudy L. Maurer, husband and wife with rights of survivorship. Tax Map No.: 01-21-0273 Parcel No.: 022 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to CIVIL DIVISION COMMUNITY BANKS, Plaintiff, VS. MASON S. MAURER, Il, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. NO.: 08-1012 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Trudy L. Maurer 200 N. 32°d Street Camp Hill, PA 17011 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 3, 2008, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 200 N. 32°d Street Camp Hill, Pennsylvania 17011 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 08-1012 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Mason S. Maurer, II, Trudy L. Maurer and Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITE PIETTAI`NK & CONNELLY LLP DATED: April 2, 2008 BY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. BOX 650 Hershey, PA 17033 (717) 533-3280 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN lot or ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the North by Lot No. 21 on the hereinafter mentioned Plan of Lots, now or formerly of John M. Brinton; on the East by Oysters' Point Avenue; on the South by Logan Street; and on the West by a 15 foot alley. Containing 50 feet in front on Oysters' Point Avenue and extending back an even width 160 feet to the aforesaid 15 foot alley. BEING Lot No. 20 on a Plan of Lots of Belvoir, which plan is recorded in Plan Book No. 1, Page 16, Cumberland County records. HAVING thereon erected a two and one-half story frame dwelling house and necessary outbuildings known as 200 North 32°d Street, Camp Hill, Pennsylvania. BEING the same premises which Marcia A. Maurer n/k/a Marcia A. Swartz, widow, by Deed dated November 21, 2005 and recorded on November 30, 2005 in and for Cumberland County, in Deed Book Volume 272, Page 658, granted and conveyed unto Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, widowed and Mason S. Maurer, II and Trudy L. Maurer, husband and wife with rights of survivorship. Tax Map No.: 01-21-0273 Parcel No.: 022 Exhibit "A" 1k . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to CIVIL DIVISION COMMUNITY BANKS, Plaintiff, NO.: 08-1012 vs. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a : MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, ; Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz 3609 Kohler Place Camp Hill, PA 17011 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 3, 2008, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 200 N. 32nd Street Camp Hill, Pennsylvania 17011 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 08-1012 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Mason S. Maurer, II, Trudy L. Maurer and Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 V THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH` FAETTFKIM & CONNELLY LLP DATED: April 2, 2008 BY: Lgcott'A. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN lot or ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the North by Lot No. 21 on the hereinafter mentioned Plan of Lots, now or formerly of John M. Brinton; on the East by Oysters' Point Avenue; on the South by Logan Street; and on the West by a 15 foot alley. Containing 50 feet in front on Oysters' Point Avenue and extending back an even width 160 feet to the aforesaid 15 foot alley. BEING Lot No. 20 on a Plan of Lots of Belvoir, which plan is recorded in Plan Book No. 1, Page 16, Cumberland County records. HAVING thereon erected a two and one-half story frame dwelling house and necessary outbuildings known as 200 North 32nd Street, Camp Hill, Pennsylvania. BEING the same premises which Marcia A. Maurer n/k/a Marcia A. Swartz, widow, by Deed dated November 21, 2005 and recorded on November 30, 2005 in and for Cumberland County, in Deed Book Volume 272, Page 658, granted and conveyed unto Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, widowed and Mason S. Maurer, II and Trudy L. Maurer, husband and wife with rights of survivorship. Tax Map No.: 01-21-0273 Parcel No.: 022 Exhibit "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1012 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUSQUEHANNA BANK, successor by merger to COMMUNITY BANKS, Plaintiff (s) From MASON S. MAURER, H; TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ (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 $135,545.98 L.L.$ 0.50 Interest from 4/02/08 to Date of Sale - $10,122.94 Atty's Comm % Due Prothy $2.00 Atty Paid $205.88 Other Costs Plaintiff Paid Date: 4/14/08 19 26 Prothonota (Seal) By: REQUESTING PARTY: Name: SCOTT A. DIETTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY, LLP PO BOX 650 HERSHEY, PA 17033 Deputy Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 -1 + IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to COMMUNITY BANKS, Plaintiff, VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. CIVIL DIVISION NO.: 08-1012 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Susquehanna Bank, successor by merger to Community Banks, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 200 North 32nd Street, Camp Hill, Pennsylvania 17011: 1. Name and Address of Owner(s) or Reputed Owner(s): MASON S. MAURER, II 200 N. 32nd Street Camp Hill, PA 17011 TRUDY L. MAURER 200 N. 32nd Street Camp Hill, PA 17011 MARCIA A. SWARTZ a/k/a MARCIA A. 3609 Kohler Place MAURER a/k/a MARCIA L. SWARTZ Camp Hill, PA 17011 2. Name and Address of Defendant(s) in the Judgment: MASON S. MAURER, II 200 N. 32nd Street Camp Hill, PA 17011 TRUDY L. MAURER 200 N. 32nd Street Camp Hill, PA 17011 MARCIA A. SWARTZ a/k/a MARCIA A. 3609 Kohler Place MAURER a/k/a MARCIA L. SWARTZ Camp Hill, PA 17011 A 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: SUSQUEHANNA BANK successor by merger Plaintiff to COMMUNITY BANKS ONYX ACCEPTANCE CORPORATION 27051 Towne Centre Drive Foothill Ranch, CA 92610 4. Name and Address of the last record holder of every mortgage of record: SUSQUEHANNA BANK successor by merger Plaintiff to COMMUNITY BANKS WACHOVIA BANK NA 301 S. College Street Charlotte, NC 28288 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: DEPARTMENT OF REVENUE COMMONWEALTH OF PA UNKNOWN SPOUSE OF MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 3609 Kohler Place Camp Hill, PA 17011 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse RELATIONS OFFICE One Courthouse Square Carlisle, PA 17013 I" I verify that the statements made in this Amended Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. JAMES, SMITJUIPIFTTIERICK & CONNELLY LLP DATED: ALL 2, 2008 BY: Scott A-Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 +-rt C?o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by CIVIL DIVISION merger to COMMUNITY BANKS, Plaintiff, NO.: 08-1012 VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. ISSUE NO.: TYPE OF PLEADING: Pa.R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: Susquehanna Bank, successor by merger to Community Banks, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by CIVIL DIVISION merger to COMMUNITY BANKS, Plaintiff, NO.: 08-1012 VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. Pa.&C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST I, Scott A. Dietterick, Esquire, attorney for Susquehanna Bank, successor by merger to Community Banks, Plaintiff, being duly sworn according to law depose and make the following Affidavit regarding service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendants/Owners and Other Parties of Interest as follows: 1. Defendants, Mason S. Maurer, II, Trudy L. Maurer and Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, are the record owners of the real property. 2. On or about May 17, 2008, Defendant, Mason S. Maurer, II, was served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129, personally by the Sheriff of Cumberland County, at the address of the mortgaged premises, being 200 N. 32nd Street, Camp Hill, Pennsylvania 17011. A true and correct copy of said Notice and Return of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about May 17, 2008, Defendant, Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, was served with Plaintiff's Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129, personally by the Sheriff of Cumberland County at 3609 Kohler Place, Apartment #12, Camp Hill, Pennsylvania 17011. A true and correct copy of the Notice and Return of Service are marked Exhibit "B", attached hereto and made a part hereof. 4. On or about July 18, 2008, Defendant, Trudy L. Maurer, was served with Plaintiff s Notice of Sheriff s Sale of Real Property Pursuant to Pa.R.C.P. 3129, personally by the Sheriff of Cumberland County via deputizing the Sheriff of Perry County at 1034 Dellville Road, Duncannon, Pennsylvania 17020. A true and correct copy of the Notice and Return of Service are marked Exhibit "C", attached hereto and made a part hereof. 5. On or about May 23, 2008, Plaintiff s counsel served all other parties in interest with Plaintiff s Notice of Sheriff's Sale according to Plaintiff s Affidavit Pursuant to Rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "D", attached hereto and made a part hereof. Finally, the undersigned deposes and says that Defendants/Owners and all Other Parties of Interest were served with Plaintiffs Notice of Sheriff s Sale of Real Property in accordance with Pa. R.C.P. 3129.2. JAMES, H, D)C-VTERIrCK & CONNELLY LLP Dated: August 15, 2008 BY: r Sco Diettenck, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Sworn to and subscribed before me this day of t? S T , 2008. CW 5+ L Notary Public MY COMMISSION EXPIRES: NOTARIAL SEAL CHRISIMIE L WNLOCK NOW PWft HUW*LSTONM SORO, OIMIPMMI C"" My COMM" EWk" JW 23. 5012 ?;??? ,- M ;?- :ry? ?,t. }? ??.,?.,.??...,.o.??.?.,,...?-:mss EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to CIVIL DIVISION COMMUNITY BANKS, Plaintiff, NO.: 08-1012 VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, : Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Mason S. Maurer, II 200 N. 32nd Street Camp Hill, PA 17011 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 3, 2008, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 200 N. 32nd Street Camp Hill, Pennsylvania 17011 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 08-1012 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Mason S. Maurer, II, Trudy L. Maurer and Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff s Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SYUUq, DIVTEVICK & CONNELLY LLP DATED: April 2, 2008 BY: S'bott A. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN lot or ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the North by Lot No. 21 on the hereinafter mentioned Plan of Lots, now or formerly of John M. Brinton; on the East by Oysters' Point Avenue; on the South by Logan Street; and on the West by a 15 foot alley. Containing 50 feet in front on Oysters' Point Avenue and extending back an even width 160 feet to the aforesaid 15 foot alley. BEING Lot No. 20 on a Plan of Lots of Belvoir, which plan is recorded in Plan Book No. 1, Page 16, Cumberland County records. HAVING thereon erected a.two and one-half story frame dwelling house and necessary outbuildings known as 200 North 32°d Street, Camp Hill, Pennsylvania. BEING the same premises which Marcia A. Maurer n/k/a Marcia A. Swartz, widow, by Deed dated November 21, 2005 and recorded on November 30, 2005 in and for Cumberland County, in Deed Book Volume 272, Page 658, granted and conveyed unto Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, widowed and Mason S. Maurer, II and Trudy L. Maurer, husband and wife with rights of survivorship. Tax Map No.: 01-21-0273 Parcel No.: 022 Exhibit "A" Susquehanna Bank, successor by merger to In the Court of Common Pleas of Community Banks Cumberland County, Pennsylvania VS Writ No. 2008-1012 Civil Term Mason S. Maurer, II, Trudy L. Maurer and Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2008 at 1200 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Mason S. Maurer, II, by making known unto Mason Maurer personally, at 200 N. 32nd Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2008 at 13 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, by making known unto Marcia Swartz personally, at 3609 Kohler Place, Apt. 12, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he madea diligent search and inquiry for the within named defendant, to wit: Trudy L. Maurer, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. Perry County Return: And Now, July 18, 2008 at 0935 hours served the within Real estate Writ, Notice of Sale and Description upon the defendant, Trudy L. Maurer, by handing to Vicki Crosson, mother of defendant, at 1,034 Dellville Road, Duncannon, PA 17020. So Answers: Carl Nace, Sheriff of Perry County, Pennsylvania. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2008 at 1055 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 Mason S. Maurer, II, Trudy L. Maurer and Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz located at 200 North 32nd Street, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Mason S. Maurer, II by regular mail to his last known address of 200 N. 32nd Street, Camp Hill, PA 17011. This letter was mailed under the date of July 3, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Trudy L. Maurer by regular mail to her last known address of 1034 Dellville Road, Duncannon, PA 17020. This letter was mailed under the date of July 23, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz by regular mail to her last known address of 3609 Kohler Place, Apt. 12, Camp Hill, PA 17011. This letter was mailed under the date of July 3, 2008 and never returned to the Sheriffs Office. So Answers: ` R. Thomas Kline, Sheriff BY c l .fZL Real Estate Sergeant i EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to CIVIL DIVISION COMMUNITY BANKS, Plaintiff, NO.: 08-1012 vs. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz 3609 Kohler Place Camp Hill, PA 17011 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 3, 2008, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 200 N. 32nd Street Camp Hill, Pennsylvania 17011 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 08-1012 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Mason S. Maurer, II, Trudy L. Maurer and Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, DATED: April 2, 2008 BY: CONNELLY LLP Dietterick, Esquire Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF Pa. I.D. #55650 LEGAL DESCRIPTION ALL THAT CERTAIN lot or ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the North by Lot No. 21 on the hereinafter mentioned Plan of Lots, now or formerly of John M. Brinton; on the East by Oysters' Point Avenue; on the South by Logan Street; and on the West by a 15 foot alley. Containing 50 feet in front on Oysters' Point Avenue and extending back an even width 160 feet to the aforesaid 15 foot alley. BEING Lot No. 20 on a Plan of Lots of Belvoir, which plan is recorded in Plan Book No. 1, Page 16, Cumberland County records. HAVING thereon erected a.two and one-half story frame dwelling house and necessary outbuildings known as 200 North 32" Street, Camp Hill, Pennsylvania. BEING the same premises which Marcia A. Maurer n/k/a Marcia A. Swartz, widow, by Deed dated November 21, 2005 and recorded on November 30, 2005 in and for Cumberland County, in Deed Book Volume 272, Page 658, granted and conveyed unto Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, widowed and Mason S. Maurer, II and Trudy L. Maurer, husband and wife with rights of survivorship. Tax Map No.: 01-21-0273 Parcel No.: 022 Exhibit "A" Susquehanna Bank, successor by merger to In the Court of Common Pleas of Community Banks Cumberland County, Pennsylvania VS Writ No. 2008-1012 Civil Term Mason S. Maurer, II, Trudy L. Maurer and Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2008 at 1200 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Mason S. Maurer, II, by making known unto Mason Maurer personally, at 200 N. 32nd Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2008 at 13 50 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, by making known unto Marcia Swartz personally, at 3609 Kohler Place, Apt. 12, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies 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: Trudy L. Maurer, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. Perry County Return: And Now, July 18, 2008 at 0935 hours served the within Real eState Writ, Notice of Sale and Description upon the defendant, Trudy L. Maurer, by handing to Vicki Crosson, mother of defendant, at 1,034 Dellville Road, Duncannon, PA 17020. So Answers: Carl Nace, Sheriff of Perry County, Pennsylvania. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2008 at 1055 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 Mason S. Maurer, II, Trudy L. Maurer and Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz located at 200 North 32nd Street, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Mason S. Maurer, II by regular mail to his last known address of 200 N. 32nd Street, Camp Hill, PA 17011. This letter was mailed under the date of July 3, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Trudy L. Maurer by regular mail to her last known address of 1034 Dellville Road, Duncannon, PA 17020. This letter was mailed under the date of July 23, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz by regular mail to her last known address of 3609 Kohler Place, Apt. 12, Camp Hill, PA 17011. This letter was mailed under the date of July 3, 2008 and never returned to the Sheriffs Office. So Answers: R. Thomas Kline, Sheriff BY t v Real Estate Sergeant EXHIBIT 66U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to CIVIL DIVISION COMMUNITY BANKS, Plaintiff, NO.: 08-1012 VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Trudy L. Maurer 200 N. 32nd Street Camp Hill, PA 17011 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 3, 2008, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 200 N. 32nd Street Camp Hill, Pennsylvania 17011 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 08-1012 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Mason S. Maurer, II, Trudy L. Maurer and Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: I . You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff s Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITAI,.pIETT)91W?K & CONNELLY LLP DATED: April 2, 2008 BY: Scott A.-Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN lot or ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the North by Lot No. 21 on the hereinafter mentioned Plan of Lots, now or formerly of John M. Brinton; on the East by Oysters' Point Avenue; on the South by Logan Street; and on the West by a 15 foot alley. Containing 50 feet in front on Oysters' Point Avenue and extending back an even width 160 feet to the aforesaid 15 foot alley. BEING Lot No. 20 on a Plan of Lots of Belvoir, which plan is recorded in Plan Book No. 1, Page 16, Cumberland County records. HAVING thereon erected a.two and one-half story frame dwelling house and necessary outbuildings known as 200 North 32nd Street, Camp Hill, Pennsylvania. BEING the same premises which Marcia A. Maurer n/k/a Marcia A. Swartz, widow, by Deed dated November 21, 2005 and recorded on November 30, 2005 in and for Cumberland County, in Deed Book Volume 272, Page 658, granted and conveyed unto Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, widowed and Mason S. Maurer, II and Trudy L. Maurer, husband and wife with rights of survivorship. Tax Map No.: 01-21-0273 Parcel No.: 022 Exhibit "A" Susquehanna Bank, successor by merger to In the Court of Common Pleas of Community Banks Cumberland County, Pennsylvania VS Writ No. 2008-1012 Civil Term Mason S. Maurer, II, Trudy L. Maurer and Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2008 at 1200 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Mason S. Maurer, II, by making known unto Mason Maurer personally, at 200 N. 32nd Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2008 at 1350 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, by making known unto Marcia Swartz personally, at 3609 Kohler Place, Apt. 12, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies 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: Trudy L. Maurer, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. Perry County Return: And Now, July 18, 2008 at 0935 hours served the within Real eState Writ, Notice of Sale and Description upon the defendant, Trudy L. Maurer, by handing to Vicki Crosson, mother of defendant, at 1,034 Dellville Road, Duncannon, PA 17020. So Answers: Carl Nace, Sheriff of Perry County, Pennsylvania. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2008 at 1055 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 Mason S. Maurer, II, Trudy L. Maurer and Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz located at 200 North 32nd Street, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Mason S. Maurer, II by regular mail to his last known address of 200 N. 32nd Street, Camp Hill, PA 17011. This letter was mailed under the date of July 3, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Trudy L. Maurer by regular mail to her last known address of 1034 Dellville Road, Duncannon, PA 17020. This letter was mailed under the date of July 23, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz by regular mail to her last known address of 3609 Kohler Place, Apt. 12, Camp Hill, PA 17011. This letter was mailed under the date of July 3, 2008 and never returned to the Sheriffs Office. So Answers: ` R. Thomas Kline, Sheriff BY Real Estate Sergeant EXHIBIT "D" t1.S. POSTAL•SERVICE CERTIFICATE OF MAILING MAY BE L' PROVIDE James Smith Dietterick & Connelly LLP _ R ATTN: Shelly Elliott _ P.O. Box 650 ,, .?, Hershey, PA 17033 • m r?d i finery 4? ( PS Form 3011, January 2001 YI MA' U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE L -- -'- - PROVIDE James Smith Dietterick & Connelly '° - Recei ATTN: Shelly Elliott P.O. Box 650 Hershey, PA 17033 r •c f addressed to: 40- YS Form jai /, January ZUUI l fl-M&- &- /L/ P. •ti • l ilasIeF c Z 0 / M IC) rl S 4 ?y •.1. .. r. I Hasler 64') O v" O N 0 3 O -N•1 ,a o D -+ ® a Ip rn e L. 1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING IAY BE USED FOR rIOU enr nun,.--•••-•-..-. - ROVIDF James Smith Dietterick & Connelly LLP - •• Race ATTN: Shelly Elliott - P.O. Box 650 - Hasler - Hershey, PA 17033 - i 9 ? n to 6 g piew o Inaryaddress to: Ot ' rn (014 1&4?77 O f ?Mv1 I1 0i CA I A lftiWle- )AAA- m- I p O W PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE V°"•'_.,.,,,.....?_..._...-_... _._.... ..... ____..__ PROVIDE James Smith Dietterick & Connelly LLP - Recdv ATTN: Shelly Elliott P.O. Box 650 Hershey, PA 17033 1 piece of rdinary a add fAA U # Jai Hasler 1a WE E 619 a ? ? O N O1 O V O 4 rn w I p ow rn r t U.S. POSTAL SERVICE CERTIFICATE OF MAILING- (}?1 r5t MAY BE l' -- -- --. •?^^^ ,•,^ ,•,*coe,ennuAl MAII DOES NOT " is s _p PROVIDE r {,I ilk` James Smith Dietterick & Connelly LLP Races ATTN: Shelly Elliott - P.O. Box 650 6lasIi it, - Hershey, PA 17033 - Ic_ piece f ordinary mall addrKf •: •A.. _0 n C-? L 3 .a c Q Q 1 -I A, Af7- Eq ° I M> 3 h G2 , °??'I , PS Form 3817, January 2001 KZ l-' Y/ r ti U.S. POSTAL SERVICE CERTIFICATE OF MAILING M i MAY BE USED F PROVIDE FOR I James Smith Dietterick & Connelly LLP Recebed F" ATTN: Shelly Elliott ` P.O. Box 650 ' cif) Hershey, PA 17033 Cl7 69 O 'ece or ordln mail eddraa8a to: - a o N 0 3 _a ` N 3 ! o « o 1 • rn rn I '? w A A, AA1I, - b01 PS Forn 3817, January 2001 f V l.G 1 ' 4 1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING J MAY BE USEn FOR rx1MFRTIr AND INTERNATIONAL MAIL. DOES NOT PROVIDE F ' James Smith Dietterick & Connelly LLP % Rowl- ATTN: Shelly Elliott - P.O. Box 650 v Hasler - Hershey, PA 17033 to o; 69 0 0 acs o •0 t..7 V/N y 10 ..a W 1 D .a o Q ?< / / O m? o Ip o PS Form 3817, January 2001 F'S Form 351 1, January 2001 0 / vt AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to CIVIL DIVISION COMMUNITY BANKS, Plaintiff, NO.: 08-1012 vs. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, : Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: ONYX ACCEPTANCE CORPORATION 27051 Towne Centre Drive Foothill Ranch, CA 92610 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 3, 2008 at 10:00 a.m., the following described real estate which Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, Trudy L. Maurer and Mason S. Maurer II are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of 200 North 32nd Street Camp Hill, Pennsylvania 17011 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of SUSQUEHANNA BANK successor by merger to COMMUNITY BANKS, Plaintiff, VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. at EX. NO. 08-1012 in the amount of $135,545.98, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIETTERICK & CONNELLMLLP A Dated: By: " U Scott A. tteric , Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot or ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the North by Lot No. 21 on the hereinafter mentioned Plan of Lots, now or formerly of John M. Brinton; on the East by Oysters' Point Avenue; on the South by Logan Street; and on the West by a 15 foot alley. Containing 50 feet in front on Oysters' Point Avenue and extending back an even width 160 feet to the aforesaid 15 foot alley. BEING Lot No. 20 on a Plan of Lots of Belvoir, which plan is recorded in Plan Book No. 1, Page 16, Cumberland County records. HAVING thereon erected a two and one-half story frame dwelling house and necessary outbuildings known as 200 North 32nd Street, Camp Hill, Pennsylvania. BEING the same premises which Marcia A. Maurer n/k/a Marcia A. Swartz, widow, by Deed dated November 21, 2005 and recorded on November 30, 2005 in and for Cumberland County, in Deed Book Volume 272, Page 658, granted and conveyed unto Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, widowed and Mason S. Maurer, II and Trudy L. Maurer, husband and wife with rights of survivorship. Tax Map No.: 01-21-0273 Parcel No.: 022 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to CIVIL DIVISION COMMUNITY BANKS, : Plaintiff, VS. NO.: 08-1012 MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 3, 2008 at 10:00 a.m., the following described real estate which Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, Trudy L. Maurer and Mason S. Maurer II are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 200 North 32°d Street Camp Hill, Pennsylvania 17011 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of SUSQUEHANNA BANK successor by merger to COMMUNITY BANKS, Plaintiff, vs. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. at EX. NO. 08-1012 in the amount of $135,545.98, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIETTTRICK & CONNELLY, LbP A / Dated: 3 O -' l/ I By: Scott A. i , Esquire PA ID #55 0 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot or ground situate in the Borough of Camp Hill, Cumberland- County, Pennsylvania, bounded and described as follows, to wit: ON the North by Lot No. 21 on the hereinafter mentioned Plan of Lots, now or formerly of John M. Brinton; on the East by Oysters' Point Avenue; on the South by Logan Street; and on the West by a 15 foot alley. Containing 50 feet in front on Oysters' Point Avenue and extending back an even width 160 feet to the aforesaid 15 foot alley. BEING Lot No. 20 on,a Plan of Lots of Belvoir, which plan is recorded in Plan Book No. 1, Page 16, Cumberland County records. HAVING thereon erected a two and one-half story frame dwelling house and necessary outbuildings known as 200 North 32id Street, Camp Hill, Pennsylvania. BEING the same premises which Marcia A. Maurer n/k/a Marcia A. Swartz, widow, by Deed dated November 21, 2005 and recorded on November 30, 2005 in and for Cumberland County, in Deed Book Volume 272, Page 658, granted and conveyed unto Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, widowed and Mason S. Maurer, II and Trudy L. Maurer, husband and wife with rights of survivorship. Tax Map No.: 01-21-0273 Parcel No.: 022 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to CIVIL DIVISION COMMUNITY BANKS, Plaintiff, NO.: 08-1012 vs. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: UNKNOWN SPOUSE OF MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ 3609 Kohler Place Camp Hill, PA 17011 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 3, 2008 at 10:00 a.m., the following described real estate which Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, Trudy L. Maurer and Mason S. Maurer II are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 200 North 32°d Street Camp Hill, Pennsylvania 17011 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of SUSQUEHANNA BANK successor by merger to COMMUNITY BANKS, Plaintiff, VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. at EX. NO. 08-1012 in the amount of $135,545.98, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH DIETTERICK & CONNELLY Lii n . Dated: By: \ Scott A. i 'ck, Esquire PA ID # 650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot or ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the North by Lot No. 21 on the hereinafter mentioned Plan of Lots, now or formerly of John M. Brinton; on the East by Oysters' Point Avenue; on the South by Logan Street; and on the West by a 15 foot alley. Containing 50 feet in front on Oysters' Point Avenue and extending back an even width 160 feet to the aforesaid 15 foot alley. BEING Lot No. 20 on a Plan of Lots of Belvoir, which plan is recorded in Plan Book No. 1, Page 16, Cumberland County records. HAVING thereon erected a two and one-half story frame dwelling house and necessary outbuildings known as 200 North 32' Street, Camp Hill, Pennsylvania. BEING the same premises which Marcia A. Maurer n/k/a Marcia A. Swartz, widow, by Deed dated November 21, 2005 and recorded on November 30, 2005 in and for Cumberland County, in Deed Book Volume 272, Page 658, granted and conveyed unto Marcia A. Swartz a/k/a Marcia A. Maurer &Wa Marcia L. Swartz, widowed and Mason S. Maurer, II and Trudy L. Maurer, husband and wife with rights of survivorship. Tax Map No.: 01-21-0273 Parcel No.: 022 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to CIVIL DIVISION COMMUNITY BANKS, Plaintiff, VS. NO.: 08-1012 MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: COMMONWEALTH OF PENNSYLVANIA PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 3, 2008 at 10:00 a.m., the following described real estate which Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, Trudy L. Maurer and Mason S. Maurer II are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of 200 North 32nd Street Camp Hill, Pennsylvania 17011 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of SUSQUEHANNA BANK successor by merger to COMMUNITY BANKS, Plaintiff, VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. at EX. NO. 08-1012 in the amount of $135,545.98, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, CONNELLY LLl Dated: By: Scott A. Di c , E PA ID #556t6 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot or ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the North by Lot No. 21 on the hereinafter mentioned Plan of Lots, now or formerly of John M. Brinton; on the East by Oysters' Point Avenue; on the South by Logan Street; and on the West by a 15 foot alley. Containing 50 feet in front on Oysters' Point Avenue and extending back an even width 160 feet to the aforesaid 15 foot alley. BEING Lot No. 20 on a Plan of Lots of Belvoir, which plan is recorded in Plan Book No. 1, Page 16, Cumberland County records. HAVING thereon erected a two and one-half story frame dwelling house and necessary outbuildings known as 200 North 32nd Street, Camp Hill, Pennsylvania. BEING the same premises which Marcia A. Maurer n/k/a Marcia A. Swartz, widow, by Deed dated November 21, 2005 and recorded on November 30, 2005 in and for Cumberland County, in Deed Book Volume 272, Page 658, granted and conveyed unto Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, widowed and Mason S. Maurer, II and Trudy L. Maurer, husband and wife with rights of survivorship. Tax Map No.: 01-21-0273 Parcel No.: 022 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to CIVIL DIVISION COMMUNITY BANKS, Plaintiff, NO.: 08-1012 VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(6) TO: DEPARTMENT OF REVENUE PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 3, 2008 at 10:00 a.m., the following described real estate which Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, Trudy L. Maurer and Mason S. Maurer II are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 200 North 32°d Street Camp Hill, Pennsylvania 17011 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of SUSQUEHANNA BANK successor by merger to COMMUNITY BANKS, Plaintiff, VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. at EX. NO. 08-1012 in the amount of $135,545.98, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIETTERICK & CONNELLY IcLA - A Dated:- )? 2z [0? By: \-? Scott A. Diett c , PA ID #5565 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot or ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the North by Lot No. 21 on the hereinafter mentioned Plan of Lots, now or formerly of John M. Brinton; on the East by Oysters' Point Avenue; on the South by Logan Street; and on the West by a 15 foot alley. Containing 50 feet in front on Oysters' Point Avenue and extending back an even width 160 feet to the aforesaid 15 foot alley. BEING Lot No. 20 on a Plan of Lots of Belvoir, which plan is recorded in Plan Book No. 1, Page 16, Cumberland County records. HAVING thereon erected a two and one-half story frame dwelling house and necessary outbuildings known as 200 North 32nd Street, Camp Hill, Pennsylvania. BEING the same premises which Marcia A. Maurer n/k/a Marcia A. Swartz, widow, by Deed dated November 21, 2005 and recorded on November 30, 2005 in and for Cumberland County, in Deed Book Volume 272, Page 658, granted and conveyed unto Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, widowed and Mason S. Maurer, II and Trudy L. Maurer, husband and wife with rights of survivorship. Tax Map No.: 01-21-0273 Parcel No.: 022 r Ir IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to CIVIL DIVISION COMMUNITY BANKS, Plaintiff, NO.: 08-1012 VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 3, 2008 at 10:00 a.m., the following described real estate which Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, Trudy L. Maurer and Mason S. Maurer II are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of 200 North 32' Street Camp Hill, Pennsylvania 17011 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). 1 f The said Writ of Execution has been issued on a judgment in the action of SUSQUEHANNA BANK successor by merger to COMMUNITY BANKS, Plaintiff, VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. at EX. NO. 08-1012 in the amount of $135,545.98, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DTTT?'/ LICK & CONNELLY LLF /' /? ? Dated: -1vU By: Scott A. PA ID #55656/ Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 k 4 , 1r LEGAL DESCRIPTION ALL THAT CERTAIN lot or ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the North by Lot No. 21 on the hereinafter mentioned Plan of Lots, now or formerly of John M. Brinton; on the East by Oysters' Point Avenue; on the South by Logan Street; and on the West by a 15 foot alley. Containing 50 feet in front on Oysters' Point Avenue and extending back an even width 160 feet to the aforesaid 15 foot alley. BEING Lot No. 20 on a Plan of Lots of Belvoir, which plan is recorded in Plan Book No. 1, Page 16, Cumberland County records. HAVING thereon erected a two and one-half story frame dwelling house and necessary outbuildings known as 200 North 32nd Street, Camp Hill, Pennsylvania. BEING the same premises which Marcia A. Maurer n/k/a Marcia A. Swartz, widow, by Deed dated November 21, 2005 and recorded on November 30, 2005 in and for Cumberland County, in Deed Book Volume 272, Page 658, granted and conveyed unto Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, widowed and Mason S. Maurer, II and Trudy L. Maurer, husband and wife with rights of survivorship. Tax Map No.: 01-21-0273 Parcel No.: 022 P , " Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to CIVIL DIVISION COMMUNITY BANKS, : Plaintiff, VS. NO.: 08-1012 MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ aWa MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, : Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: WACHOVIA BANK NA 301 S. College Street Charlotte, NC 28288 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 3, 2008 at 10:00 a.m., the following described real estate which Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, Trudy L. Maurer and Mason S. Maurer II are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 200 North 32nd Street Camp Hill, Pennsylvania 17011 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). • 1 , ? The said Writ of Execution has been issued on a judgment in the action of SUSQUEHANNA BANK successor by merger to COMMUNITY BANKS, Plaintiff, VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. at EX. NO. 08-1012 in the amount of $135,545.98, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated:. 23 06 JAMES, SMITH, DIETTERICK & CONNELLY LLP By: Scott A. Dietterick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 i , LEGAL DESCRIPTION ALL THAT CERTAIN lot or ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the North by Lot No. 21 on the hereinafter mentioned Plan of Lots, now or formerly of John M. Brinton; on the East by Oysters' Point Avenue; on the South by Logan Street; and on the West by a 15 foot alley. Containing 50 feet in front on Oysters' Point Avenue and extending back an even width 160 feet to the aforesaid 15 foot alley. BEING Lot No. 20 on a Plan of Lots of Belvoir, which plan is recorded in Plan Book No. 1, Page 16, Cumberland County records. HAVING thereon erected a two and one-half story frame dwelling house and necessary outbuildings known as 200 North 32°d Street, Camp Hill, Pennsylvania. BEING the same premises which Marcia A. Maurer n/k/a Marcia A. Swartz, widow, by Deed dated November 21, 2005 and recorded on November 30, 2005 in and for Cumberland County, in Deed Book Volume 272, Page 658, granted and conveyed unto Marcia A. Swartz aWa Marcia A. Maurer a/k/a Marcia L. Swartz, widowed and Mason S. Maurer, II and Trudy L. Maurer, husband and wife with rights of survivorship. Tax Map No.: 01-21-0273 Parcel No.: 022 ?? . '"_3 """.. d x `"?1 '' c ,3 ?_- ?'= ?? `?c "".. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK, successor by merger CIVIL DIVISION to COMMUNITY BANKS, Plaintiff, NO.: 08-1012 VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/kla MARCIA A. MAURER and MARCIA L. SWARTZ, Defendants. PRAECIPE TO WITHDRAW APPEARANCE AND ENTER APPEARANCE TO THE PROTHONOTARY: Please WITHDRAW the appearance of James, Smith, Dietterick & Connelly LLP on behalf of Plaintiff and ENTER the appearance of Steven A. Stine, Esquire on behalf of Plaintiff at the above-captioned term and number. Respectfully J BY: Scott A. iet eric , Attorneys for Plaintiff PA I.D. # 55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 _ LAW QWC P S30M A. STINE By: Steven squi Attorney .D.#4 Attorney for Plaintiff 23 Waverly Drive, Hummelstown, PA 17036 (717) 903-1268 Y LLP ??_ ? ct? ?i =`--'' ?? t .?,w? ', a`- ?: "s ?? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which SUSQUEHANNA BANK is the grantee the same having been sold to said grantee on the 3RD day of SEPT A.D., 2008, under and by virtue of a writ Execution issued on the 14TH day of APRIL, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 1012, at the suit of SUSQUEHANNA BANK against MASON S MAURER II TRUDY L MARCIA A AKA MARCIA A SWARTZ AKA MARCIA MARCIA L is duly recorded as Instrument Number 200831973. IN TESTIMONY WHEREOF, I have ereunto set my hand and seal of said office this day of A.D. /1 Recorder of Deeds Raooram of tza tk Cw6*dv4 County Caries, PA My Come mW E*98 Itw Fief Monday 01 Jan. 2010 Susquehanna Bank, successor by merger to In the Court of Common Pleas of Community Banks Cumberland County, Pennsylvania VS Writ No. 2008-1012 Civil Term Mason S. Maurer, II, Trudy L. Maurer and Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2008 at 1200 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Mason S. Maurer, II, by making known unto Mason Maurer personally, at 200 N. 32nd Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2008 at 1350 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, by making known unto Marcia Swartz personally, at 3609 Kohler Place, Apt. 12, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies 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: Trudy L. Maurer, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. Perry County Return: And Now, July 18, 2008 at 093 5 hours served the within Real eState Writ, Notice of Sale and Description upon the defendant, Trudy L. Maurer, by handing to Vicki Crosson, mother of defendant, at 1034 Dellville Road, Duncannon, PA 17020. So Answers: Carl Nace, Sheriff of Perry County, Pennsylvania. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2008 at 1055 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 Mason S. Maurer, II, Trudy L. Maurer and Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz located at 200 North 32nd Street, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Mason S. Maurer, II by regular mail to his last known address of 200 N. 32nd Street, Camp Hill, PA 17011. This letter was mailed under the date of July 3, 2008 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Trudy L. Maurer by regular mail to her last known address of 1034 Dellville Road, Duncannon, PA 17020. This letter was mailed under the date of July 23, 2008 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz by regular mail to her last known address of 3609 Kohler Place, Apt. 12, Camp Hill, PA 17011. This letter was mailed under the date of July 3, 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 September 3, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Steven A. Stine, on behalf of Susquehanna Bank. It being the highdst bid and best price received for the same, Susquehanna Bank, of P.O. Box 639, Maugansville, MD 21767, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,067.63. Sheriff s Costs: Docketing $30.00 Poundage 20.93 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 45.00 Levy 15.00 Surcharge 40.00 Out of County 9.00 Dauphin County 40.55 Law Journal 355.00 Patriot News 338.51 Share of Bills 17.64 Distribution of Proceeds 25.00 Sheriffs Deed 41.50 $ 1,068.63 ? So;;Agnsw R. Thomas Kline, Sheriff BY ?J 0 (i &?K Real Estate S geant gl)olo 2 ,crv 5V cc 4 0) It lV zPO(-' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to CIVIL DIVISION COMMUNITY BANKS, ; Plaintiff, NO.: 08-1012 vs. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a : MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Susquehanna Bank, successor by merger to Community Banks, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 200 North 32nd Street, Camp Hill, Pennsylvania 17011: 1. Name and Address of Owner(s) or Reputed Owner(s): MASON S. MAURER, II 200 N. 32nd Street Camp Hill, PA 17011 TRUDY L. MAURER 200 N. 32nd Street Camp Hill, PA 17011 MARCIA A. SWARTZ a/k/a MARCIA A. 3609 Kohler Place MAURER aWa MARCIA L. SWARTZ Camp Hill, PA 17011 2. Name and Address of Defendant(s) in the Judgment: MASON S. MAURER, II 200 N. 32nd Street Camp Hill, PA 17011 TRUDY L. MAURER 200 N. 32nd Street Camp Hill, PA 17011 MARCIA A. SWARTZ a/k/a MARCIA A. 3609 Kohler Place MAURER a/k/a MARCIA L. SWARTZ Camp Hill, PA 17011 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: SUSQUEHANNA BANK successor by merger Plaintiff to COMMUNITY BANKS ONYX ACCEPTANCE CORPORATION 27051 Towne Centre Drive Foothill Ranch, CA 92610 4. Name and Address of the last record holder of every mortgage of record: SUSQUEHANNA BANK successor by merger Plaintiff to COMMUNITY BANKS WACHOVIA BANK NA 301 S. College Street Charlotte, NC 28288 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: DEPARTMENT OF REVENUE PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 COMMONWEALTH OF PA PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 UNKNOWN SPOUSE OF MARCIA A. SWARTZ 3609 Kohler Place a/k/a MARCIA A. MAURER a/k/a MARCIA L. Camp Hill, PA 17011 SWARTZ 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse RELATIONS OFFICE One Courthouse Square Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to COMMUNITY BANKS, Plaintiff, vs. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. CIVIL DIVISION NO.: 08-1012 AFFIDAVIT PURSUANT TO RULE 3129.1 . Susquehanna Bank, successor by merger to Community Banks, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 200 North 32nd Street, Camp Hill, Pennsylvania 17011: 1. Name and Address of Owner(s) or Reputed Owner(s): MASON S. MAURER, II 200 N. 32nd Street Camp Hill, PA 17011 TRUDY L. MAURER 200 N. 32nd Street Camp Hill, PA 17011 MARCIA A. SWARTZ a/k/a MARCIA A. 3609 Kohler Place MAURER a/k/a MARCIA L. SWARTZ Camp Hill, PA 17011 2. Name and Address of Defendant(s) in the Judgment: MASON S. MAURER, II 200 N. 32nd Street Camp Hill, PA 17011 TRUDY L. MAURER 200 N. 32nd Street Camp Hill, PA 17011 MARCIA A. SWARTZ a/k/a MARCIA A. 3609 Kohler Place MAURER a/k/a MARCIA L. SWARTZ Camp Hill, PA 17011 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: SUSQUEHANNA BANK successor by merger Plaintiff to COMMUNITY BANKS 4. Name and Address of the last record holder of every mortgage of record: SUSQUEHANNA BANK successor by merger Plaintiff to COMMUNITY BANKS WACHOVIA BANK NA 301 S. College Street Charlotte, NC 28288 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: DEPARTMENT OF REVENUE PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 COMMONWEALTH OF PA PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 UNKNOWN SPOUSE OF MARCIA A. SWARTZ 3609 Kohler Place a/k/a MARCIA A. MAURER a/k/a MARCIA L. Camp Hill, PA 17011 SWARTZ 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse RELATIONS OFFICE One Courthouse Square Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to CIVIL DIVISION COMMUNITY BANKS, Plaintiff, NO.: 08-1012 vs. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz 3609 Kohler Place Camp Hill, PA 17011 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 3, 2008, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 200 N. 32nd Street Camp Hill, Pennsylvania 17011 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 08-1012 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Mason S. Maurer, II, Trudy L. Maurer and Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITIq IAETTV1gK,_& CONNELLY LLP DATED: Apri12, 2008 BY: ' cott ?. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF f LEGAL DESCRIPTION ALL THAT CERTAIN lot or ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the North by Lot No. 21 on the hereinafter mentioned Plan of Lots, now or formerly of John M. Brinton; on the East by Oysters' Point Avenue; on the South by Logan Street; and on the West by a 15 foot alley. Containing 50 feet in front on Oysters' Point Avenue and extending back an even width 160 feet to the aforesaid 15 foot alley. BEING Lot No. 20 on a Plan of Lots of Belvoir, which plan is recorded in Plan Book No. 1, Page 16, Cumberland County records. HAVING thereon erected alwo and one-half story frame dwelling house and necessary outbuildings known as 200 North 32nd Street, Camp Hill, Pennsylvania. BEING the same premises which Marcia A. Maurer n/k/a Marcia A. Swartz, widow, by Deed dated November 21, 2005 and recorded on November 30, 2005 in and for Cumberland County, in Deed Book Volume 272, Page 658, granted and conveyed unto Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, widowed and Mason S. Maurer, II and Trudy L. Maurer, husband and wife with rights of survivorship. Tax Map No.: 01-21-0273 Parcel No.: 022 Exhibit "A" r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to CIVIL DIVISION COMMUNITY BANKS, Plaintiff, VS. NO.: 08-1012 MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, : Defendants. NO'T'ICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Trudy L. Maurer 200 N. 32nd Street Camp Hill, PA 17011 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 3, 2008, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 200 N. 32nd Street Camp Hill, Pennsylvania 17011 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 08-1012 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Mason S. Maurer, II, Trudy L. Maurer and Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: I . You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff s Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMIT,i,.PIE7VkIgK & CONNELLY LLP DATED: ALL 2, 2008 BY: ScottA.'Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN lot or ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the North by Lot No. 21 on the hereinafter mentioned Plan of Lots, now or formerly of John M. Brinton; on the East by Oysters' Point Avenue; on the South by Logan Street; and on the West by a 15 foot alley. Containing 50 feet in front on Oysters' Point Avenue and extending back an even width 160 feet to the aforesaid 15 foot alley. BEING Lot No. 20 on a Plan of Lots of Belvoir, which plan is recorded in Plan Book No. 1, Page 16, Cumberland County records. HAVING thereon erected a1wo and one-half story frame dwelling house and necessary outbuildings known as 200 North 32nd Street, Camp Hill, Pennsylvania. BEING the same premises which Marcia A. Maurer n/k/a Marcia A. Swartz, widow, by Deed dated November 21, 2005 and recorded on November 30, 2005 in and for Cumberland County, in Deed Book Volume 272, Page 658, granted and conveyed unto Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, widowed and Mason S. Maurer, II and Trudy L. Maurer, husband and wife with rights of survivorship. Tax Map No.: 01-21-0273 Parcel No.: 022 Exhibit "A" f r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to CIVIL DIVISION COMMUNITY BANKS, Plaintiff, VS. MASON S. MAURER, II, TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ, Defendants. NO.: 08-1012 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Mason S. Maurer, II 200 N. 32nd Street Camp Hill, PA 17011 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 3, 2008, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 200 N. 32°d Street Camp Hill, Pennsylvania 17011 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 08-1012 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Mason S. Maurer, II, Trudy L. Maurer and Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 v THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, Ste, DIRITEItICK & CONNELLY LLP DATED: Apri12, 2008 BY: Stott A. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF f LEGAL DESCRIPTION ALL THAT CERTAIN lot or ground situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the North by Lot No. 21 on the hereinafter mentioned Plan of Lots, now or formerly of John M. Brinton; on the East by Oysters' Point Avenue; on the South by Logan Street; and on the West by a 15 foot alley. Containing 50 feet in front on Oysters' Point Avenue and extending back an even width 160 feet to the aforesaid 15 foot alley. BEING Lot No. 20 on a Plan of Lots of Belvoir, which plan is recorded in Plan Book No. 1, Page 16, Cumberland County records. HAVING thereon erected a.two and one-half story frame dwelling house and necessary outbuildings known as 200 North 32"d Street, Camp Hill, Pennsylvania. BEING the same premises which Marcia A. Maurer n/k/a Marcia A. Swartz, widow, by Deed dated November 21, 2005 and recorded on November 30, 2005 in and for Cumberland County, in Deed Book Volume 272, Page 658, granted and conveyed unto Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a°Marcia L. Swartz, widowed and Mason S. Maurer, II and Trudy L. Maurer, husband and wife with rights of survivorship. Tax Map No.: 01-21-0273 Parcel No.: 022 Exhibit "A" WRIT OF EXECUTION and/or ATTACHMENT ' CQMMONWEALTH OF PENNSYLVANIA) NO 08-1012 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUSQUEHANNA BANK, successor by merger to COMMUNITY BANKS, Plaintiff (s) From MASON S. MAURER, H; TRUDY L. MAURER and MARCIA A. SWARTZ a/k/a MARCIA A. MAURER a/k/a MARCIA L. SWARTZ (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 $135,545.98 L.L.$ 0.50 Interest from 4/02/08 to Date of Sale - $10,122.94 Atty's Comm % Due Prothy $2.00 Atty Paid $205.88 Other Costs Plaintiff Paid Date: 4/14/08 99? Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: SCOTT A. DIETTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY, LLP PO BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 Real Estate Sale #09 On May 1, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA Known and numbered as 200 North 32nd St., Camp Hill more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 1, 2008 By: Real Estate Sergeant L ti :Z d S 18dV BOOT Vd `AikC1 ?w-..»!;1 AMPS 3H! AIJ jJIJA0' e Patriot-News Co. 812 Market St. rrisburg, PA 17101 liries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the 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: 07/23/08 07/30/08 08/06/08 2008 A. D. Notary Public C °? ?YLV?ANIA Mycly coatxrwNa,y [ __ ftg:O*V. 26.2M Msmbw ? ? .16 A. of *Wft Notre,. Nast ENIOM Sob No. 9 Wffk Na. 28W1912 CWN TWM !ry ?r?eg??''to-Cansrnwft Bwks VS . MWwass & M , N,Tnidy L meww and *we% A..SwwU at kfa`NkMhll"A. M We Nk rcib L Sta WU A&cr;oy Stitt Dhowick LEGAL DESCRNYMN ALL THAT CEtCPAIN lot or ground situate in the Borough of Camp, H X Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the Noah by Lot No. 21 on the hereinafter atilt .. fe 'by 360 Li" ay. t?awYhi? 6ewa 15 bo ham on O,ystds' Pant Avenueand extending back an even widlh 160 feel to the aforesaid 15 foot alley. BEING Lot No. 20 on a No of Lots of Belvoir, which plan is recorded in Plan Book No. 1, Page 16, Cumbe?idndCormtyruards. HAVING them aecaed a two and one-half story frame dwelling boom and necessary Outbu7d6ogs known as 200 North 32nd Street, Camp Hill, Peamylrania. BEING the same premises which Marcia A. Maurer nWa Marcia A. Swartz, widow, by Deed dated November 212005 and recorded on November 30,2005 in and for Cumberland County, in Deed Book %hime 272, Page 658, granted and conveyed unto Marcia A. Swartz at k/a Marcia A. Maurer awa Marcia L. Swartz, widowed and Mason S. Maurer 11 and Tnrdy L. Maurer, husband and wife with' rights of survivorship. Tax Map No.: 01-2140273 Parcel No.: 022 z 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: July 18, July 25, and August 1, 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. Marie Covni( Editor SWWN TO AND SUBSCRIBED before me this day of August, 2008 C, z'?' &?Z? Notary r?OTARLAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RMAL EW NO. g Writ No. 2008-1012 Civil Susquehanna Bank, successor by merger to Community Banks vs. Mason S. Maurer, II, Trudy L. Maurer and Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz Atty.: Scott Dietterick Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN lot or ground situate in the Borough of Camp Mill, Cumberiand County, Pennsylvania., and described as follows, to Uft: ON the North by Lot No. 21 on the hereinafter mentioned Plan of Lots, now or formerly of John M. Brinton; on the East by Oysters' Point Avenue; on the South by Logan Street; and on the West by a 15 foot alley. Contain- ing 50 feet in front on Oysters' Point Avenue and extending back an even width 160 feet to the aforesaid 15 foot alley. BEING Lot No. 20 on a Plan of Lots of Belvoir, which plan is recorded in Plan Book No. 1, Page 16, Cumber- land County records. HAVING thereon erected a two and one-half story frame dwelling house and necessary outbuildings known as 200 North 32nd Street, Camp Hill, Pennsylvania. BEING the same premises which Marcia A. Maurer n/k/a Marcia A. Swartz, widow, by Deed dated No- vember 21, 2005 and recorded on No- vember 30, 2005 in and for Cumber- land County, in Deed Book Volume 272, Page 658, granted and conveyed unto Marcia A. Swartz a/k/a Marcia A. Maurer a/k/a Marcia L. Swartz, widowed and Mason S. Maurer, II and Trudy L. Maurer, husband and wife with rights of survivorship. Tax Map No.: 01-21-0273. Parcel No.: 022.