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08-1135
INTEGRITY BANK, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NATALIE A. STOUP, and GREGORY T. CLOUSER, Defendants CASE NO. ?- I l35 l?ivi l ?P CIVIL ACTION -LAW MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 INTEGRITY BANK, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NATALIE A. STOUP, and GREGORY T. CLOUSER, Defendants : CASE NO. : CIVIL ACTION -LAW MORTGAGE FORECLOSURE AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n Como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 NOTICE The amount of your debt is as stated in the attached document. The name and address of the creditor to whom the debt is owed is as named in the attached document. This is an attempt by a debt collector to collect a debt. Any information obtained will be used for that purpose. Unless you notify this office within thirty (30) days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume that this debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice that the debt, or any portion thereof, is disputed, this office will obtain verification of the debt and mail you a copy of such verification. Collection agencies are regulated by a federal law which grants you certain rights. One of these is the right to have us cease communication with you about this debt. If you ask us in writing to cease, we will. This law is administered by the Federal Trade Commission, Division of Credit Practices, Washington, D.C. 20580. If you request this office in writing within thirty (30) days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor. McNEES WALLACE & NURICK LLC Date: February 20, 2008 By. Clayt W. Dav' son, Esquire PA Attorney 1.D. No. 79139 100 Pine Street - P. 0. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717)-260-1678 Phone: (717)-232-8000 cdavidson@mwn.com Attorneys for Integrity Bank INTEGRITY BANK, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 01- // 3 5 clay _Fewl NATALIE A. STOUP, and GREGORY T. CLOUSER, Defendants CIVIL ACTION -LAW MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Integrity Bank, by and through its undersigned counsel, hereby files this Complaint in Mortgage Foreclosure to Pa.R.C.P. No. 1141, et seq., and in support thereof avers the following: The Parties 1. Plaintiff, Integrity Bank, is a Pennsylvania banking institution with its principal place of business located at 3345 Market Street, Camp Hill, Pennsylvania, 17011. 2. Defendants, Natalie A. Stoup ("Stoup") and Gregory T. Clouser ("Clouser"), are adult individuals residing at 349 Stonehedge Lane, Mechanicsburg, Pennsylvania, 17055. Jurisdiction and Venue 3. This Court has jurisdiction over this matter this matter pursuant to 42 Pa.C.S.A. § 931(a). 4. This Court is the proper venue for this matter pursuant to 42 Pa.C.S.A. § 931(c) and Pa.R.C.P. No. 11142 because the real property in question is located in Cumberland County, Pennsylvania. Factual Background 5. On September 8, 2006, Stoup and Clouser (the "Obligors") executed and delivered to Integrity a certain promissory note (the "Note") in the principal amount of $39,500.00. Attached hereto as Exhibit A and incorporated herein by reference is a true and correct copy of the Note. 6. On September 8, 2006, the Obligors delivered to Integrity a open-end mortgage (the "Mortgage") to secure the payments due under the Note as owners of the real property known and numbered as 349 Stonehedge Lane, Upper Allen Township, Cumberland County, Pennsylvania and more particularly described in Deed Book 259, Page 1543 in the Office of the Recorder of Deeds of Cumberland County (the "Real Property"). Attached hereto as Exhibit B and incorporated herein by reference is a true and correct copy of the Mortgage. 7. The Mortgage encumbers the Real Property and was duly filed in the Office of the Recorder of Deeds of Cumberland County on September 28, 2006 at Mortgage Book 1967, Page 2065. 8. The Obligors have defaulted under the Mortgage by failing to pay the sums due and owing under the Note since August 7, 2007 and as a result thereof, have caused the indebtedness due and owing thereunder to be accelerated. 9. The Obligors are the current owners of the Real Property. 10. On December 18, 2007, Integrity sent the Obligors the notice required by the Homeowners' Emergency Mortgage Assistance Act of 1983 ("Act 91 Notice") and Act No. 6 of 1974 of their defaults under the Mortgage. Attached hereto as Exhibit C and incorporated herein by reference are true and correct copies of the Act 91 Notice and Act 6 Notice mailed to the Obligors. 11. The amount due under the Note, and therefore the Mortgage, has been accelerated as a result of the payment defaults by the Obligors and as of January 21, 2008, the amount due and owing thereunder is itemized as follows: Principal: $37,444.30 Late Fees: $ 179.64 Interest: 2,366.00 TOTAL: $39,989.94* *ALONG WITH INTEREST ACCURING AT THE PER DIEM RATE OF $7.91, COSTS AND REASONABLE ATTORNEY'S FEES AS ALLOWED BY LAW FOR COSTS OF COLLECTION UNTIL PAID IN FULL. (the "Indebtedness") If the Obligors or their agent desire to reinstate or pay the Note in full at any time up to one hour prior to the sale of the Real Property, the actual amount of the collection costs, expenses, and attorneys' fees as allowed by law that must be paid at the time may be mitigated, and the Obligors or their agents may obtain the actual amount by contacting Integrity's attorney at the address or phone number at the end of this Complaint. 12. Judgment has not been entered on the Mortgage in any jurisdiction. 13. The Note and Mortgage have not been assigned and are still held by Integrity Bank. Count I - Mortgage Foreclosure 14. Integrity Bank incorporates herein by reference the allegations contained in paragraphs 1 through 13 above. 15. Pursuant to Pa.R.C.P. No. 1019(h), this count is based upon a breach of the written Mortgage. 16. Integrity Bank demands judgment for the Indebtedness in mortgage foreclosure be entered against the Obligors so that Integrity Bank may sell the Real Property in an attempt to satisfy the Indebtedness. WHEREFORE, Integrity Bank demands judgment in mortgage foreclosure against Natalie A. Stoup and Gregory T. Clouser as owners of the Real Property in the sum of $39,989.94 as of January 21, 2008, along with interest accruing at the per diem rate of $7.91 costs and reasonable attorneys' fees as allowed by law for costs of collection until paid in full. McNEES WALLACE & NURICK LLC Date: February 20, 2008 By' Cla W. D vidson, Esquire PA Attorney .D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717)-260-1678 Phone: (717)-232-8000 cdavidson@mwn.com Attorneys for Integrity Bank VERIFICATION Gary G. Klick, Vice President of Integrity Bank, verify that I am authorized to make I, ary this verification on behalf of Integrity Bank, and that the facts contained in the foregoing Com laint in Mortgage Foreclosure are true and correct to the best of my knowledge, p tion and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. § informa 4904 relating to unworn falsification to authorities. ,V.! Gary G. Klick a ice President of Integrity Bank TRUTH-IN-LENDING DISCLOSURES DATE September 8, 2006 BORROWER(S) NATALIE A STOUP 349 Stonehedge Lane Mechanicsburg, PA 17055 ANNUAL PERCENTAGE The cost of my credit as a yearly rate. 7.74% an Item Is designated as LOAN NUMBER 0000001130011633 GREGORY T CLOUSER 117 Runson Rd Camp Hill, PA 17011 FINANCE CHARGE AMOUNT FINANCED The dollar amount the The amount of credit provided to credit will cost me. me or on my behalf. $17,283.97 I $39,500.00 means that the disclosed amount Is an estimate. TOTAL OF PAYMENTS The amount I will have paid when I have made all scheduled payments. $56,783.97 My payment schedule will be: 119 monthly payments beginning October 7, 2006 of $473.20 followed by: 1 payment on September 7, 2016 of $473.17. PREPAYMENT. If I pay off this loan early, I will not have to pay a penalty. If I pay off this loan early, I will not be entitled to a refund of part of the finance charge. LATE CHARGE. If INTEGRITY BANK ("Bank") has not received the full amount of any payment by the end of 15 calendar days after the date it is due, I will pay a late charge to Bank. The amount of the charge will be 5.000% of the scheduled payment amount. FILING / RECORDING FEES: Recording Fees. $50.00 SECURITY. I am giving a security interest in the following collateral: 349 STONEHEDGE LANE MECHANICSBURG PA Collateral securing other loans with Bank may also secure this loan. For additional details on nonpayment, default, the right to accelerate the maturity of the obligation, and prepayment rebates and penalties, please see below. Property insurance may be required on the collateral for this loan. If property insurance is required, I may obtain it from anyone I choose who is PROMISSORY NOTE AND AGREEMENT BORROWER'S PROMISE TO PAY. In this Note, "l," "me," and "my" refer to all borrowers, coborrowers, cosigners, and guarantors, both together and individually. I promise to pay to the order of Bank Thirty-nine Thousand Five Hundred and 00/100 Dollars (U.S. $39,500.00) ("Principal Sum"), together with interest at a rate of seven and 740/1000 percent (7.740%) per year ("Note Rate") on the balance outstanding from time to time, and all other charges provided within this Note. I will make payments at the address above, or at another address If Bank notifies me in writing. If any balance remains outstanding on September 7, 2016 ("Maturity Date"), that amount will be due and payable at that time. PAYMENTS. I agree to make payments on this loan according to the payment schedule contained in the Truth-In-Lending Disclosures. Payments will be applied to interest, then to principal, then to late fees and other charges, then to escrow, and then to insurance charges. If Bank receives a payment from me for a delinquent periodic payment, the payment will be applied to the delinquent payment(s) and any applicable late fee(s) in the same order that regular payments are applied, with the most delinquent payment being paid first. To the extent that any excess exists after the payment is applied to the full payment of one or more delinquent periodic payments, the excess may be applied as a partial payment to the next unpaid periodic payment. A prepayment of principal will not extend or postpone the due date, or change the amount of the periodic payments. INITIALS PENNSYLVANIA - PROMISSORY NOTE AND DISCLOSURES L00079ST / 20060440 Printed 9/8/2006 2:01:00 PM NATALIE A STOUP / 0000001130011633 Page 1 of 2 © 2006 Kirchman Corporation INTEREST. Interest will be calculated daily 'y outstanding principal at the Note Rate. I must fc' `he payment schedule until I have fully paid the principal and all other fees and interest char My last payment may be increased or decreased f ,cessary if I make early or late payments which affect the Interest calculation. Bank and I agree that time Is of the essence. DEFAULT: EVENTS OF DEFAULT. I will be in default under the terms of this document if any of the following occur. • I fail to make payments when due and on time. • I fail to perform any condition or promise referred to in this Note or fail to perform any condition or promise referred to in this Note on time. • 1 am in default under any other obligation that I have to Bank. • 1 make, or someone on my behalf makes or furnishes, a materially false statement or representation with respect to this document or related documents. • 1 die or am declared legally incompetent. Collateral is lost, stolen, substantially damaged, destroyed, or sold. _ • Any levy, seizure, forfeiture, or attachment of Collateral occurs. • All or any part of Collateral is lost. ; • A receiver is appointed for all or any part of Collateral. • Any assignment for the benefit of creditors Is filed against me. • Any proceeding under bankruptcy or insolvency laws is filed by or against me. • Any business (where the assets of said business compose all or part of Collateral) is subject to dissolution, termination of existence, insolvency, or failure. DEFAULT AND DEMAND OF PAYMENT IN FULL. In the event of default, Bank may choose to declare the entire remaining unpaid principal and interest payable and due immediately. Interest will continue to accrue on the outstanding principal until Bank receives payment in full. Bank has the right to collect costs incurred by default, Including but not limited to, attorneys' fees, court costs, or other collection costs. The remedies of Bank under this Note are cumulative, and the exercise of any one or more of ft remedies provided for here will not qualify as a waiver of the other remedies of Bank so long as any part of my obligation remains unsatisfied. LAW. The prevailing party in any lawsuit concerning this document or Collateral will be able to recover attorneys' fees and all costs, including, but not limited to, attomeys' fees, all costs of any bankruptcy proceedings, and all costs of any appeals. All parties to this document agree that this document will be governed by the laws of the Commonwealth of Pennsylvania. Any lawsuit relating to this document will take place in the county in which Bank address above Is located. If Collateral is real estate, any lawsuit will take place in the county in which the real estate Is located. If the terns of this document conflict with any state or federal law, this document will be modified to resolve the conflict, provided that any term or condition of this document that is not in conflict will be enforceable in accordance with Its terms. If any term is determined to be invalid or unenforceable, the determination will not affect any other term and all other terms will remain enforceable. This document may not be modified orally and any modification must be in writing. RIGHT TO TRANSFER SERVICING. I understand that Bank may transfer this Note. Bank or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called "Bank." SET-OFF. Bank has the right to "set-off" or remove any money in any account I have with Bank and apply that money to the unpaid balance of this Note. Bank may exercise its right of set-off against money deposited in checking, savings, time, or other accounts (except IRA accounts, Keogh accounts, or accounts from which I have the right to withdraw money in a representative capacity). If I am In default, Bank may take money without notice and apply it to the balance due on this Note. Bank may do so even if it results in early withdrawal penalties, dishonored items, or fees. THIRD PARTY ADDENDUM. I understand that some payments to third parties as part of this transaction may be paid back to Bank as commission or Bank may receive other compensation. CREDIT REPORTS. During the term of this Note, Bank may request, and I agree to provide, updated information, and Bank may request a new credit report. NO WAIVER. If, at a time when I am in default, Bank does not exercise Its rights in full as described in this document, Bank will still have the right to do so if I remain In default or if I am in default at a later time. NO LOSS OF RIGHTS. Bank may accept any check marked as "paid in full" or with other similar words as a partial payment without losing Its rights against me and/or Collateral. CORRECT CLERICAL ERRORS. By signing this Note, I agree to fully cooperate and adjust for clerical errors if requested by Bank. SIGNATURES. There are additional terms and Security Agreement conditions contained in this Note that are part of the contract of this Note. By signing'below, I acknowledge that I have read, understand, and agree to the terms of this document and have received an exact copy of it. (Seal) OG Date (Seal) / Date I- i INITIALS PENNSYLVANIA - PROMISSORY NOTE AND DISCLOSURES L00079ST 120060440 Printed 9/6!2006 2:01:00 PM NATALIE A STOUP 1 00000011 3001 1 633 Page 2 of 2 - 0 2006 Kirchman Corporation ? ?? ?,? a ?x L( (ad This Instrument Prepared By: INTEGRITY BANK 3345 Market Street Camp Hill, PA 17011-2269 (717) 9204900 After Recording Return To: INTEGRITY BANK 3345 Market Street Camp Hill, PA 17011-2269 (717) 920-4900 4 PDIERI P. ZIE(SLED tEiORDER OF DEEDS I,,,,nF.PL RID IrO!!NTy - 006 8EP 28 flM 10-22 [Space Above This Line For Recording Detal Parcel Identification Number: MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated September 8, 2006, together with all Riders to this document. (B) "Borrower" is NATALIE A STOUP; GREGORY T CLOUSER. Borrower is the mortgagor under this Security Instrument. (C) "Lender" is INTEGRITY BANK. Lender is a/an organized and existing under the laws of Pennsylvania. Lender's address is 3345 Market Street, Camp Hill, PA 17011-2269. Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated September 8, 2006. The Note states that Borrower owes Lender Thirty-nine Thousand Five Hundred and 00/100 Dollars (U.S. $39,500.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 7, 2016. (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ? Adjustable Rate Rider ? Condominium Rider ? Second Home Rider ? Balloon Rider ? Planned Unit Development Rider ? Other(s) [specify] ? 1-4 Family Rider ? Biweekly Payment Rider (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. INITIALS PENNSYLVANIA - MORTGAGE (JUNIOR LIEN) R00080PA / 20050670 Printed 9/8/20061:58:00 PM NATALIE A STOUP Page 1 of 12 © 2005 Kirchman Corporation BKI967PG2065 N "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (1) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. , =- - (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 at seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (1) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County of Cumberland: REAL PROPERTY LOCATED AT 349 STONEHEDGE LANE, MECHANICSBURG, UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AS RECORDED IN DEED BOOK 259, PAGE 1543, IN THE OFFICE OF THE RECORDER OF DEEDS, which currently has the address of 349 Stonehedge Lane, Mechanicsburg, Pennsylvania 17055 ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of INITIALS PENNSYLVANIA - MORTGAGE (JUNIOR LIEN) R00080PA / 20050670 Printed 9/8/2006 1:58:00 PM NATALIE A STOUP Page 2 of 12 © 2005 Kirchman Corporation BK 19 67PG'=)066 its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Unless Applicable Law requires otherwise, Lender will apply each of Borrower's payments that Lender accepts in accordanee with thili provisions of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the lite charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specked under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower INITIALS PENNSYLVANIA - MORTGAGE (JUNIOR LIEN) R00080PA / 20050670 Printed 9/8/2006 1:58:00 PM NATALIE A STOUP Page 3 of 12 © 2005 Kirchman Corporation sK i 967PG2067 shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust, or other security instrument with a lien which has priority over this Security Instrument. Borrower shall pay, when due, all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the 'property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien other than a lien disclosed to Lender in Borrower's application or in any title report Lender obtained which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with the Note and this Security Instrument if allowed under Applicable Law. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If INITIALS PENNSYLVANIA - MORTGAGE (JUNIOR LIEN) R00080PA / 20050670 Printed 9/8/2006 1:58:00 PM NATALIE A STOUP Page 4 of 12 © 2005 Kirchman Corporation Bun 1967PG 068 the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Propeq under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as s6ch rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest In the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. INITIALS PENNSYLVANIA - MORTGAGE (JUNIOR LIEN) R00080PA / 20050670 Printed 9/8/2006 1:58:00 PM NATALIE A STOUP Page 5 of 12 © 2005 Kirchman Corporation ON 1967PG2 6 9 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an altemate mortgage instyrer selected by Lender. If substantially equivalent 4 Mortgage Insurance coverage is not available, Borrower shall coritinVe to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. INITIALS PENNSYLVANIA - MORTGAGE (JUNIOR LIEN) R00080PA / 20050670 Printed 9/8/2006 1:58:00 PM NATALIE A STOUP Page 6 of 12 © 2005 Kirchman Corporation BKI967PG2070 In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction,., or loss in value. Any balance shall be paid to Borrower. -..._ In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount' of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, INITIALS PENNSYLVANIA - MORTGAGE (JUNIOR LIEN) R00080PA / 20050670 Printed 9/8/2006 1:58:00 PM NATALIE A STOUP Page 7 of 12 © 2005 Kirchman Corporation BK1967PG2' 71 then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have Oeen given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be govemed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attomeys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, INITIALS PENNSYLVANIA - MORTGAGE (JUNIOR LIEN) R00080PA / 20050670 Printed 9/8/2006 1:58:00 PM NATALIE A STOUP Page 8 of 12 © 2005 Kirchman Corporation BKf967FG 072 instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security ?- Instrument, and Applicable Law. There also might-be one or more`$hanges of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower leams, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non- INITIALS PENNSYLVANIA - MORTGAGE (JUNIOR LIEN) R00080PA / 20050670 Printed 9/8/2006 1:58:00 PM NATALIE A STOUP Page 9 of 12 © 2005 Kirchman Corporation BUK I 967PG2073 existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at Its option may require Immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void: After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 28. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust, or other security instrument with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments, and other charges, fines, and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. Any default under any mortgage or any obligation secured by a mortgage which has priority over this Mortgage shall constitute a breach of this covenant. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust, or other encumbrance with a lien which has priority over this Mortgage to give notice to Lender, at Lender's address set forth on Page 1 of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. INITIALS PENNSYLVANIA - MORTGAGE (JUNIOR LIEN) R00080PA / 20050670 Printed 9/8/2006 1:58:00 PM NATALIE A STOUP Page 10 of 12 © 2005 Kirchman Corporation OR'1967FIG 2074 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security strt!+ent and in any Rider executed by Bo ower and recorded with it. 7 6 _ -') 06 X (Seal) N Date X - - - (Seal) ` U d LP G T CLOU Date Witness Date Printed Name: Address: Witness Date Printed Name: Address: Certificate of Residence: I hereby certify that the precise address of the within named mortgagee is 3345 Market Street, Camp Hill, PA 17011- 2269. Agent Commonwealth of Pennsylvania County of CL M SJXLAND On this, the ?Ikday of StiMM 61,9 20(p, before me I 0 6 , the undersigned Notary Public, personally appeared " S known to me (or satisfactorily proven) to be the persons whose name he/she/they, subscribed to within instrument, and acknowledged that he/she/they executed the same for the purposes therein contained. In witnes he of, I hereunto set my hand and official seal. a, ??' - - No ry Public My Commission expires V 201. COMMONWEALTH OF PENNSYLVANIA (SEAL) Notarial Seel Cheryl A. Flff ft Notary Pudic Camp Hill Son), Cumberland County My Corrrr*Won Exphee July 29, 2010 Member, Pennsylvania Association of Notaries INITIALS PENNSYLVANIA - MORTGAGE (JUNIOR LIEN) R00080PA / 20050670 Printed 9/8/2006 1:58:00 PM NATALIE A STOUP Page 11 of 12 © 2005 Kirchman corporation 1967{ G21075 Commonwealth of Pennsylvania County of M 91- if j,,AAjP On this, the 'day of 9?,ft n 16V, 20A?_, before m? 1Qc,rL. /4 , Ff rG/'V1.1 n} , the undersigned Notary Public, personally appeared je • U T. C-LO 6kS known to me (or satisfactorily proven) to be the persons whose name he/she/they, subscribed to within instrument, and acknowledged that he/she/they executed the same for the purposes therein contained. In witn s ereof, I h . unto set my hand and official seal. - Notary Public My Commission expires COMMONWEALTH OF PENNSYLVANIA ZCwVHM otl n ;!; " Cw* (SEA Ba% , 2010 July 29 Member, P annaylvania Association of Notaries 9 y ry as INITIALS PENNSYLVANIA - MORTGAGE (JUNIOR LIEN) R00080PA / 20050670 Printed 9/8/2006 1:58:00 PM NATALIE A STOUP Page 12 of 12 © 2005 Kirchman Corporation 8 I967PG2076 6 ?4k) f o j 3 ?. r 2 ?Q K O C3 G' O 03 3 L-i z G • o rt 0 0 G" L-i 0 Ln ru ru ru I? I r1o .1 !R O 1.m 3 m J m ,83a3 5?0 Z 9 9 - 3 m y c mw ??+ _? wp',vfD,m w ?3 clON o ?OEr 5 F-a g- ro ? wmaa Av n O DO s 3o? g S v'c?a m ID m CD m 3 Ir A " o K G ?? ?y u, 'a CL C3 m ??? a L-j z °1" C3 ° N Hq W C3 - p. ?? ` ? 0810 0006 1 052 9122 d g ff? d' N j m n 06 Q V Integrity B A N K NOTICE OF INTENT TO FORECLOSE MORTGAGE - ACT 6 NOTICE December 18, 2007 To: Natalie A Stoup & Gregory T Clouser On September 8, 2006 you executed a note in favor of Integrity Bank (the "Bank") evidencing a loan in the amount of $39,500 (the "Loan"). The Note is secured by a mortgage (the "Mortgage") against your real property known and numbered as 349 Stonehedge Lane, Mechanicsburg, Pa 17055 (the "Mortgaged Property). The Mortgage IS IN SERIOUS DEFAULT because monthly payments of $473.20 were not received for the months of September, October, November, and December of 2007. The total amount now required to cure this default, or in other words, get caught up on your payments, as of the date of this letter, is $2,048.78. You may cure this default within THIRTY (30) DAYS of the date of this letter by paying to the Bank the above-mentioned amount of $2,048.78, plus any additional monthly payments and late charges which may become due during this period. Such payment must be either by cash, cashier's check, certified check or money order, and made at 3345 Market Street, Camp Hill, Pa 17011 You may cure this default within THIRTY (30) DAYS, the Bank intends to exercise its right to accelerate the NOTE and the Mortgage. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may loose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, the bank intends to commence a lawsuit to foreclose upon your Mortgage Property. If the Mortgage is foreclosed, your Mortgaged Property will be sold by the Sheriff to pay off the Loan. If the Bank refers your case to our office, but you cure the default before we begin formal legal proceedings against you, you will still have to pay the reasonable attorneys' fees actually incurred. Any Attorneys' fees will be added to whatever you owe the Bank, which may also include reasonable costs. 3345 Market Street, Camp Hill, PA 17011 • Phone: 717-920-4900.877-1-HAVEIT • Fax: 717-920-4904 • www. integritybankonline.com If you have not cured the default within the thirty (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one (1) hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments, plus any late or other charges then due, as well as the reasonable attorneys' fees and costs connected with the foreclosure sale, and you musi-perform. any other ceguirements under the Mortgage. It is estimated that the earliest date the Sheriffs Sale could be held would be approximately March 18, 2008. A notice of the date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling the undersigned at the following number: 717-920-3681. This payment must be in cash, cashier's check, certified check or money order and made payable to the Bank at the address stated above. You should realize that a Sheriff s Sale will terminate your ownership of the Mortgaged Property and your right to remain in it. If you continue to live in the property after the Sheriffs Sale, a lawsuit could be started to evict you. You have additional right to help you protect your interest in the Mortgage Property. YOU HAVE THE RIGHT TO SELL THE MORTGAGED PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUITION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE MORTGAGE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES, AND THE ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. YOU MAY CONTACT THE UNDERSIGNED TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY A THIRD PARTY ACTING ON YOUR BEHALF. If you cured the default in full, the Mortgage will be restored to the same position as if no default had occurred. Sincerely, Holly A Davis ., Consumer Loan Manger w ACT 91 NOTICE TAJM ACTION TO SAVE 'i'6,: ] . . FORECLOSURE* aG[MA.RLC ARVDERIIGHO,4tON1YI UARV1VMM0 * (Must bc. at W# $0 P.0iot type) ROMO t NW&NAWWO): Natalie A. Stoup Gregory T. Clouser rttoriMTVADM) Mi ; 349 Stonehedge Lane _Mechanicsbur PA 17055 t?xi+t ?.?crw, Nps 1130011633 -' l vA1G i tc Integrity Bank c netiaivTL tui xt tcER T.n.taari -Yfiank - HONM WNEWS EMIERIGENCY MORTGAGE ASSIS'TANCF, PROGRAM MCD. N6AVGYOiiR'IIO+1gM'MUCL4BL+++P AND IF YOU 100K &Y WI'M TIDE Pt4DVISY0X$ OF THE Ht311mowNW?S RGENCCY MOttT A09 AI I)ITA1?T alI`<T :t F I ('I'mo MAC' RE ELIt IBLI?, FOR I•a1VIERC;RN+L1' 14ORTG?AGE A S'I 7IN 'E: W YOUR DEFAULT HAS BEEN CAUSED BY CTS CUMSTANCES BEYON-) YOUR CONTROL, Thft Notieo c"tw* tmpclrt4nt legal alaripatioll TSY00 Dave any gae%tions, pVr*xeafttly" at axe Po$e»er dkatt cb ft icy .may be aft td bop oplalu. E YaoWay also *Otto colktaet ito aamoy to yohr area. tiitt;4 aar aseaefatfill stay be able to >?elp ynu ft d a !$5wyer. 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. RMEUKA" STAY OF FORSO&SUIIIE -- Under the Act; you are entitled to a temporary stay QT foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "thco-tofaee" meeting with Ono of the consumer credit counseling agencies listed at the end of this Notice. TMS NMETING MUSS' nMrno VnTn1w +r" ,T.?m !'tfh 1%. L[1 rT% -'- CO, N- SUMA CREDIT' C0IJNSELIN9 AG,ENCI)y'c - If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may WoT take action against you for thirty (30) days after the date of this meeting. The names, adds-- and tell one numbers ofa. la w s2a met cmedit counseling agencies for the == In which thapmParty is located att settb hat the Pnd ice. It is only necessary to schedule one face-to-face meeting. Advise your lender imm? _ stew of of this your intentions. APPLICATION FOR MORTGAGE ASASUAME , 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 problstn with the lender,.. you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency.. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTS 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.) HOW TO CURE YOUR MORTGAGE DEE TT TT (pdUg„ it rn to date) NAnjU OF THE DEFAULT The MORTGAGE debt held by the above lender on your property located at 349 Stonehedge Lane mechanicsburg PA 17055 ISSERIOUSLY IN DEFAULT because: you have failed to make scheduled monthly payments.- YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due. Semh P r 7, 2007 $473.20 October.7,2007 $473.2 0, November 7 ?nn7 $473.20 Other charges (explainrritemizt) T,a t P rh a rga a 1 3 2 39 TOTAL AMOUNT PAST DUE: $1 , 5 51 . 9 2 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not aoalica le): an TO THE R AULT You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO TiE [? LENDER, WHICH IS $1 , 591 _ Q9 , PLIES ANY MORTGAGE PAYMENTS AND LATE- CHARGES WHICH BECOME DUE DURING' THE THIRTY (30) DAY PERIOD. Payments murA be made either by rte, cas Attn: hier's check certified check or money orckr made glly a and scat to; I n t e g r i t y Bank, oucan.cureanvolther efulthutAtr33+ho-fnMarket ^Street Catn?,?Hi11 .PA, .17011 IF YOU NOT CURE T RE ns?wern T YOU DO If you do not pure the default within THIRTY (30) DAYS of the date of this Notice, the tender 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 hill payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. B -T-99 MORTGAGE IS FORECL M UPON-7 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 requited 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 (30) DAY period, you will not he required to pay attorney's fees. OTA. l_ R LZMER RRhMD ES ,- The lender may also sue you personally for the unpaid principal balance and all otber sums due under the mortgage. RIGHT TO GIB E D EAULT PRIOR TO SAERWX S -SALE -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have, begun, you still have the right to cure the default and prevent the sale at any time up to one how before the Sheriffs 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 V your default is the manner set forth in this notice will restore your mortgage to the ware 9 on es if you bad never defaulted. Po F IS T PnSS> L ttTF'F? Sheriffs sale of Q IAU n. U - It is estimated that the earliest date that such a _ the mortgaged property could be held would __j__ mouths from the date of this Notice. A notice of the actual date of the Sheriffs Sale ?ll 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 but at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THR i ir'11i &I-L. eofLender* Integrity Bank ""-=E W 3314 Market Street, Camp Hill Pa 17011 9ba2nmber•717-920-3681 FaxN m?A... 717-920-3611 ContactPeirson.Holly Davis >?FFECT OF ^>trtrF'S S r -- You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the Property alter the Sheriffs sale-2 a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. A a bu buyer OF MORTGAGE You home me to to a bu May or ,- may not (CHECK ONE) sell or transfer your yer or transfe ree 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 EL&VE T= Ri('>IT 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 TWES 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 AC71ON BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill M a list of all Counseling 14gencles listed in Appendix C. FOR THE COUNTY in which the property is located, using additional pages if necessary) w rehensive Housing Counseling Agencies Please note: A&ary of the agencies offer warkskops at uffrio?rs sites; call to find a location near,iraie. P(e)on last updated: 41201200710:40:40 Adams County Int orialth Housing Down Johnson - - % __. - 40 E. High Street Gettysburg PA 17325 711.330518 Fax 717.334.8326 CCCS of V4Western PA Mary Loftus 970-D South George St. York PA 17403 888,511.2227 Fax 412.390.1336 Community Action Commision Capital Region Jake Burke 1514 Derry Street Harrisburg PA 17104 717.232.9757 Fax 717.234.2227 Harrisburg Fair Housing Council JIM Presslay 2100 North 61h Street Harrisburg PA 17110 717.238.9540 Fax 717.233.5001 Housing Redev. Auth of Cumberland County Pat Mrkobrad 114 N. Hanover Street, Ste 104 Carlisle PA 17013 866.683.5907 Ext. 26 Fax 717.249.4071 Loveship. Inc. Linda Thompson 2320 N. 6th Street Harrisburg PA 17110 717.232.2207 Fax 717.2322656 Rural Opportunities, Inc. Michael Johnson 1625 N. Front Street Harrisburg PA 17102 717.234.6616 Fax 717.234.6692 South Central Assembly Effective Governance W. Craig zumbrun 777 W. Harrisburg Pike Middletown PA 17057 717-948.8464 Fax 717.948.6306 sJ 711 he? (y ? J t (T D INTEGRITY BANK, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NATALIE A. STOUP, and GREGORY T. CLOUSER, Defendants CASE NO. _ 135 aiv;t (erm CIVIL ACTION -LAW MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE AND LAST-KNOWN ADDRESSES OF NATALIE A. STOUP AND GREGORY T. CLOUSER COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS. The undersigned, being duly sworn according to law, deposes and says that to the best of my information and belief Natalie A. Stoup and Gregory T. Clouser are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, f/k/a the Soldier's and Sailor's Civil Relief Act of 1940, 50 U.S.C. App. 501, et seq. Natalie A. Stoup and Gregory T. Clouser are over eighteen (18) years of age and were last known residing at 349 Stonehedge Lane, Mechanicsburg, Pennsylvania, 17055. 1z ? z 1 ? Clayto . D idso , Esquire SWORN and subscribed to before me thi __&y. Hof-Febiruary, 2008 0 3ry Public COMMONWEALTH OF PENNSYLVANIA My Commission Expires Notarial Rea; (SEAL) Ellen M. Palmer. Notary Public City of Harrisburg, Dauphin County My Commisslon Expires Aug. 1, 2010 t CD `17 t_ _ r L SHERIFF'S RETURN - REGULAR CASE NO: 2008-01135 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INTEGRITY BANK VS STOUP NATALIE A ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STOUP NATALIE A the DEFENDANT , at 1643:00 HOURS, on the 3rd day of March , 2008 at 349 STONEHEDGE LANE MECHANICSBURG, PA 17055 NATALIE T CLOUSER 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 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 3ll??a P' ? .00 '37.60 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/03/2008 MCNEES WALLACE NURICK By: Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01135 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INTEGRITY BANK VS STOUP NATALIE A ET AL RONALD KERR Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLOUSER GREGORY T the DEFENDANT , at 1130:00 HOURS, on the 4th day of March 2008 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to GREGORY T CLOUSER a true and attested copy of COMPLAINT - MORT FORK together with and at the same time directing His attention to the contents thereof. Additional Comments DEFENDANT'S ADDRESS IS 304 MELBOURN LANE MECHANICSBURG, PA 17055. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 3l /?zlbY ?,s 00 ?. 0 0 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 03/07/2008 MCNEES WALLACE NURICK By: ? Deputy Sheriff A. D. INTEGRITY BANK, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 08-1135 CIVIL TERM NATALIE A. STOUP, and GREGORY T. CLOUSER, Defendants CIVIL ACTION -LAW MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: Prothonotary of Cumberland County Pursuant to Pa.R.C.P. No. 1037(b), enter judgment in Mortgage Foreclosure in Plaintiff's favor against Natalie A. Stoup and Gregory T. Clouser as owners of the Real Property in the sum of $39,989.94 as of January 21, 2008, along with interest accruing at the per diem rate of $7.91 costs and reasonable attorneys' fees as allowed by law for costs of collection until paid in full. I hereby certify that on April 30, 2008, Plaintiff, in accordance with Pa.R.C.P. No. 237. 1, provided to Defendants written notice of its intention to file this Praecipe. Attached hereto as Exhibit A are a copy of the Notice of Intention and the Certificates of Mailing evidencing the transmittal of the Notice to the Defendants. I also certify that the last known address of Defendants is 349 Stonehedge Lane, Mechanicsburg, Pennsylvania 17055. McNEES WALLACE & NURICK LLC Date: May 12, 2008 ? s^ By: ?Z? Clayton W. Davids Attorney I.D. 7913 100 Pine Street-P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson(d)mwn.com Attorneys for Integrity Bank INTEGRITY BANK, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NATALIE A. STOUP, and GREGORY T. CLOUSER, Defendants TO: Natalie A. Stoup 349 Stonehedge Lane Mechanicsburg, PA 17055 : CASE NO. 08-1135 CIVIL TERM CIVIL ACTION -LAW MORTGAGE FORECLOSURE Gregory T. Clouser 304 Melbourn Lane Mechanicsburg, PA 17055 Gregory T. Clouser 349 Stonehedge Lane Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Date: April 30, 2008 McNEES WALLACE & NURICK LLC By: Clayton W. Davidson, Esquire PA Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson(aamwn.com Attorneys for Integrity Bank f v U.S. POSTAL SERVICE CERTIFICATE OF MAILINU 5 ` McNees Wallace & Nurick LLC; r! 100 Pine Street , `. P.O. Box 1166 Harrisburg, PA 17108-1166 Oi Gregory T. Clouser _ 349 Stonehedge Lane Mechanicsburg, PA 17055 PS Form 3817, January 2001 aa? - cow` 1St U.S. POSTAL SERVICE CERTIFICATE OF MAILING McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 6 1161 - ' c? VP Harrisburg, PA 17108-1166 Y ?? Natalie A. Stoup 349 Stonehedge Lane Mechanicsburg, PA 17055 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING RN McNees Wallace & Nurick LLC - 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Gregory T. Clouser - ' 304 Melbourn Lane _ Mechanicsburg, PA 17055 PS Form 3817, January 2001 as S - D Q ; 0,)Uy1 O W {f$Q?? . A O (D 04 m O •?- Ia ZOa0 ? GA. 0- N 4 Lo o ` N ( to LL N v Q ? O ??WIII O N p Q '"?1PIn 002 O 00 too O qrZ (D W OiO a ?, `t d N un 2 rr O CJ a Lf) C4 LL N Q? W NO a ? Ifl D CD O W 0 ?0 N O ?ONT zO?C Sy??a N Lr)? ? LL U-) LL N 0 v NOO Q (? CD, C) 22 l rla c; ?- 70 CD r . Is INTEGRITY BANK, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NATALIE A. STOUP, and GREGORY T. CLOUSER, Defendants CASE NO. 08-1135 CIVIL TERM CIVIL ACTION -LAW MORTGAGE FORECLOSURE NOTICE OF ENTRY OF DEFAULT JUDGMENT TO: Natalie A. Stoup Gregory T. Clouser Gregory T. Clouser 349 Stonehedge Lane 304 Melbourn Lane 349 Stonehedge Lane Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 You are hereby notified that on max, -? , 2008, judgment in Mortgage Foreclosure was entered in Plaintiff's favor against Natalie A. Stoup and Gregory T. Clouser as owners of the Real Property in the sum of $39,989.94 as of January 21, 2008, along with interest accruing at the per diem rate of $7.91 costs and reasonable attorneys' fees as allowed by law for costs of collection until paid in full. Date ;b! PR THONOT F ? I hereby certify that the name and address of the proper person(s) to receive this notice under Pa. R. Civ. P. 236 is: Natalie A. Stoup 349 Stonehedge Lane Mechanicsburg, PA 17055 Gregory T. Clouser 304 Melbourn Lane Mechanicsburg, PA 17055 Gregory T. Clouser 349 Stonehedge Lane Mechanicsburg, PA 17055 Date: May 12, 2008 McNEES WALLACE & NURICK LLC 'JV By: LZ4't7l?Z Claytoff W. Da) idson Attorney I.D. 9139 100 Pine Street-P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson6i mwn.com Attorneys for Integrity Bank INTEGRITY BANK, Plaintiff V. NATALIE A. STOUP, and GREGORY T. CLOUSER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 08-1135 CIVIL TERM CIVIL ACTION -LAW MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary of Cumberland County: Issue a writ of execution in the above matter as follows: Amount Due $ 39,989.94* *ALONG WITH INTEREST ACCURING AT THE PER DIEM RATE OF $7.91, COSTS AND REASONABLE ATTORNEY'S FEES AS ALLOWED BY LAW FOR COSTS OF COLLECTION UNTIL PAID IN FULL. McNEES WALLACE & NURICK LLC Date: May 28, 2008 By: 41?n4 /." C1ayt?W. Davidsqtf Atto ey I.D. 7911) 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson(a),mwn.com Attorneys for Integrity Bank r w U, c, c w ? ?C. co ?w ,;?3 ..% ti WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-1135 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INTEGRITY BANK Plaintiff (s) From NATALIE A STOUP AND GREGORY T CLOUSER (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 $39,989.94 Interest PER DIEM RATE OF $7.91 Atty's Comm % Arty Paid L.L.$0.50 Due Prothy $2.00 Other CostsCOSTS AND REASONABLE ATTORNEY'S FEES AS ALLOWED BY LAW FOR COSTS OF COLLECTION UNTIL PAID IN FULL Plaintiff Paid Date: MAY 28, 2008 (Seal) gwkwi4dr C s R. Long, P nota By: Deputy REQUESTING PARTY: Name CLAYTON W DAVIDSON, ESQ - MCNEES WALLACE & NURICK LLC Address: 100 PINE STREET P O BOX 1166 HARRISBURG, Pa 17108-1166 Attorney for: PLAINTIFF Telephone: 717-232-8000 Supreme Court ID No. 79139 ILA 9 INTEGRITY BANK, ; IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 08-1135 CIVIL TERM NATALIE A. STOUP, and GREGORY T. CLOUSER, CIVIL ACTION -LAW Defendants MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Integrity Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 349 Stonehedge Lane, Mechanicsburg, PA 17055, as more fully identified in the attached property description. 1. Name and address of owner: Natalie A. Stoup Gregory T. Clouser 349 Stonehedge Lane Mechanicsburg, PA 17055 Name and address of defendant in the judgment herein: Natalie A. Stoup Gregory T. Clouser 349 Stonehedge Lane Mechanicsburg, PA 17055 Gregory T. Clouser 304 Melbourn Lane Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Integrity Bank 3345 Market Street Camp Hill, PA 17011 Cumberland County Adult Probation Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: ERA Mortgage Company 2001 Bishops Gate Blvd. Mount Laurel, NJ 08054 Integrity Bank 3345 Market Street Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 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: None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. McNEES WALLACE & NURICK LLC Date: May 28, 2008 By: ! .?!? Clayt W. Da dson Attorney I.D. 7 39 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsonAmwn.com Attorneys for Integrity Bank ALL THAT CERTAIN Unit, being Unit No. 349 (the "Unit"), of Stonehedge, A Townhome Condominium (the "Condominium"), located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Stonehedge, A Townhome Condominium (the "Declaration of Condominium") and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Misc. Book 681, Page 4605 and Right of Way Plan Book 12, Page 142 respectively, together with any and all amendments thereto: TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, right-of-ways, easements and agreements of record in the aforesaid Office, the aforesaid Declaration of Condominium, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. THE GRANTEE, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for maintenance, repairs, replacements and other expenses in connection with the Common Elements, and the Limited Common Elements appurtenant to said Unit, as may be assessed against him, her, them, it or said Unit, from time to time by the Executive Board of the Stonehedge Condominium Association in accordance with the Uniform Condominium Act of Pennsylvania, and further covenants and agrees that the Unit conveyed by this Deed shall be subject to a lien for all amounts so assessed except insofar as Section 3407(c) of said Uniform Condominium Act may relieve a subsequent Unit Owner of liability for prior unpaid assessments. This covenants shall run with and bind the Unit hereby conveyed and all subsequent owners thereof. rz f° INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NATALIE A. STOUP, and GREGORY T. CLOUSER, Defendants CASE NO. 08-1135 CIVIL TERM CIVIL ACTION -LAW MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2(c) TO: Natalie A. Stoup Gregory T. Clouser 349 Stonehedge Lane Mechanicsburg, PA 17055 Integrity Bank 3345 Market Street Camp Hill, PA 17011 Cumberland County Adult Probation Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 TAKE NOTICE: Gregory T. Clouser 304 Melbourn Lane Mechanicsburg, PA 17055 ERA Mortgage Company 2001 Bishops Gate Blvd. Mount Laurel, NJ 08054 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 3, 2008 TIME: 10:00 a.m. LOCATION: Cumberland County Sheriff's Office One Courthouse Square Carlisle, Pennsylvania 17013 THE PROPERTIES TO BE SOLD are delineated in detail in a legal description mainly 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 DESCRIPTION ATTACHED) THE LOCATION of the properties to be sold is: Unit No. 349 of Stonehedge, A Townhome Condominium, located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Stonehedge, A Townhome Condominium, known and numbered as 349 Stonehedge Lane, Mechanicsburg, Pennsylvania 17055, Parcel No. 42-10-0646-064 U8349. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Integrity Bank v. Natalie A. Stoup and Gregory T. Clouser, No. 08-1135 Civil Term, in the amount of $39,989.94, plus interest at the per diem rate of $7.91, from January 21, 2008 through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for sale of the property until the Sheriff s Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are Natalie A. Stoup and Gregory T. Clouser. 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 of this County 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 the within County at the Courthouse address specified herein. 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 away. 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 BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within 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 the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S 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 the within 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 - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto (and is available from the County Prothonotary or Sheriff). McNEES WALLACE & NURICK LLC Date: May 28, 2008 By: n Clayto W. DavK39 Attorney I.D. 79 10 0 Pine Street - P. 0. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsonC&mwn. com Attorneys for Integrity Bank ALL THAT CERTAIN Unit, being Unit No. 349 (the "Unit"), of Stonehedge, A Townhome Condominium (the "Condominium"), located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Stonehedge, A Townhome Condominium (the "Declaration of Condominium") and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Misc. Book 681, Page 4605 and Right of Way Plan Book 12, Page 142 respectively, together with any and all amendments thereto: TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, right-of-ways, easements and agreements of record in the aforesaid Office, the aforesaid Declaration of Condominium, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. THE GRANTEE, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for maintenance, repairs, replacements and other expenses in connection with the Common Elements, and the Limited Common Elements appurtenant to said Unit, as may be assessed against him, her, them, it or said Unit, from time to time by the Executive Board of the Stonehedge Condominium Association in accordance with the Uniform Condominium Act of Pennsylvania, and further covenants and agrees that the Unit conveyed by this Deed shall be subject to a lien for all amounts so assessed except insofar as Section 3407(c) of said Uniform Condominium Act may relieve a subsequent Unit Owner of liability for prior unpaid assessments. This covenants shall run with and bind the Unit hereby conveyed and all subsequent owners thereof. CIZI co i ??a INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CASE NO. 08-1135 CIVIL TERM NATALIE A. STOUP, and GREGORY T. CLOUSER, CIVIL ACTION -LAW Defendants MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO PA.R.C.P. No. 3129.2 Clayton W. Davidson, Esquire, of McNees Wallace & Nurick LLC, Attorneys at Law, being duly sworn according to law, hereby swears and affirms under penalty of perjury that he served the within Notice of Sheriffs Sale of Real Estate attached hereto as Exhibit A upon the entities listed below in the manner so indicated: By ordinary mail on the parties listed below on June 4, 2008, as evidenced by U.S. Postal Service Forms 3817 Certificates of Mailing, which are attached hereto as Exhibit B. Natalie A. Stoup Gregory T. Clouser 349 Stonehedge Lane Mechanicsburg, PA 17055 Cumberland County Adult Probation Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Date: June 5, 2008 Gregory T. Clouser 304 Melbourn Lane Mechanicsburg, PA 17055 ERA Mortgage Company 2001 Bishops Gate Blvd. Mount Laurel, NJ 08054 McNEES WALLACE & NURICK LLC By: _ /- ClaytojW. Davidse, Esquire PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717)-260-1678 Phone: (717)-232-8000 cavidson@mwn.com Attorneys for Plaintiff, Integrity Bank ,I INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 08-1135 CIVIL TERM NATALIE A. STOUP, and GREGORY T. CLOUSER, CIVIL ACTION -LAW Defendants MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2(c) TO: Natalie A. Stoup Gregory T. Clouser 349 Stonehedge Lane Mechanicsburg, PA 17055 Integrity Bank 3345 Market Street Camp Hill, PA 17011 Cumberland County Adult Probation Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 TAKE NOTICE: Gregory T. Clouser 304 Melbourn Lane Mechanicsburg, PA 17055 ERA Mortgage Company 2001 Bishops Gate Blvd. Mount Laurel, NJ 08054 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 3, 2008 TIME: 10:00 a.m. LOCATION: Cumberland County Sheriffs Office One Courthouse Square Carlisle, Pennsylvania 17013 THE PROPERTIES TO BE SOLD are delineated in detail in a legal description mainly 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 DESCRIPTION ATTACHED) THE LOCATION of the properties to be sold is: Unit No. 349 of Stonehedge, A Townhome Condominium, located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Stonehedge, A Townhome Condominium, known and numbered as 349 Stonehedge Lane, Mechanicsburg, Pennsylvania 17055, Parcel No. 42-10-0646-064 U8349. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Integrity Bank v. Natalie A. Stoup and Gregory T. Clouser, No. 08-1135 Civil Term, in the amount of $39,989.94, plus interest at the per diem rate of $7.91, from January 21, 2008 through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for sale of the property until the Sheriffs Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are Natalie A. Stoup and Gregory T. Clouser. 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 of this County thirty (30) days after the We 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 the within County at the Courthouse address specified herein. 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 away. 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 BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within 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 the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S 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 the within 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 - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto (and is available from the County Prothonotary or Sheriff. McNEES WALLACE & NURICK LLC 1114 Date: June 4, 2008 By: . ? N''`-'' Clayt W. Davi on Attorney I.D. 791 It 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsonna,mwn.com Attorneys for Integrity Bank ALL THAT CERTAIN Unit, being Unit No. 349 (the "Unit"), of Stonehedge, A Townhome Condominium (the "Condominium"), located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Stonehedge, A Townhome Condominium (the "Declaration of Condominium") and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Misc. Book 681, Page 4605 and Right of Way Plan Book 12, Page 142 respectively, together with any and all amendments thereto: TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, right-of-ways, easements and agreements of record in the aforesaid Office, the aforesaid Declaration of Condominium, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. THE GRANTEE, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for maintenance, repairs, replacements and other expenses in connection with the Common Elements, and the Limited Common Elements appurtenant to said Unit, as may be assessed against him, her, them, it or said Unit, from time to time by the Executive Board of the Stonehedge Condominium Association in accordance with the Uniform Condominium Act of Pennsylvania, and further covenants and agrees that the Unit conveyed by this Deed shall be subject to a lien for all amounts so assessed except insofar as Section 3407(c) of said Uniform Condominium Act may relieve a subsequent Unit Owner of liability for prior unpaid assessments. This covenants shall run with and bind the Unit hereby conveyed and all subsequent owners thereof. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-1135 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INTEGRITY BANK Plaintiff (s) From NATALIE A STOUP AND GREGORY T CLOUSER (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 $39,989.94 Interest PER DIEM RATE OF $7.91 Atty's Comm % Atty Paid L.L.$0.50 Due Prothy $2.00 Other CostsCOSTS AND REASONABLE ATTORNEY'S FEES AS ALLOWED BY LAW FOR COSTS OF COLLECTION UNTIL PAID IN FULL Plaintiff Paid Date: MAY 28, 2008 (Seal) REQUESTING PARTY: Name CLAYTON W DAVIDSON, ESQ - MCNEES WALLACE & NURICK LLC Address: 100 PINE STREET P O BOX 1166 HARRISBURG, Pa 17108-1166 R Long, By: Deputy Attorney for: PLAINTIFF Telephone: 717-232-8000 Supreme Court ID No. 79139 U.S. POSTAL SERVICE CERTIFICATE OF w FIF McNees Wallace & Nurr66 C _ 100 Pine Street _ P.O. Box 1166 o N wrap Narrishurg_ PA 1710,-1 00,N _ s o ? rnD ? `.0 N N`i Cumberland County Adult P On, ic e Cumberland County Courthouse `? ?p?_ ? `40 1 Courthouse Square _ 0 Zo T Carlisle, PA 17013 _ °m ° C U.S. POSTAL SERVICE CERTIFI(:ATF nC UAU 1-7 MAY McNees Wallace & Nurick LLC PROI _ 100 Pine Street sdS 11 R P.O. Box 1166 •• Ha.rrishurg. PA 17108-11 6 n unurr6 s One pig ERA Mortgage Co: 2001 Bishops Gate Mount Laurel, NJ ( 0 N ?j N !?' W •?•?/ 2 I U.S. POSTAL SERVICE CERTIFICATE OF MAILING w PR P.O. Box _ o ° u?b Harrisburg, PA 17108 16, ? "' + sr? McNees Wallace & Nurick LLC _ 100 Pine Street 1166 SdSn Natalie A. Stoup Gregory T. Clouse 349 Stonehedge L Mechanicsburg, PA 1 n w )ro, 8002 v 0 N 4A s z "a S U.S. POSTAL SERVICE CERTIFICATE OF MAII Mr P McNees Wallace & Nurick LLC 100 Pine Street S d P.O. Box 1166 Harrisburg. PA 17108-1 1 Ile - j 8002 n PS Form 3817, January 2001 Gregory T. Clouser °` 304 Melbourn Lane Mechanicsburg, PA 17055 0 o UNITED a N N s? CF) V> z0 ? M ° A. ? I i NO ° ° o 0 d CY, Integrity Bank In the Court of Common Pleas of Cumberland County, Pennsylvania VS Writ No. 2008-1135 Civil Term Natalie A. Stoup Gregory T. Clouser R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Clayton W. Davidson. Sheriff's Costs: Docketing 30.00 Poundage 18.04 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 42.00 Levy 15.00 Surcharge 30.00 Law Journal 449.00 Patriot News 285.62 Share of bills 17.64 $ 919.80 So Answers: R. Thomas Kline, Sheriff BY? .9440 r ti INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 08-1135 CIVIL TERM NATALIE A. STOUP, and = = GREGORY T. CLOUSER, CIVIL ACTION - LAW --- - Defendants MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Integrity Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe far W&of Execution was filed, the following information concerning the real property located at 349 Stonehedge Lane, Mechanicsburg, PA 17055, as more fully identified in the attached property description. 1. Name; and address of owner: Natalie A. Stoup Gregory T. Clouser 349 Stonehedge Lane Mechanicsburg, PA 17055 2. Name and address of defendant in the judgment herein: Natalie A. Stoup Gregory T. Clouser 349 Stonehedge Lane Mechanicsburg, PA 17055 Gregory T. Clouser 304 Melbourn Lane Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Integrity Bank 3345 Market Street Camp Hill, PA 17011 Cumberland County Adult Probation Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 I 4. Name and address of the last recorded holder of every mortgage of record: ERA Mortgage Company 2001 Bishops Gate Blvd. Mount Laurel, NJ 08054 Integrity Bank 3345 Market Street Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 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: None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. McNEES WALLACE & NURICK LLC Date: May 28, 2008 By: Clayt W. Da eson Attorney I.D. 7 39 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsonL&mwn.com Attorneys for Integrity Bank ALL THAT CERTAIN Unit, being Unit No. 349 (the "Unit"), of Stonehedge, A Townhome Condominium (the "Condominium"), located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Stonehedge, A Townhome Condominium (the "Declaration of Condominium") and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Misc. Book 681, Page 4605 and Right of Way Plan Book 12, Page 142 respectively, together with any and all amendments thereto: TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, right-of-ways, easements and agreements of record in the aforesaid Office, the aforesaid Declaration of Condominium, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. THE GRANTEE, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for maintenance, repairs, replacements and other expenses in connection with the Common Elements, and the Limited Common Elements appurtenant to said Unit, as may be assessed against him, her, them, it or said Unit, from time to time by the Executive Board of the Stonehedge Condominium Association in accordance with the Uniform Condominium Act of Pennsylvania, and further covenants and agrees that the Unit conveyed by this Deed shall be subject to a lien for all amounts so assessed except insofar as Section 3407(c) of said Uniform Condominium Act may relieve a subsequent Unit Owner of liability for prior unpaid assessments. This covenants shall run with and bind the Unit hereby conveyed and all subsequent owners thereof. INTEGRITY BANK, Plaintiff V. NATALIE A. STOUP, and GREGORY T. CLOUSER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 08-1135 CIVIL TERM CIVIL ACTION -LAW MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2(c) TO: Natalie A. Stoup Gregory T. Clouser 349 Stonehedge Lane Mechanicsburg, PA 17055 Integrity Bank 3345 Market Street Camp Hill, PA 17011 Cumberland County Adult Probation Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 TAKE NOTICE: =a 'r7 Gregory T. Clouser 304 Melbourn Lane Mechanicsburg, PA 17055 ERA Mortgage Company 2001 Bishops Gate Blvd. Mount Laurel, NJ 08054 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 3, 2008 TIME: 10:00 a.m. LOCATION: Cumberland County Sheriff's Office One Courthouse Square Carlisle, Pennsylvania 17013 THE PROPERTIES TO BE SOLD are delineated in detail in a legal description mainly 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 DESCRIPTION ATTACHED) THE LOCATION of the properties to be sold is: Unit No. 349 of Stonehedge, A Townhome Condominium, located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Stonehedge, A Townhome Condominium, known and numbered as 349 Stonehedge Lane, Mechanicsburg, Pennsylvania 17055, Parcel No. 42-10-0646-064 U8349. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Integrity Bank v. Natalie A. Stoup and Gregory T. Clouser, No. 08-1135 Civil Term, in the amount of $39,989.94, plus interest at the per diem rate of $7.91, from January 21, 2008 through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for sale of the property until the Sheriff s Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are Natalie A. Stoup and Gregory T. Clouser. 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 of this County 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 the within County at the Courthouse address specified herein. 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 away. 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 BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within 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 the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S 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 the within 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 - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto (and is available from the County Prothonotary or Sheriff). McNEES WALLACE & NURICK LLC Date: May 28, 2008 By: n Clayto W. DavK39 Attorney I.D. 79 10 0 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsonC&mwn.com Attorneys for Integrity Bank ALL THAT CERTAIN Unit, being Unit No. 349 (the "Unit"), of Stonehedge, A Townhome Condominium (the "Condominium"), located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Stonehedge, A Townhome Condominium (the "Declaration of Condominium") and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Misc. Book 681, Page 4605 and Right of Way Plan Book 12, Page 142 respectively, together with any and all amendments thereto: TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, right-of-ways, easements and agreements of record in the aforesaid Office, the aforesaid Declaration of Condominium, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. THE GRANTEE, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for maintenance, repairs, replacements and other expenses in connection with the Common Elements, and the Limited Common Elements appurtenant to said Unit, as may be assessed against him, her, them, it or said Unit, from time to time by the Executive Board of the Stonehedge Condominium Association in accordance with the Uniform Condominium Act of Pennsylvania, and further covenants and agrees that the Unit conveyed by this Deed shall be subject to a lien for all amounts so assessed except insofar as Section 3407(c) of said Uniform Condominium Act may relieve a subsequent Unit Owner of liability for prior unpaid assessments. This covenants shall run with and bind the Unit hereby conveyed and all subsequent owners thereof. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-1135 Civil CIVII, ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INTEGRITY BANK Plaintiff (s) From NATALIE A STOUP AND GREGORY T CLOUSER (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 $39,989.94 Interest PER DIEM RATE OF $7.91 Atty's Comm °io Atty Paid L.L.$0.50 Due Prothy $2.00 Other CostsCOSTS AND REASONABLE ATTORNEY'S FEES AS ALLOWED BY LAW FOR COSTS OF COLLECTION UNTIL PAID IN FULL Plaintiff Paid Date: MAY 28, 2008 (Seal) Curti . Long, Prot By: REQUESTING PARTY: Name CLAYTON W DAVIDSON, ESQ MCNEES WALLACE & NURICK LLC Address: 100 PINE STREET P O BOX 1166 HARRISBURG, Pa 17108-1166 Attorney for: PLAINTIFF Telephone: 717-232-8000 Supreme Court ID No. 79139 Deputy Real Estate Sale #53 On May 29, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 349 Stonehedge Lane, Mechanicsburg more fully described on Exhibit "A" Cam'. ,rte filed with this writ and by this reference incorporated herein. Date: May 29, 2008 By: Real Estatt Sergeant the Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZbeP atriot-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: .e Sworn to and subscribed be me t?2? dJ?ji of August, 2008 A.D. r Notary Public 07/23/08 07/30/08 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Public city of Harrisburg, Oauphln county Co?n?rNSSion E)p irea Nov. 28, 2011 Member, Pennsytvanla Association of Notaries Real Estate Sale No. 53 Writ No. 21111WI135 CIA Term Biawtic Intagrilly VS Natalie A. Stoup and GregoryT. Clouser Attorney Clayton. Davidson LEGAL DESCRIPTION ALL THAT CERTAIN Unit, being Unit No. 349 (the "Unit"), of Stone hedge, A Townhome Condominium (the "Condominium"), located in Upper Allen Township, Cumberland County. Pennsylvania; which Unit is designated in the Declaration of Condominium of Stonehedge, A Townhome Condominium (the "Declaration of Condominium") and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Misc. Book 681, Page 4605 and Right of Way Plan Book 12, Page 142 respectively, together with any and all amendments thereto: TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions; right-of- ways, easements and agreements of record in the aforesaid Office, the aforesaid Declaration of Condominium, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. THE GRANTEE, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants. and agrees to pay such charges for maintenance, repairs, replacements and other expenses in connection with the Common Elements, and the Limited Common Elements appurtenant to said Unit, as may be assessed against him, her, them, it or said Unit, from time to time by the Executive Board of the Stonehedge Condominium Association in accordance with the Uniform Condominium Act of Pennsylvania, and further covenants and agrees that the Unit conveyed by this Deed shall be subject to a lien for all ^mounts so assessed except insofar as Section 3407(c) of said Uniform Condominium Act may relieve a subsequent Unit Owner of liability for poor unpaid assessments. This covenants shall run with and bind the Unit hereby conveyed and all subsequent owners thereof. 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 Coyne, SWORN TO AND SUBSCRIBED before me this 1 day of August, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNN My Commission Expires Apr 28, 2010 REAL ESTATE BALE NO. 53 Writ No. 2008-1 135 Civil Integrity Bank vs. Natalie A. Stoup and Gregory T. Clouser Atty.: Clayton Davidson ALL THAT CERTAIN Unit, being Unit No. 349 (the "Unit"), of Stone- hedge, A Townhome Condominium (the "Condominium"), located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Stonehedge, A Townhome Condominium (the "Dec- laration of Condominium") and Dec- laration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Misc. Book 681, Page 4605 and Right of Way Plan Book 12, Page 142 respectively, to- gether with any and all amendments thereto: TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condomin- ium, as last amended. TOGETHER with the right to use the Limited Common Elements ap- plicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restric- tions, right-of-ways, easements and agreements of record in the aforesaid Office, the aforesaid Declaration of Condominium, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. THE GRANTEE, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the ac- ceptance of this Deed, covenants and agrees to pay such charges for main- tenance, repairs, replacements and other expenses in connection with the Common Elements, and the Limited Common Elements appurtenant to said Unit, as may be assessed against him, her, them, it or said Unit, from time to time by the Executive Board of the Stonehedge Condominium Association in accordance with the Uniform Condominium Act of Penn- sylvania, and further covenants and agrees that the Unit conveyed by this Deed shall be subject to a lien for all amounts so assessed except insofar as Section 3407(c) of said Uniform Condominium Act may relieve a subsequent Unit Owner of liability for prior unpaid assessments. This covenants shall run with and bind IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: INTEGRITY BANK, Plaintiff V. NATALIE A. STOUP, and GREGORY T. CLOUSER, Defendants ? Confessed Judgment ® Other File No. 08-1 135 Civil Term : Amount Due $39,989.94 Interest $7.91 per day from January 21, 2008 Atty's Comm To be added TO THE PROTHONOTARY OF THE SAID COURT: Costs To be added 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. 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) 349 Stonehedge Lane, Mechanicsburg, PA 17055 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of _ 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), Date ? (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. October 23, 2009 Signature: Print Name: Clayton W. D vidson Address: 100 Pine Street Attorney for: Telephone: Harrisburg, PA 17101 Plaintiff 717-237-5496 Supreme Court ID No: 79139 Q FIOF THE PA0110NO TRY 2009 OCT 2b PM 2: 2 1 cum&.-1 k) COUNTY PENNSYLVANIA 4a4.oo Po A'T7-4 sl. too asF 91Q.so aq. 00 1, o41. Qo • ft? A-W ta4. oo (, ue o.- ad 18441to e dZa 587 -Re LL? INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 08-1135 CIVIL TERM NATALIE A. STOUP, and GREGORY T. CLOUSER, CIVIL ACTION -LAW Defendants : MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Integrity Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 349 Stonehedge Lane, Mechanicsburg, PA 17055, as more fully identified in the attached property description. Name and address of owner: Natalie A. Stoup 349 Stonehedge Lane Mechanicsburg, PA 17055 Name and address of defendants in the judgment herein: Natalie A. Stoup 349 Stonehedge Lane Mechanicsburg, PA 17055 Gregory T. Clouser 304 Melbourn Lane Mechanicsburg, PA 17055 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Integrity Bank 3345 Market Street Camp Hill, PA 17011 Cumberland County Adult Probation Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: ERA Mortgage Company 2001 Bishops Gate Blvd. Mount Laurel, NJ 08054 Integrity Bank 3345 Market Street Camp Hill, PA 17011 Name and address of every other person who has any record lien on the property: None 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 the Treasury Internal Revenue Service 228 Walnut Street Harrisburg, PA 17108 Im Soon Tuman 15 Devonshire Squ. By Moo Sik Won, P.O.A. Mechanicsburg, PA 17055 Timothy J. Black 959 Bower Lane Harrisburg, PA 17112 Mobility Independent Transportation Services, Inc. 11448 North Main Street Glen Rock, PA 17327 Timothy J. Black 7502 Moyer Road Harrisburg, PA 17112 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Mishkin Enterprises 210 Walnut Street Harrisburg, PA 17101 Stephen F. Hammond/Autocamp 3609 Hartzdale Drive 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: None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. McNEES WALLACE & NURICK LLC Date: October 20, 2009 By: ?- Clayton W. vidson Attorney I.D. 9139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson@mwn.com Attorneys for Integrity Bank RLED-0? OF TW WO MTARY 2009 OCT 26 PM 2: 2 ! PEA` NSYLVMNIA r It INTEGRITY BANK, V. Plaintiff NATALIE A. STOUP, and GREGORY T. CLOUSER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CASE NO. 08-1135 CIVIL TERM CIVIL ACTION -LAW MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2(c) TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 3, 2010 TIME: 10:00 a.m. LOCATION: Cumberland County Sheriffs Office One Courthouse Square Carlisle, Pennsylvania 17013 THE PROPERTIES TO BE SOLD are delineated in detail in a legal description mainly 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 DESCRIPTION ATTACHED) THE LOCATION of the properties to be sold is: Unit No. 349 of Stonehedge, A Townhome Condominium, located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Stonehedge, A Townhome Condominium, known and numbered as 349 Stonehedge Lane, Mechanicsburg, Pennsylvania 17055, Parcel No. 42-10-0646-064 U8349. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Integrity Bank v. Natalie A. Stoup and Gregory T. Clouser, No. 08-1135 Civil Term, in the amount of $39,989.94, plus interest at the per diem rate of $7.91, from January 21, 2008 through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for sale of the property until the Sheriff s Sale. THE NAME OF THE OWNER OR REPUTED OWNER of this property is Natalie A. Stoup. 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 of this County 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 the within County at the Courthouse address specified herein. 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 away. 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within 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 the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S 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 the within 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. V, r If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto (and is available from the County Prothonotary or Sheriff). McNEES WALLACE & NURICK LLC Date: October 20, 2009 By: ?f Clayton W. D vidson Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson@mwn.com Attorneys for Integrity Bank ALL THAT CERTAIN Unit, being Unit No. 349 (the "Unit"), of Stonehedge, A Townhome Condominium (the "Condominium"), located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Stonehedge, A Townhome Condominium (the "Declaration of Condominium") and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Misc. Book 681, Page 4605 and Right of Way Plan Book 12, Page 142 respectively, together with any and all amendments thereto: TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, right-of-ways, easements and agreements of record in the aforesaid Office, the aforesaid Declaration of Condominium, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. THE GRANTEE, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for maintenance, repairs, replacements and other expenses in connection with the Common Elements, and the Limited Common Elements appurtenant to said Unit, as may be assessed against him, her, them, it or said Unit, from time to time by the Executive Board of the Stonehedge Condominium Association in accordance with the Uniform Condominium Act of Pennsylvania, and further covenants and agrees that the Unit conveyed by this Deed shall be subject to a lien for all amounts so assessed except insofar as Section 3407(c) of said Uniform Condominium Act may relieve a subsequent Unit Owner of liability for prior unpaid assessments. This covenants shall run with and bind the Unit hereby conveyed and all subsequent owners thereof. Parcel No. 42-10-0646-064.-U8349 ALL THAT CERTAIN Unit, being Unit No. 349 (the "Unit'), of Stonehedge, A Townhome Condominium (the "Condominium"), located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Stonehedge, A Townhome Condominium (the "Declaration of Condominium') and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Misc. Book 681, Page 4605 and Right of Way Plan Book 12, Page 142 respectively, together with any and all amendments thereto: TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, right-of-ways, easements and agreements of record in the aforesaid Office, the aforesaid Declaration of Condominium, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. THE GRANTEE, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for maintenance, repairs, replacements and other expenses in connection with the Common Elements, and the Limited Common Elements appurtenant to said Unit, as may be assessed against him, her, them, it or said Unit, from time to time by the Executive Board of the Stonehedge Condominium Association in accordance with the Uniform Condominium Act of Pennsylvania, and further covenants and agrees that the Unit conveyed by this Deed shall be subject to a lien for all amounts so assessed except insofar as Section 3407(c) of said Uniform Condominium Act may relieve a subsequent Unit Owner of liability for prior unpaid assessments. This covenants shall run with and bind the Unit hereby conveyed and all subsequent owners thereof. Parcel No. 42-10-0646-064.-U8349 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1135 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INTEGRITY BANK, Plaintiff (s) From NATALIE A. STOUP and GREGORY T. CLOUSER (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 $39,989.94 L.L. Interest $7.91 per day from 1/21/08 -- to be determined Atty's Comm % Due Prothy $2.00 Atty Paid $1,097.90 Other Costs to be added Plaintiff Paid Date: 10/26/09 rtis R. Lon of o t (Seal) By: Deputy REQUESTING PARTY: Name: CLAYTON W. DAVIDSON, ESQUIRE Address: McNEES WALLACE & NURICK LLC 100 PINE STREET HARRISBURG, PA 17101 Attorney for: PLAINTIFF Telephone: 717-237-5496 Supreme Court ID No. 79139 <.A INTEGRITY BANK, V. Plaintiff NATALIE A. STOUP, and GREGORY T. CLOUSER, Defendants IN THE COURT OF COMMON PLEAS VWA CUMBERLAND COUNTY, PENNS )?; CASE NO. 08-1135 CIVIL TERM ,T?-0Co{± - q ? . _vF . R ? CAI r < CIVIL ACTION - LAW MORTGAGE FORECLOSURE O RETURN OF SERVICE PURSUANT TO PA. R.C.P. 3129.2(c)(2) V Tt rn m T Plaintiff, Integrity Bank, hereby files this Return of Service and swears and affirms that the person or persons listed below, whose names appear in the Affidavit filed in this proceeding pursuant to Pa. R.C.P. 3129. 1, were served with the Notice of Sheriff s Sale Pursuant to Pa. R.C.P. 3129.2 and legal description in the United States Mail, first class, with certificates of mailing. A copy of each certificate of mailing is attached hereto. Natalie A. Stoup 349 Stonehedge Lane Mechanicsburg, PA 17055 Integrity Bank 3345 Market Street Camp Hill, PA 17011 ERA Mortgage Company 2001 Bishops Gate Blvd. Mount Laurel, NJ 08054 Im Soon Tuman 15 Devonshire Squ. By Moo Sik Won, P.O.A. Mechanicsburg, PA 17055 Gregory T. Clouser 304 Melbourn Lane Mechanicsburg, PA 17055 Cumberland County Adult Probation Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Department of the Treasury Internal Revenue Service 228 Walnut Street Harrisburg, PA 17108 Timothy J. Black 959 Bower Lane Harrisburg, PA 17112 Mobility Independent Transportation Timothy J. Black Services, Inc. 7502 Moyer Road 11448 North Main Street Harrisburg, PA 17112 Glen Rock, PA 17327 Saidis, Shuff, Flower & Lindsay Mishkin Enterprises 26 West High Street 210 Walnut Street Carlisle, PA 17013 Harrisburg, PA 17101 Stephen F. Hammond/Autocamp 3609 Hartzdale Drive Camp Hill, PA 17011 McNEES WALLACE & NURICK LLC Date: February 3, 2010 By: Clayton vidson Attorney 1.1). 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson(i,mwn.com Attorneys for Integrity Bank , ?6,;ls8 PO`S t z e PITNEY BOWES 02 1A $ 01.15° 0004625275 JAN28 2010 MAILED FROM ZIP CODE 17101 w 0c ° • .E ` V ? ? I I I {^ ? API ? ,, y=. a. •? V r co Ln N 0. 4 s Q J`' co -.E U X o E. W N U ¢ cot) DD p ? 9E n ? o n? 2 O N c d yy O g? y a? U p N V `o n m Z ? M r b ? E r U O x ryo E I I I I LL r 0 w co o??P?*s Posr?? 7 wTNEY sowEs 02 1A $ 01.15° 0004625275 JAN28 2010 MAILED FROM ZIP CODE 17101 R v? d L d W 0 L J o ? m co a .--i ? ? Ly a e 7 r--1 t E E, Eco O 1 ZE O m? N A m :2 E F• a on a 62 z E O x I N ? F-F LL O ~ I _I I? CN, o J O N 00 N O o o0 a N 0 bA t? N cts a 00 A.?Nx? Go M O 1 la 0 c G1? 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O I r i M ?E 81 U x i N M ? . . I l cl) I 9 a ti `i ,~ INTEGRITY BANK, Plaintiff v. NATALIE A. STOUP and GREGORY T. CLOUSER, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-1135 Civil Term CIVIL ACTION -LAW MORTGAGE FORECLOSURE PRAECIPE Please enter my appearance on behalf of Integrity Bank, the Plaintiff in this case. Lloy .Persun, Esquire I.D. o. 10139 Persun & Heim, P.C. P.O. Box 659 Mechanicsburg, PA 17055-0659 (717) 620-2440 Attorney for Plaintiff Date: June 7, 2010 "= ~ , ~", _ -c m ~: - ~ ~ F~ ~~ • . , ~~ - ~ ~,.. L,... ~ ~ ~• ' '~ ~ 1 ( ~ " W `' T' C.4 1 J. ~~.. 1 CERTIFICATE OF SERVICE I, Lloyd R. Persun, Esquire, hereby certify that on the 7`h day of June, 2010 a true and correct copy of the foregoing Praecipe was served by United States mail, first class, postage prepaid on each of the following addresses as follows: Natalie A. Stoup 349 Stonehedge Lane Mechanicsburg, PA 17055 Gregory T. Clouser 9 Kensington Square Mechanicsburg, PA 17055 Clayton W. Davidson, Esquire McNees, Wallace & Nurick, LLC P.O. Box 1166 Harrisburg, PA 17108-1166 Chad J. Julius, Esquire 8150 Derry Street Harrisburg, PA 17111 _, d~ Lloy .Persun, Esquire Attorney for Plaintiff June 7, 2010 17136v1 JUN 10 2010 INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 08-1135 Civil Term NATALIE A. STOUP and GREGORY T. CLOUSER, CIVIL ACTION -LAW Defendants MORTGAGE FORECLOSURE ORDER AND NOW, this ~5 ' day of June, 2010, upon consideration of Plaintiff's Motion for a Special Order of Court postponing Sheriff s Sale, there being no objection thereto, IT IS HEREBY ADJUDGED, ORDERED AND DECREED that the said Motion be and it is hereby granted; that the Sheriff s Sale in this case scheduled for July 7, 2010 be and it is hereby postponed until October 6, 2010; that the Sheriff of Cumberland County be and he hereby is directed to announce such postponement at the sale presently scheduled for July 7, 2010; and that no new notice under Rule 3129.2 shall be req>>ire~ Y '~ Cp a fi S /n-~ c t~- .-~. ` -, ~ r s~l rv ~ ~.~ ~< ~'~1 ""'~ JUN 2 8 2010 ~ t INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 08-1135 Civil Term NATALIE A. STOUP and GREGORY T. CLOUSER, CIVIL ACTION -LAW Defendants MORTGAGE FORECLOSURE ORDER AND NOW, this 2 a'' day of 9 ~ , 2010, upon consideration of Plaintiff s Motion seeking to amend the Special Order of this Court entered June 15, 2010 postponing Sheriff's Sale, there being no objection thereto, IT IS HEREBY ADJUDGED, ORDERED AND DECREED that the said Motion be and it is hereby granted; that the Sheriff's Sale in this case scheduled for July 7, 2010 may proceed as scheduled, unless Plaintiff shall decide to postpone it until October 6, 2010; that, if Plaintiff should request, the Sheriff of Cumberland County be and he hereby is authorized to announce such postponement at the sale presently scheduled for July 7, 2010; and that in that event no new notice under Rule 3129.2 shall be required. Pegs ns and/or attorneys required to be notified: / Natalie A. Stou 349 Stonehedge Lane Mechanicsburg, PA 17055 ./ Clayton W. Davidson, Esquire McNees, Wallace & Nurick, LLC P.O. Box 1166 Harrisburg, PA 17108-1166 ~oyd R. Persun, Esquire Persun & Heim, P.C. P.O. Box 659 Mechanicsburg, PA 17055-0659 17432v1 Gregory T. Clouser 9 Kensington Square Mechanicsburg, PA 17055 had J. Julius, Esquire 8150 Derry Street Harrisburg, PA 17111 I ~o~~ 8~/~ `~ n ~ {..- t~r' , -; .. ~., ~,..~ x. ~_~ J. N _o 0 ~~ N G7 -v > ~' ~...e ~~ ,~~ _-n n _, 4 1, _~ -~ ~~IEI~IFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson ~- `~ ~ ° ~ _ ~ j"~ Sheriff r eC ~~ronti rfif~~~ ~a~~,t Jody S Smith ~, ~~ ~ B;a '?t'~' ~ ~' ~'• ~ ~ i ~• ~' Chief Deputy i ~~,~ ~;. .,~ ~;~~~ •~:.; .~ ; r~ Richard W Stewart >. ~ li~''i'_: ~r ,^; },~~ ~~, ~,~ ~ ~~,, ' ~ Solicitor ~ ~~ r ~ <: e ~ cr~~cF>>;~ FF,~ s~F~~~FF ,..~ r ~ i Integrity Bank Case Number vs. 2008-1135 Natalie A Stoup (et al.) SHERIFF'S RETURN OF SERVICE 01/14/2010 Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on 12!21!09 at 2003 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 Natalie A. Stoup and Gregory T. Clouser, located at, 349 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania according to law. 01114!2010 Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 12/21/09 at 2003 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: Natalie A. Stoup, by making known unto, Natalie A. Stoup, personally, at, 349 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 01/14/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Gregory T. Clouser, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Gregory T. Clouser, defendant moved, did not leave a forwarding address. 02/18/2010 Valarie Weary, Deputy Sheriff, who being duly sworn according to law, states that on 2/16/10 at 1257 hours, she 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: Gregory T. Clouser, by making known unto, Gregory T. Clouser, personally, at, The Cumberland County Courthouse, Courtroom # 3, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 02/23/2010 PROPERTY SALE POSTPONED TO 6/2/2010. 03/05/2010 Ronny R. Anderson ,Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Gregory T. Clouser, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 03/05!2010 York County Return and now the, 4th day of February, 2010, served the within Real Estate Writ, Notice of Sale and Description upon Gregory T. Clouser, the defendant, by making known unto Frank Ciccocioppo, Vice President of Sales and Adult in charge, at defendants POE, Bath Fitters, 542 Industrial Drive, Lewisberry, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers:, Terry Drawbaugh, Deputy Sheriff of York County, Pennsylvania. 06/02/2010 Property sale postponed to 7/7/2010. 07/06/2010 Property sale postponed to 10/6/2010. 10/01/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Persun on 10/1/10 SHERIFF COST: $1,058.89 a ~~o(, ~ SO ANSWERS, October 01, 2010 ~~ ~~~/,~/ RON R ANDERSON, SHERIFF rri CountySuite Sheriff. Teleosoft, Inr.. r INTEGRITY BANK, Y Plaintiff v. NATALIE A. STOUP, and GREGORY T. CLOUSER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 08-1135 CIVIL TERM CIVIL ACTION -LAW MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Integrity Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 349 Stonehedge Lane, Mechanicsburg, PA 17055, as more fully identified in the attached property description. 1. Name and address of owner: Natalie A. Stoup 349 Stonehedge Lane Mechanicsburg, PA 17055 2. Name and address of defendants in the judgment herein: Natalie A. Stoup 349 Stonehedge Lane Mechanicsburg, PA 17055 Gregory T. Clouser 304 Melbourn Lane Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Integrity Bank 3345 Market Street Camp Hill, PA 17011 Cumberland County Adult Probation Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: ERA Mortgage Company 2001 Bishops Gate Blvd. Mount Laurel, NJ 08054 Y 1 Integrity Bank 3345 Market Street Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Department of the Treasury Internal Revenue Service 228 Walnut Street Harrisburg, PA 17108 Im Soon Tuman 15 Devonshire Squ. By Moo Sik Won, P.O.A. Mechanicsburg, PA 17055 Timothy J. Black 959 Bower Lane Harrisburg, PA 17112 Mobility Independent Transportation Services, Inc. 11448 North Main Street Glen Rock, PA 17327 Timothy J. Black 7502 Moyer Road Harrisburg, PA 17112 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Mishkin Enterprises 210 Walnut Street Harrisburg, PA 17101 Stephen F. Hammond/Autocamp 3609 Hartzdale Drive 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: None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. McNEES WALLACE & NURICK LLC Date: October Z0, 2009 By: ~- Clayton W, vidson Attorney I.D. 9139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson~~mwn.com Attorneys for Integrity Bank t a" I1~TTEGKITY BANK; ' Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NATALIE A. STOUP, and. GREGORY T. CLOUSER, . Defendants CASE NO. 08-1135 CIVIL TERM CIVIL ACTION -LAW MORTGAGE FORECLOSURE ` NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2(c) TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will beheld: DATE: March 3, 2010 TIME: 10:00 a.m. LOCATION: Cumberland County Sheriff s Office One Courthouse Square Carlisle, Pennsylvania 17013 THE PROPERTIES TO BE SOLD are .delineated in detail in a legal description mainly 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 DESCRIPTION ATTACHED) THE LOCATION of the properties to be sold is: Unit No. 349 of Stonehedge, A Townhome Condominium, located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in .the Declaration of Condominium of Stonehedge, A Townhome Condominium, known and numbered as 349 Stonehedge Lane, Mechanicsburg, Pennsylvania 17055, Parcel No. 42-10-0646-064 U8349. THE JUDGMENT under or pursuant to which. your property is being sold is docketed in the within Commonwealth and County to: Integrity Bank v. Natalie A. Stoup and Gregory T. Clouser, No. 08-1135 Civil Term, in the amount of $39,989.94, plus interest at the per diem rate of $7.91, from January 21, 2008 through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for sale of the property until the Sheriffs Sale. THE NAME OF THE OWNER OR REPUTED OWNER of this property is Natalie A Stoup. 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 of this County 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 the within County at the Courthouse address specified herein. 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 PRO_ PERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: L You may file a petition with the Court of Common Pleas of the within 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 the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BEFILED BEFORE THE SHERIFF'S 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 the within .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. ~ ~ I Tf a specific return date is desired, such date must be obtained ~ from the Court Administrator's Office -Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto (and is available from the County Prothonotary or Sheriff). Date: October 20, 2009 McNEES WALLACE & NURICK LLC By: ~'' Clayton W. D vidson - Attorney LD. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson(a~mwn.com Attorneys for Integrity Bank ALL THAT CERTAIN Unit, being Unit No. 349 (the "Unit"), of Stonehedge, A Townhome Condominium (the "Condominium"), located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Stonehedge, A Townhome Condominium (the "Declaration of Condominium") and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Misc. Book 681, Page 4605 and Right of Way Plan Book l2, Page .142 respectively, together with any and all amendments thereto: TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as lash amended. - 'T'OGETHER with the right to use the Limited Common Elements applicable to the. Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, right-of--ways, easements and agreements of record in the aforesaid Office, the aforesaid. Declaration of Condominium, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. THE GRANTEE, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors. and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for maintenance, repairs, replacements and other expenses in connection with ' the Common Elements, and the Limited Common Elements appurtenant to said Unit, as maybe assessed against him, her, them, it or said Unit, from time to time by the Executive Boazd of the Stonehedge Condominium Association in accordance with the Uniform Condominium Act of Pennsylvania, and further covenants and agrees that the Unit conveyed by this Deed shall be subject. to a lien for all amounts so assessed except insofar as Section 3407(c) of said Uniform Condominium Act may relieve a subsequent Unit Owner of liability for prior unpaid assessments. This covenants shall run with and bind the Unit hereby conveyed and all subsequent owners thereof. Parcel No. 42-10-0646-064.-U8349 WRIT OF EXECUTION and/or ATTACHMENT . . COMMONWEALTH OF PENNSYLVANIA) NO 08-1135 Civil eCOUN~'Y OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INTEGRITY BANK, Plaintiff (s) From NATALIE A. STOUP and GREGORY T. CLOUSER (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 $39,989.94 L.L. Interest $7.91 per day from 1/21/08 -- to be determined Atty's Comm % Due Prothy $2.00 Atty Paid $1,097.90 Other Costs to be added Plaintiff Paid Date: 10/26/09 urtis R. Lo oth no (Seal) gy. Deputy REQUESTING PARTY: Name: CLAYTON W. DAVIDSON, ESQUIRE Address: McNEES WALLACE & NURICK LLC 100 PINE STREET HARRISBURG, PA 17101 Attorney for: PLAINTIFF Telephone: 717-237-5496 Supreme Court ID No. 79139 1 OnNovember 5, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered 349 Stonehedge Lane , Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 5, 2009 By: ~~~~~~ Real Estate Coordinator r R ~, ~: , t e ~r ~~~ ~~~~~~ ~. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 22. January 29, and Febru 5, 2010 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. c s Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 5 day of February, 2010 ~' tea/ Notary NOTARIAL SEAL DEBORAH A COLUNS Notary public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 wr,~c xo. aoos->ts3a ciit Integrity Bank vs. Natalie A. Stoup Gregory T. Clouser Atty: Clayton Davidson ALL THAT CERTAIN Unit, being Unit No, 349 (the "Unit"), of Stone- hedge, A Townhome Condominium (the °Condominium°j, located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Stonehedge, A Townhome Condominium (the "Dec- laration of Condominium") and Dec- laration Plats and Plans recorded in the Office of the Cumberland County rder of Deeds in Misc. Book 681, 4605 and Right of Way Plan $o0 12, Page 142 respectively, to- gether with any and all amendments thereto: TOGETHEt2~with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condomini- um, as last amended. TOGETHER with the right to use the Limited Common Elements ap- plicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restric- tions, right-of-ways, easements grid agreements of record in the aforesaid Office, the aforesaid Declazation of Condominium, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. THE GRANTEE, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and aeaigns, by the ac- ceptance of this Deed, covenants and agrees to pay such charges for main- tenance, repairs, replacements and other expenses in connection with the Common Elements, and the Limited Common Elements appurtenant to said Unit, as may be assessed against him, her, them, it or said Unit, from time to time by the Executive Board of the Stonehedge Condominium Association in accordance with the Uniform Condominium Act of Penn- sylvania, and further covenants and agrees that the Unit conveyed by this Deed shall be subject to a lien for all amounts so assessed except insofar as Section 3407(c) of said Uniform Condominium Act may relieve a subsequent Unit Owner of liability for prior unpaid assessments. This covenants shall run with and bind the Unit hereby conveyed and all subsequent owners thereof. Parcel No. 42-10-0646-064.- U8349. PROPERTY ADDRESS: 349 Stone- hedge Lane, Mechanicsburg, PA 17055. The Patriot-News Co. 812 Market St: Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c'~I~e ~latriot 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01 /22/10 ~' ~ i ?! f ~ ,, worn to n~Y~ubscribed before m is day of February, 2010 A.D. ~~. __ _ -___ Notary Public - -~----- ~Vot~ri~! ~ , ••,'~'^r `~1' 0y' ~t~L. ~i&ner, ?Votary ~'ublic y ~. ~bu1y. Dauph)n Courtty tssion ~~ er, pe~7~ n~~~ fi, 2011 01/29/10 02/05/10 Docket Number: 2008-1135 Civil Term ,Integrity Bank vs. 'Natalie A Stoup GregoryT Clouser Atty: Clayton Davidson ALL THAT CERTAIN Unit, being Unit No, 349 (the "Unit"), of Stonehedge, A Townhome Condominium (the "Condominium"), located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declazation of Condominium of Stonehedge, A Townhome Condominium (the "Declazntion of Condominium") and Declazation Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Misc. Book 681, Page 4605 and Right of Way Plan Book 12, Page 142 respectively, together with any and all amendments thereto: TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restricfions, right-of- ways, easements arid agreements of recozd in the aforesaid Office, the aforesaid Declaration of Condominium, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. THE GRANTEE, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such chazges for maintenance, repairs, replacements and other expenses in connection with ire Common Elements, and the Limited Common Elements appurtenant to said Unit, as may be assessed against him, her, them, it or said Unit, from time to time by the Executive Boazd of the Stonehedge Condominium Association in accordance with the Uniform Condominium Act of Pennsylvania, and further covenants and agrees that the Unit conveyed by this Deed shall be subject to a fien for all amounts so assessed except insofaz as Section 3407(c) of said Uniform Condominium Act may relieve a subsequent Unit Owner of liability for prior unpaid assessments. This covenants shall mn with and bind the Unit hereby conveyed and all subsequent owners thereof. tF~arcel No. 42-10-0646-064: U8349 PROPERTY ADDRESS: 349 Stonehedge Lane, Mechanicsburg, PA 17055