HomeMy WebLinkAbout08-154111
AMERICAN GENERAL FINANCIAL
SERVICES, INC., t/d/b/a AMERICAN
GENERAL CONSUMER DISCOUNT
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
COMPANY,
Plaintiff, No. 0$- 1541 0'i'i.1 `Term
VS.
MICHAEL L. CROSSON and JUDITH E. CIVIL ACTION -- LAW
CROSSON, Action in Mortgage Foreclosure
Defendants. Mortgage Book 1986, page 3988 et seq.
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this
Complaint is served, by entering a written appearance either personally or by attorney and
filing in writing with the Court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so, the case may proceed without you, and a
judgment may be entered against you by the Court without further notice, for any money
claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You
may lose money, property, and/or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW, TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF
YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY. THIS
PLEADING IS NOT, AND SHOULD NO BE CONSTRUED AS, AN ATTEMPT TO
COLLECT A DEBT, BUT RATHER AS A PROCEEDING TO ENFORCE A VALID
LIEN AGAINST PROPERTY, WHICH LIEN SURVIVES BANKRUPTCY
DISCHARGE.
33566.1
AMERICAN GENERAL FINANCIAL
SERVICES, INC., t/d/b/a AMERICAN
GENERAL CONSUMER DISCOUNT
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
COMPANY,
Plaintiff, No.
VS.
MICHAEL L. CROSSON and JUDITH E. CIVIL ACTION -- LAW
CROSSON, Action in Mortgage Foreclosure
Defendants. Mortgage Book 1986, page 3988 et seq.
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandadas
expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir del la fecha
del la demandada y la notificacion. Hace falta ascentar una comparencia escrita o en persona o
con un abogado y entrgar a la corte en forma escrita sus defensas o sus objeciones a las
demandadas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara
medidas y puede decidir a favor del demandante y requiere que usted compla con todas las
provisiones de esta demandada. Usted puede perder dinero o sus propiedades u otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS PLEADING
IS NOT, AND SHOULD NO BE CONSTRUED AS, AN ATTEMPT TO COLLECT A
DEBT, BUT RATHER AS A PROCEEDING TO ENFORCE A VALID LIEN AGAINST
PROPERTY, WHICH LIEN SURVIVES BANKRUPTCY DISCHARGE.
33566.1
AUSTIN, BOLAND, CONNOR & GIORGI
By Clemson N. Page, Jr., Esquire
Attorney ID 25616 Attorney for Plaintiff
44 North Sixth Street File No. L07999-0102
P.O. Box 8521
Reading, PA 19603
[610] 374-8211 AGFS Account No. 18314311
Fax [610] 372-2361
E-mail: cnpage@abcglaw.com
AMERICAN GENERAL FINANCIAL
SERVICES, INC., t/d/b/a AMERICAN
GENERAL CONSUMER DISCOUNT
COMPANY,
Plaintiff, :
VS.
MICHAEL L. CROSSON and JUDITH E.
CROSSON,
Defendants.
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 0 f- /5q I Ccv?:l -c,
CIVIL ACTION -- LAW
Action in Mortgage Foreclosure
Mortgage Book 1986, page 3988 et seq.
THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO
THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601
The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any
information obtained will be used for that purpose. The amount of the debt is stated in the
Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Defendant(s), within
thirty (30) days after receipt of this notice, dispute(s) the validity of the aforesaid debt or any
portion thereof owing to the Plaintiff, the undersigned attorney will assume said debt is valid.
If the Defendant(s) notify/ies the undersigned attorney in writing within the said thirty (30)-day
period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney will
obtain written verification of the debt from the Plaintiff and mail the same to the Defendant(s).
Upon written request by the Defendant(s) to the undersigned attorney within said thirty (30)-
the name and address
day period, the undersigned attorney will provide the De ndant( fr?
of the original creditor, if different from the Plaintiff. ? I
, Esquire
for
33566.1
O
AUSTIN, BOLAND, CONNOR & GIORGI
By Clemson N. Page, Jr., Esquire
Attorney ID 25616 Attorney for Plaintiff
44 North Sixth Street File No. L07999-0102
P.O. Box 8521
Reading, PA 19603
[610] 374-8211 AGFS Account No. 18314311
Fax [610] 372-2361
E-mail: cnpage@abcglaw.com
AMERICAN GENERAL FINANCIAL IN THE COURT OF COMMON PLEAS,
SERVICES, INC., t/d/b/a AMERICAN CUMBERLAND COUNTY,
GENERAL CONSUMER DISCOUNT PENNSYLVANIA
COMPANY,
Plaintiff, No. Df- ISyl
VS.
MICHAEL L. CROSSON and JUDITH E. CIVIL ACTION -- LAW
CROSSON, Action in Mortgage Foreclosure
Defendants. Mortgage Book 1986, page 3988 et seq.
COMPLAINT
PLAINTIFF, American General Financial Services, Inc., by and through its
undersigned attorneys, respectfully represents that:
1. Plaintiff, American General Financial Services, Inc., is a financing
company which trades and does business as American General Consumer
Discount Company from a branch office at 3809 Paxton Street, Suite 3,
Harrisburg, Dauphin County, Pennsylvania 17111.
2. Defendants are Michael L. Crosson and Judith E. Crosson, adult
individuals, husband and wife, residing at 121 Reeser Road, Camp Hill (Hampden
Township), Cumberland County, Pennsylvania 17011 (the "Mortgaged
Premises").
33566.1
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4
4
3. Defendants hold fee simple title to the Mortgaged Premises by virtue of
a deed dated March 15, 1999 and recorded March 17, 1999 at Deed Book Volume
119, page 837 et seq., Cumberland County Records.
4. A narrative legal description of the Mortgaged Premises is attached
hereto, marked Exhibit A and incorporated by reference.
5. On March 26, 2007, in consideration of a credit accommodation in the
form of a $139,827.38 home equity loan, the Defendants executed and delivered to
the Plaintiff (a) an American General Loan Agreement and Disclosure Statement
in the original principal amount stated above, payable in monthly installments of
principal and interest to vary as stated and disclosed therein (the "Note"), and (b),
as collateral security for repayment of all sums borrowed pursuant to the Note, a
mortgage dated March 26, 2007 and recorded March 29, 2007 at Mortgage Book
Volume 1986, page 3988 et seq., Cumberland County Records (the "Mortgage").
6. True and correct copies of the Note and the Mortgage are attached
hereto, collectively marked Exhibit B, and incorporated by reference.
7. The Plaintiff is the owner and holder of the Mortgage and the Note,
having subsequently assigned the same to no other party.
8. The Defendants are in default of their obligations to the Plaintiff as
owner and holder of the Mortgage and the Note by reason of failure to pay
installments of principal and interest when due, from July 30, 2007 through the
date of this Complaint.
9. The following amounts are therefore due and owing on the Note and the
Mortgage, as of February 27, 2008:
Principal Debt: ....................... $147,045.30
Accrued Interest through 02/27/2008 ....... 11,089.20
Late Charges ........................... 1,007.16
33566.1 -2-
NSF Check Charges ........................ 20.00
Reasonable Attorney Fees (5%)* ........... 7,352.26
TOTAL AMOUNT DUE ........ $1663513.92
*(NOTE that the indicated sum (5.00% of the principal debt) reflects
a maximum amount that the Plaintiff may claim for its attorney fees in
the event of a third-party execution sale only, based upon provisions
in both the Mortgage and the Note for payment of "reasonable"
attorney fees by the Defendant in the event of default and collection
activity. If the Defendant reinstates the account, attorney fees will be
based upon work actually performed by Plaintiff's counsel.)
10. In addition, interest at the rate of $48.75 per day on the unpaid
principal balance will continue to accrue from February 28, 2008 until this matter
is concluded, either by settlement or by litigation to judgment and sheriff's
execution sale. Any payments which are allowable under the Mortgage or the
Note and necessary to protect the Plaintiff's interest in the Mortgaged Premises,
including without limitation real estate taxes due or to become due, fire or
homeowners' insurance premiums, or any other reasonable costs necessary to
protect the Mortgaged Premises from waste or vandalism, shall also become due
and owing from the Defendant to the Plaintiff as and when expended by the
Plaintiff.
11. The Plaintiff has given notice to the Defendants of its intention to
initiate these proceedings, by first-class mail and certified mail, first-class postage
prepaid, as follows:
Pursuant to the provisions of Act 91 of the Pennsylvania General
Assembly dated December 23, 1983, ("The Emergency Mortgage Relief
Act,") and the Act of March 14, 1978 (P.L. 11, No. 6)("Act 6"), a notice in
the combined form prescribed by Title 12, Chapter 31 of the Pennsylvania
Code (the "Pre-Foreclosure Notice") was mailed by regular first-class mail
33566.1
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and by certified mail, return receipt requested, to the Defendants at the
Mortgaged Premises under date of October 24, 2007. A true and correct
copy of the Pre-Foreclosure Notice, with copies of mailing receipts, is
attached hereto, marked Exhibit C and incorporated by reference. The
Defendant has not responded to the Pre-Foreclosure Notice.
WHEREFORE, the Plaintiff prays for the entry of judgment, in rem only, in
favor of the Plaintiff and against the Defendants, jointly and severally, in the sum
of $166,513.92, together with interest at the daily rate of $48.75 from February
289 2008, and costs of suit as they appear of record, any taxes, assessments and
other similar charges, and for foreclosure and sale of the Mortgaged Premises as
defined above.
Dated: March 5, 2008.
AUSTIN, BOLAZ41), CONNOR & GIORGI
By.
Clemson age, ., Esquire
for Plain iff.
33566.1 -4-
Exhibit A
March 5, 2008
(1 page)
ALL THAT CERTAIN lot, piece or parcel of land, situate in Hampden Township,
Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the Eastern side of a forty (40) foot street known as
Reeser Road where the Northern line of premises now or formerly of Fred W. Schmiedel
and Margaret E. Schmiedel, husband and wife, intersects with the Western line of the
premises now or formerly of F. Lester Hale and Lulu M. Hale, husband and wife; thence
along the Eastern side of Reeser Road, North 17 degrees 30 minutes West 146.59 feet to a
point at the line of other premises now or formerly of F. Lester Hale and Lulu M. Hale,
husband and wife; thence along the said last mentioned property line North 89 degrees 45
minutes East 174.87 feet to a point at the Western line of premises now or formerly of
Harry C. Diffenderfer and M. Jane Diffenderfer, husband and wife; thence along said last
mentioned property line, South 00 degrees 15 minutes East 140.00 feet to a point at the
Northern line of premises now or formerly of Fred W. Schmiedel and Margaret E.
Schmiedel, husband and wife; and thence along said last mentioned property line South 89
degrees 45 minutes West 131.4 feet to a point, the place of BEGINNING.
HAVING THEREON ERECTED a single dwelling house being known and
numbered as 121 Reeser Road, Camp Hill, Pennsylvania.
TAX PARCEL No. 10-21-0277/014.
TO BE SOLD AS the property of Michael L. Crosson and Judith E. Crosson,
husband and wife.
33575.1
Exhibit B
March 5, 2008
(13 pages)
LOAN AGREEMENT AND DISCLOSURE STATEMENT AMERICAN
GENERAL
FINANCIAL SERVICES
DATE 03/26/07 ACCOUNT NUMBER 18314311 TYPE OF LOAN (Alpha) F05
LENDER/SECURED PARTY NAME AND ADDRESS ("Lender") LENDER'S TELEPHONE NUMBER 717-564-7467
AMERICAN GENERAL CONSUMER DISCOUNT COMPANY
3809 PAXTON ST STE 3
HARRISBURG, PA 17111-1461
BORROWER(S) NAME AND ADDRESS (111","We")
MICHAEL L CROSSON
JUDITH E CROSSON
121 REESER RD
CAMP HILL, PA 17011
1 will read this entire Loan Agreement and Disclosure Statement ("Agreement') and all related documents carefully. If I have
any questions, I will ask them before I sign any of these documents. By signing, I am indicating my agreement to the
statements, promises, terms, and conditions contained in the documents I sign.
TRUTH IN LENDING DISCLOSURES
ANNUAL PERCENTAGE RATE FINANCE CHARGJE
ANCED TOTAL OF PAYMENTS
The cost of t
my credit as a yearly rate. The dollar amount the t re
credit will cost me.
The P? mThe ade a rrt I wilt have pakf after I have
12.01 % paymeras as scheduled.
S 378147.87.38 $ 517975.20
My Payment Schedule will be:
?
If any $ payment is not paid in full within days after its due date, I will be charged $ if the entire scheduled payment
if the entire scheduled Payment is $ or less.
PREPAYMENT: If I pay off early:
?X I may ? I will not have to pay a Penalty or minimum charge.
? I May ?X 1 will not get a refund or credit of Pan of the finance charge.
SECURITY: I am giving Lendera security interest in:
Real estate located at: 121 REESER RD
CAMP HILL, PA 17011
? Yeer Make Model Vahble Ide'diacatlon No.
Motor
Vehicles
? Other Assets Description
Other
Assets
? Household items described on the Personal Properly Appraisal Form, which I have signed and which has been delivered to me with this Agreement.
ASSUMPTION: Someone buying my home, if it secures this loan, may not assume the remainder of this loan on the original terms unless approved by Lender.
X? My loan contains a variable-rate feature. Disclosures about the variable rata feature have been provided to me earlier.
See the remainder of this Agreement for any additional Information about nonpayment, default, any required repayment in full before the scheduled date, and
Prepayment refunds and penalties, if any.
THIS AGREEMENT IS SUBJECT TO THE FEDERAL ARBITRATION ACT.
By signing below, I acknowledge receipt of a copy of this Federal Disclosure Statement.
SEE REVERSE SIDE F ADDITIONAL DISCLOSURES.
UNAAat (Ot-15-06) Agreemani (1-2) Page 1
LATE CHARGE: ?X If any payment is not paid in full within -.U days after Its due date, I will be charged $ ?- OD_% of the ?ypPgyd amount of the
N/A or less than $ 2O _ nO .
ITEMIZATION OF AMOUNT FINANCED
Amounts paid to others on my behalf
1. $ NONE PAID TO
2. $ NONE PAID TO
3. $ NONE PAID TO
4. $ NONE PAID TO
5. $ NONE PAID TO
6. $ NONE PAID TO
7. $ NONE PAID TO
8. $ 265.00 Appraisal Fee PAID TO NATIONAL REAL ESTATE
9. $ NONE PAID TO
10. $ NONE PAID TO
11. $ NONE PAID TO
12. $ NONE PAID TO
13. $ 984.38 Title Insurance Fee PAID TO NATIONAL REAL ESTATE
14. $ NONE PAID TO
15. $ NONE PAID TO
16.$ 78.00 Recording/Releasing Fees RE PAID TO GOVERNMENT AGENCY
17. $ NONE PAID TO
18. $ NONE PAID TO
19. $ NONE PAID TO
20. $ NONE PAID TO
21. $ 21800.00 PAID TO MICHAEL L & JUDITH E CROSSON & INTERNAL RV
22. $ 4265.13 PAID TO MICHEAL L & JUDITH E CROSSON & TAR CLAIM
23. $ 112434.87 PAID TO MICHALE L & JUDITH E CROSSON & AMER GENER
24. $ PAID TO
25. $ PAID TO
26. $ PAID TO
27. $ PAID TO
28. $ PAID TO
29. $, PAID TO
30. $ PAID TO
31. $ PAID TO
32. $ PAID TO
33. $ PAID TO
34. $ PAID TO
35. $ PAID TO
36. $ PAID TO
37. $ PAID TO
38. $ PAID TO
39. $ PAID TO
40. $ PAID TO
41. $ PAID TO
42. $ PAID TO
43. $ PAID TO
44. $ PAID TO
45. $ PAID TO
Amount Paid on Prior Account with tender
46. $ NONE
Amounts Paid to me
47. $ PAID TO
48. $ PAID TO
49. $ PAID TO
50. $ PAID TO
51. $ PAID TO
52. $ PAID TO
53. $ PAID TO
54. $ PAID TO
55. $ PAID TO
56. $ PAID TO
$ 139827.38 Amount Financed (Sum of lines 1 - 56)
$ 7049.00 Prepaid Finance Charges (itemized below)
PREPAID FINANCE CHARGES
1.$ 6990.00 Loan Origination Fee PAID TO LENDER
2. $ NONE PAID TO
3. $ NONE PAID TO
4. $ NONE PAID TO
5. $ NONE PAID TO
6. $ NONE PAID TO
7. $ NONE PAID TO
8. $ NONE PAID TO
9. $ NONE PAID TO
10. $ NONE PAID TO
11. $ NONE PAID TO
12. $ NONE PAID TO
13. $ NONE PAID TO
14. $ NONE PAID TO
15. $ 59.00 Tax Service Fee PAIDTO ZC Sterling
SEE NEXT PAGE FOR IMPORTANT INFORMATION
UNAA92 (01-15467 Agreement (1-2) Page 2 Initials
ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL
DESCRIPTION OF ARBITRATION. Arbitration is a method of resolving claims and disputes between parties without having to file a lawsuit
in court. it is a process in which both sides present their case to a neutral third person-the arbitrator-instead of a judge or jury, to resolve
the dispute. TO THE FULLEST EXTENT PERMITTED BY LAW, BY SIGNING THIS AGREEMENT, BOTH LENDER AND I ARE
VOLUNTARILY WAIVING ANY RIGHT TO A JURY TRIAL OR JUDGE TRIAL OF ALL CLAIMS AND DISPUTES COVERED BY THIS
ARBITRATION AGREEMENT ("this Arbitration Agreement"),
CLAIMS AND DISPUTES COVERED. Except for those claims mentioned below under the heading "MATTERS NOT COVERED BY
ARBITRATION," Lender and I agree that either party may elect to resolve by BINDING ARBITRATION all claims and disputes between us
("Covered Claims"). This includes, but is not limited to, all claims and disputes arising out of, in connection with, or relating to:
My loan from Lender today; any previous loan from Lender and any previous retail credit agreement ("Retail
Contract") whether open or closed-end, assigned to Lender, all documents, promotions, advertising, actions, or
omissions relating to this or any previous loan or Retail Contract made by or assigned to Lender, any insurance
product, service contract, or warranty purchased in connection with this or any previous loan or Retail Contract
made by or assigned to Lender, any product or service offered to Lender's customers with any assistance or
involvement by Lender; whether the claim or dispute must be arbitrated; the validity and enforceability of this
Arbitration Agreement and the Agreement, my understanding of them, or any defenses as to the validity and
enforceability of the Agreement and this Arbitration Agreement; any negotiations between Lender and me; the
closing, servicing, collecting, or enforcement of any transaction covered by this Agreement; any allegation of fraud
or misrepresentation: any claim based on or arising under any federal, state, or local law, statute, regulation,
ordinance, or rule; any claim based on state or federal property laws; any claim based on the improper disclosure of
any information protected under state or federal consumer privacy laws; any claim or dispute based on any alleged
tort (wrong), including intentional torts; and any claim for injunctive, declaratory, or equitable relief.
COVERED CLAIMS AGAINST THIRD PARTIES. This Arbitration Agreement also covers any claim or dispute between me and any of
Lenders :7 : officers, agents, or directors; any of its affiliate corporations; any entities which provided insurance in connection with
this or any previous transactions between me and Lender, any third parties that assigned Retail Contracts or other agreements to Lender;
and any of the employees, officers, agents, or directors of such affiliates or third parties. Affiliate corporations are Lender's parent
corporations, subsidiary corporations, and sister corporations. Some of Lender's affiliates are American General Finance Corporation,
American General Financial Services, Inc., Merit Life Insurance Co., and Yosemite Insurance Company. In addition, if Lender becomes a
party in any lawsuit that I have with any third party, whether through intervention by Lender or by motion made by me or any third party, all
claims in that lawsuit between me and the third party will be subject to binding arbitration under this Agreement, provided that the third party
is required to agree to resolve such claims by arbitration.
MATTERS NOT COVERED BY ARBITRATION. I agree that Lender does not have to initiate arbitration before exercising lawful self-help
remedies or judicial
e rmedies o gamis ment, repossession, replevin, or foreclosure, but instead may proceed in court for those judicial
remedies (an "Excluded Collateral Lawsuit"). I may assert in court any defenses I may have to Lender's claims in such a lawsuit, but any
claim or counter claim for rescission or damages I may have arising out of, relating to, or in connection with Lenders exercise of those
remedies must be arbitrated. Instead of pursuing arbitration, either Lender or I also have the option to bring a lawsuit in court to seek to
recover an amount which does not exceed the total sum of $5,000.00 (including costs and attomeys' fees), provided that no relief other than
such recovery is requested in such lawsuit (an "Excluded Damages Lawsuit"). If an Excluded Damages Lawsuit is filed, the other party
cannot require that the claims in that lawsuit be arbitrated. An Excluded Damages Lawsuit can be brought to recover money for myself or
Lender only, not for any class or group of persons having similar claims. If such an Excluded Damages Lawsuit is filed by me or Lender, and
any party to that lawsuit files an amendment, counterclaim, cross-claim, or third-party claim seeking to recover more than $5,000, then that
claim, counterclaim, cross-claim, or third party claim must be arbitrated in accordance with the procedures set forth in this Arbitration
Agreement. Neither I nor Lender shall be deemed to have waived any arbitration rights by the fact of having exercised any self-help or
judicial remedies of garnishment, repossession, replevin, or foreclosure or by having filed any claims in court seeking to recover a total sum
of $5,000.00 or less.
ARBITRATION RULES AND PROCEDURES.
A. ARBITRATION FORUM AND RULES. The arbitration will be conducted under the rules and procedures of the National Arbitration
Forum ("NAF") that are in effect at the time arbitration is started and under the rules set forth in this Arbitration Agreement. At my request,
Lender will provide me a copy of the NAF Rules. If I lose my copy, Lender will give me another one if I ask for it. I may also obtain a copy
of those rules by calling NAF at 1-800-474-2371 or by reviewing NAF's web-site at www.arb-forum.com. In the event that NAF is either
unable, unwilling, or deemed not appropriate by a court to resolve a Covered Claim, or I object to the NAF for good cause, then Lender and I
agree to submit all disputes to the American Arbitration Association ("AAA") for proceedings conducted pursuant to the AAA's Commercial
Rules and Expedited Procedures. If there is a conflict between the rules of the NAF (or the AAA) and this Arbitration Agreement, this
Arbitration Agreement will govern.
B. SELECTION OF ARBITRATOR. NAF maintains lists of approved arbitrators. NAF wiil provide Lender and me each a list of seven (7)
possible arbitrators. Lender and I will each have an opportunity to strike three (3) persons from that list. I will make the first strike, and
Lender and I will alternate in making strikes after that. After the last strike, the remaining person shall then serve as arbitrator.
C. STARTING ARBITRATION. Before I start arbitration, I agree to write to Lender at the address shown for Lender in this Agreement,
unless I have received notice of a new address for Lender, and I agree to give Lender a reasonable opportunity to respond and resolve any
errors. In my letter, I will give the following information: my name and account number, a description of my claim or dispute and why I
believe Lender has made an error, the dollar amount of my claim or dispute, and a description of any other information I need from Lender.
Before Lender starts an arbitration, it must write to me at my billing address; describe its claim or dispute; state the dollar amount of its
claim or dispute; and give me a reasonable opportunity to resolve the claim or dispute. If a Covered Claim cannot be resolved in the
foregoing manner, either Lender or I can start arbitration. Except as described in Paragraph E below, nothing in this Arbitration Agreement
shall limit the arbitrator's ability to enforce any of my rights or impose any remedies available to me under any applicable consumer
protection laws or regulations. To start an arbitration, Lender and I agree to follow the rules of the NAF (or, if applicable, the rules of the
AAA).
D. COSTS OF ARBITRATION. The NAF and AAA charge certain fees in connection with arbitration proceedings they conduct. I may
have to bear some of these fees; however, if I am not able to pay such fees or think they are too high, Lender will consider any reasonable
request to bear the cost. Lender will also bear any costs Lender is required to bear by law or the terms of any other agreement with me.
Each party will also pay for its own costs, including fees for attorneys, experts, and witnesses, unless otherwise provided by law or by the
terms of any other agreement between the parties, to the extent permitted by applicable law.
E. CONDUCT OF PROCEEDINGS. In conducting the arbitration proceedings, the arbitrator shall be bound by the Federal Rules of
Evidence: however, the federal or any state rules of procedure or discovery shall not bind the arbitrator. The arbitrator's findings, reasoning,
decision, and award shall be set forth in writing and shall be based upon and be consistent with the law of the jurisdiction that applies to the
loan or other agreement between Lender and me. The arbitrator must abide by all applicable laws protecting the attomey-client privilege, the
attorney work product doctrine, or any other applicable privileges.
SEE REVERSE SIDE FOR ADDITIONAL ARBITRATION TERMS
UNBA31 (1-16-05) Agreement (34)
Pop 3 Initials 11116??
ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL (con'd)
F. ENFORCEMENT AND APPEAL OF DECISION. The decision and judgment of the arbitrator shall be final, binding, and enforceable in
any court having jurisdiction over the parties and the dispute; however, for Covered Claims involving more than $100,000, any party may
appeal the award, at its own cost, except as provided by law, to a three-arbitrator panel appointed by the NAF or AAA, as the case may be.
That panel will reconsider from the start any aspect of the initial award that either party asserts was incorrectly decided. The decision of the
panel shall be by majority vote and shall be final and binding, except as provided below. The arbitrator's (or panel's) findings, decision, and
award shall be subject to judicial review on the grounds set forth in 9 U.S.C. § 10, as well as on the grounds that the findings, decision, and
award are manifestly inconsistent with the terms of this Arbitration Agreement and any applicable laws or rules.
G. LIMITATION OF PROCEEDINGS. Lender and I further agree that the arbitrator will be restricted to resolving only the claims,
disputes, or controversies between Lender and me and the other parties covered by this particular Agreement (and not by similar
agreements). Arbitration is not available and shall not be conducted on a class-wide basis or consolidated with other claims or demands of
other persons. I agree not to participate in a representative capacity or as a member of any class of claimants pertaining to any Covered
Claim.
H. LIMITATION OF ARBITRATOR'S AUTHORITY: The arbitrator may award punitive damages only under circumstances where a court
of competent jurisdiction could award such damages. In awarding any punitive damages, the arbitrator must abide by all applicable state
and federal laws regarding the amount of such damages, and the arbitrator must state the precise amount of the punitive damages award.
The arbitrator must also conduct a post-award review of any punitive damages, allowing the parties the same procedural rights and using
the same standards and guidelines that would apply in a judicial proceeding in the state where the arbitration is conducted. The arbitrator
may award injunctive relief that would benefit either Lender or me in connection with resolving a Covered Claim between Lender and me, but
the arbitrator may not award injunctive relief for the benefit of other persons or groups of persons who are not named parties to the
arbitration proceeding.
1. LOCATION OF THE ARBITRATION. The arbitration will take place in the county where I live unless Lender and I agree to another
location. If Lender and I agree, all or a portion of the arbitration proceedings can be conducted by telephone conference.
J. ENFORCEMENT IN COURT. Nothing in this Arbitration Agreement shall prevent either Lender or me from enforcing all rights under
this Arbitration Agreement if a Covered Claim is filed in court.
K. FORUM SELECTION CLAUSE. If either Lender or I need to file a lawsuit to enforce this Arbitration Agreement or to pursue claims
that either may or may not be arbitratable under this Arbitration Agreement, the exclusive venue for that suit will be a state court located in
the county where Lender's office is located or where I sign this Agreement, or in the federal court covering that county, unless the governing
law requires suit to be filed in another location. Nothing in this paragraph shall prevent either Lender or me from enforcing its or my rights
under this Arbitration Agreement if the Covered Claim is filed in court.
ADDITIONAL INFORMATION. I may obtain additional information about arbitration by contacting the National Arbitration Forum, Inc., at
P.O. Box 50191, Minneapolis, Minnesota 55405. (800-474-2371 (Telephone)). (651-631-0802 (Fax)). www.arb-forum.com (e-mail).
OTHER IMPORTANT AGREEMENTS. Lender and I agree:
(a) This Arbitration Agreement does not affect any statute of limitations or claims of privilege recognized at law.
(b) The loan and insurance transactions between Lender and me and other applicable parties are transactions involving interstate
commerce, using funds and other resources from outside the state.
(c) The Federal Arbitration Act applies to and governs this Agreement. State arbitration laws and procedures shall not apply to this
Agreement.
(d) This Agreement applies to and runs to the benefit of Lender's and my assigns, successors, executors, heirs, and/or representatives.
(e) If any term of this Arbitration Agreement is unenforceable, the remaining terms are severable and enforceable to the fullest extent
permitted by law.
(f ) This Arbitration Agreement supersedes any prior arbitration agreement that may exist between Lender and me and can only be modified
in writing signed by the parties.
(g) This Arbitration Agreement applies even if my loan has been cancelled, changed, modified, refinanced, paid in full, charged off, or
discharged or modified in bankruptcy.
I AGREE TO READ THIS ARBITRATION AGREEMENT CAREFULLY, BECAUSE IT LIMITS CERTAIN OF MY RIGHTS, TO THE
EXTENT PERMITTED BY LAW, INCLUDING MY RIGHTS TO BRING A COURT ACTION, TO HAVE A TRIAL BY JURY, AND TO
PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT 1 HAVE
READ AND RECEIVED A COPY OF THIS ARBITRATION AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
SEE FOLLOWING PAGE FOR ADDITIONAL INFORMATION
UN60.32 (1.16.05)AgreemeM (34) Pega4 Initials Fn/yt- L?7-
DATE OF LOAN. 03 /30 /07 (the date the Finance Charge is scheduled to begin to accrue).
CONTRACT RATE. 1 6 % per year, which is the agreed interest rate. If the "Adjustable Rate Loan" box is checked below,
this rate is subject to change as set forth therein.
PROMISE TO PAY. For value received, I promise to pay to the order of the Lender all amounts due under this Agreement in accordance
with the Payment Schedule set forth in the Truth in Lending Disclosure on page 1 of this Agreement, and with all other terms of this
Agreement. If the "Adjustable Rate Loan" box is checked below, the payment amounts set forth in the Payment Schedule may change as
set forth in this Agreement.
?X ADJUSTABLE RATE LOAN If this box is checked, I agree that the agreed interest rate I will pay may change on the Due Date of my
4th payment and on that same date every twelve C12) months thereafter ("the Change Date"). If there is no corresponding
date in any given month, the Change Date will be the last day of the month. (For example, if my rate can change quarterly and my Change
Date is January 31, my next Change Date will be April 30.) My interest rate will be based on an index. The index is the highest Prime Rate
published in The Wall Street Journal's "Money Rates" table. If this index should no longer be available, Lender will choose a comparable
replacement index and will inform me of the new index.
Prior to each Change Date, Lender will calculate the new agreed interest rate by taking the index as of 60 days prior to the Change Date
and adding a margin of . 11 percentage points. Lender will round the resulting figure down to the next lowest one-hundredth of one
percent. Lender will then determine the new monthly payment amount necessary to repay my loan in full on the due date for the final
payment.
My interest rate will never increase or decrease on any single Change Date by more than 2.00 percentage points from the
agreed rate of interest in effect immediately preceding the Change Date.. Any rate change not implemented as a result of this limitation
may be carried over to the next Change Date. My interest rate will never increase by more than eight percentage points (for first mortgage
loans) or ten percentage points (for subordinate mortgage loans) over the initial Prime Rate, and in no event will ever be greater than
16.25 Wand will never be less than 5,00%.
The new agreed interest rate will be effective as of the Change Date. The new monthly payment will be effective as of the next regularly
scheduled due date subsequent to the Change Date. Lender will send me notice of all rate and payment changes as required by law.
SECURITY AGREEMENT If any type of personal property (property other than real estate ("real property")) is disclosed in the "Security"
section of the Truth in Lending Disclosures, to secure all amounts due or which become due under this Agreement and my performance of
all other terms of this Agreement, I grant Lender a security interest under the Uniform Commercial Code or other applicable law in: (1) the
property identified in the "Security" disclosure of the Truth in Lending Disclosures on page, I of this Agreement; (2) any substitutions or
replacements of that property; and (3) the proceeds and products of that property (collectively referred to as the "Collateral"). I also grant
Lender a security interest in any unearned premiums from any insurance I have elected and purchased through Lender in connection with
this transaction which protects the loan account or Collateral (including, but not limited to, voluntary credit and personal property
insurance). Lender's security interest shall remain in effect until I have paid in full all amounts due under this Agreement and any
modifications, renewals, and extensions thereof. Notwithstanding any other provision of this Agreement, Lender is not granted, and will not
have, a nonpurchase money security interest in household goods, to the extent such a security interest would be prohibited by applicable
law. I authorize Lender to sign and file financing statements covering the Collateral without my signature. I authorize Lender to file a copy
of this Agreement as a financing statement when appropriate. If real property is disclosed in the "Security" section of the Truth in Lending
Disclosures, I am signing a mortgage or deed of trust covering the real property at the same time that I am signing this Agreement.
JOINT BORROWERS. If more than one Borrower is named above, all Borrowers agree that they are jointly and severally liable and that
Lender may enforce this Agreement against all or any of them, but not in a combined amount exceeding the amount due.
CO-MAKERS falso referred to as COSIGNER(S)) If I am signing this Agreement as a Co-Maker, I understand that I am equally
responsible with the Borrower(s). I agree that Lender may pursue me or any Maker if this Agreement is in default. Unless required by law,
Lender will not notify me it. (a) this loan is in default; (b) Lender agrees to accept different payment terms; (c) Lender releases any security
interest; or (d) Lender releases any Borrower(s) or Maker(s).
CREDIT INFORMATION I authorize Lender to investigate my creditworthiness, including to obtain my credit report at anytime, as
permitted by law.
REQUIRM PRQPFRTY INS IRANCF I agree to insure any automobiles, all terrain vehicles, snowmobiles, watercraft, other titled
vehicles, large equipment, and dwellings and other structures attached to real property ("Property"), in which I have granted Lender an
interest to secure my loan, against all risks of physical damage, including loss by fire and other hazards, for the term of the loan, in
amounts and with deductibles approved by Lender ("Required Insurance"). Required Insurance must: (1) be issued by an insurer and have
terms and conditions satisfactory to Lender, (2) name Lender as loss payee or mortgagee; (3) not permit the addition of any other loss
payee or mortgagee to the insurance policy unless Lender consents in writing; (4) provide that such insurance will not be canceled or
modified without at least 15 days prior written notice to the loss payee or mortgagee; and (5) not include any disclaimer of the insurer's
liability for failure to give such notice. I may purchase Required Insurance from whomever is acceptable to Lender or provide existing
coverage through any insurance company or agent of my choice that is acceptable to Lender. Lender does not sell Required Insurance. I
agree to provide to Lender satisfactory proof of Required Insurance. I agree to keep Requir nsurance In roe until a amounts I owe
Lender under this Agreement are paid in full. In the event of damage to or loss of the Property, I agree to give prompt notice to Lender and
the insurance carrier. If I fail to promptly notify or make proof of loss to the insurance carrier, Lender may, but is not required to, do so on
my behalf. I agree Lender may use any insurance proceeds to reduce any amounts I owe under this Agreement. To the extent permitted
by law, I authorize Lender to adjust my losses and sign my name to any check, draft, or other papers necessary to obtain such insurance
payments. If insurance proceeds paid to Lender do not pay off all amounts I owe Lender under this Agreement, I remain responsible for
payment of the balance of any amounts due under this Agreement.
LENDER PLACED INSURANCE. If at'any time I fail to buy or keep in force Required Insurance, Lender may, but is not required to,
purchase Required Insurance at my expense to protect Lender's interest in the Property. I agree that Required Insurance may, but to the
extent permitted by law, need not, protect my interests. The coverage purchased by Lender may not pay any claim I make. I agree that
the cost of Required Insurance purchased by Lender may be much more than the cost of Required Insurance I could have obtained on my
own, and I agree that the cost of such Required Insurance may, to the extent permitted by law, be added to my loan balance and accrue
interest at the Contract Rate. I authorize Lender to release to third parties any information necessary to monitor the status of Required
Insurance on my Property and to purchase Required Insurance required by this Agreement.
VOLUNTARY CREDIT INSURANCE. Lender's affiliate may provide the credit insurance that I voluntarily select. Lender and/or its
affiliates expect to profit from my purchase of voluntary credit and personal property insurance, and I consent to this.
ASSIGNMENT OF UNEARNED INSURANCE PREMIUMS AND POLICY PROCEEDS. 1, where authorized by law, hereby assign to
Lender any moneys, not in excess of the unpaid balance of indebtedness which this instrument secures, which may become payable under
any insurance I have elected and purchased through Lender in connection with this transaction which protects the loan account or
Collateral (including, but not limited to, voluntary credit and personal property insurance), including return of unearned premiums, and
direct any insurance company to make payment directly to Lender to be applied to said unpaid indebtedness and 1 hereby appoint Lender
as my attorney-in-fact to endorse any draft, check or other papers necessary to obtain such insurance payments.
CORRECTION- RELEASE. During the term of this Agreement, I agree to cooperate with Lender to: (a) correct any clerical errors that
were made in connection with loan documents; (b) obtain the correct amounts due to others; and (c) release all liens upon payment in full.
Lender may consider any breach of this requirement as an event of default of-this Agreement.
CANCELLATION. Prior to the distribution of loan proceeds, Lender may withdraw its approval of or commitment to make this loan if
Lender reasonably believes that: (a) there are material omissions or misrepresentations in connection with my credit application; (b) there
is a material, adverse change in my creditworthiness; (c) there are additional liens on the right, title, or interest of any Collateral to be used
for this loan; or (d) a sale or transfer of any right, title, or interest in any Collateral to be used for this loan has or will occur that is not
agreed to by the Lender.
SEVERABILITY. The fact that any provision of this Agreement may prove invalid or unenforceable under any law, rule, or regulation of
any federal, state, or local court or governmental entity shall not affect the validity or enforceability of the remaining provisions of this
Agreement.
NO ASSUMPTION. This Agreement shall not be eligible for assumption by any party without the express written consent of Lend
UNATDt (07-17-05) Agreement (5-6) SEE REVERSE SIDE FOR ADDITIONAL INFORMATION Ind -?L
Page 5
DEFAULT. Except as prohibited by law or as limited by other provisions of this Agreement, I will be in default of this Agreement if any
one of the following occurs:
A. I fail to make any payment under this Agreement when due.
B. I fail to do anything else I have agreed to do in this Agreement.
C. Any statement or representation I made in my credit application is untrue or incorrect.
D. I fail to provide Lender with proof of employment, residence, insurance, or repair to credit history within three (3) business days
after Lender's written request for this information.
E. I die, become incompetent, generally fail to pay my debts as they become due, or become the subject of a voluntary or
involuntary bankruptcy proceeding.
F. Any judgment, levy, attachment, writ of gamishment, or other similar order is entered against me or the Collateral.
G. Any police or governmental agency seizes or impounds the Collateral, if the Collateral consists of personal property, or starts
forfeiture proceedings against the Collateral.
H. If the Collateral consists of personal property, I relocate to another state without giving written notice at least 30 days before
relocating.
1. 1 sell, lease or otherwise encumber or dispose of the Collateral without Lender's written permission.
J. Any other event or circumstance occurs that reasonably causes Lender to deem itself insecure or to believe that Lender's
prospects for payment or realization upon the Collateral are impaired, unless prohibited by state law.
(For Kansas residenu only, Lender believes the preceding events would significantly impair the prospect of payment, performance,
or realization of Collateral. Except for a default resulting from my failure to make any payment as required by this Agreement, the burden
of establishing the prospect of such significant impairment is on the Lender.)
GENERAL REMEDIES. If I am in default on this Agreement, Lender has, subject to any requirements of notice or right to cure or similar
provisions, all of the remedies permitted by law and this Agreement, including:
A. Lender may require me to pay Lender immediately, subject to any rebates required by law, the remaining unpaid balance of the
Amount Financed, finance charges, and all other agreed charges. These amounts will accrue finance charges from the date I
am required to pay Lender at the Contract Rate or lesser rate as required by applicable law, until paid in full.
B. Lender may pay taxes, assessments, or other liens, or make repairs to the Collateral if I have not done so, but Lender is not
required to do so. Upon payment by Lender, these amounts will be due immediately and will accrue finance charges from the
date paid at the Contract Rate until repaid in full to Lender.
C. if the Collateral consists of personal property, Lender may require me to make the Collateral available to Lender at a place
Lender designates that is reasonably convenient to Lender and me.
0. If the Collateral consists of personal property, Lender may immediately immobilize, disable, or take possession of the Collateral
by legal process or self help, but in doing so Lender may not breach the peace or unlawfully enter onto my premises. Lender
may then sell the Collateral and apply what Lender receives, as provided by law, to Lender's actual and reasonable expenses.
E. Except when prohibited by law, I am responsible for any deficiency if the proceeds from the sale of the Collateral do not cover
what I owe Lender, and Lender may sue me for those additional amounts.
F. If the Collateral consists of real property, Lender may begin foreclosure proceedings as described in the mortgage or deed of
trust granting Lender a security interest in the Collateral.
G. Lender has the right, but not the obligation, to cancel or request termination of any voluntary credit or personal property
insurance in the event of default and I hereby appoint Lender as my attomey-in-fact to cancel any such insurance in the event of
default, subject to any applicable restrictions under state law. Return of any unearned premium as a result of such request for
termination or cancellation will be credited to my loan account.
H. Lender may accept late payments or partial payments even though marked "Payment in Full" (or similar language) without
losing any of its rights under this Agreement, to the extent permitted by law.
By choosing any one or more of these remedies, Lender does not waive its right later to elect another remedy. By deciding not to use
any remedy, Lender does not give up its right to consider it an event of default if it happens again. Lender's rights are hereunder
cumulative, not exclusive.
I agree that, if any notice is required to be given to me of an intended sale or transfer of the Collateral if it is personal property, notice
is reasonable if mailed to my last known address, as reflected in Lender's records, at least ten (10) days before the date of the intended
sale or transfer, or such other period of time as is required by law.
I agree that, subject to my right to recover such property, Lender may take possession of personal property left in or on the Collateral
securing this Agreement and taken into possession as provided above.
WAIVER. Unless law or this Agreement provide otherwise, I hereby waive presentment, notice and protest, and all other demands and
notices in connection with the delivery, acceptance, performance, default, or endorsement of this Agreement and all suretyship defenses
generally to the extent permitted by applicable law.
NOTICES. If required by law, Lender will provide me with notices under this Agreement, if mailed, to my last known address as reflected
in Lender's records, including, but not limited to, notices of default, right to cure, and purchase of Required Insurance.
DELAY IN ENFORCEMENT. Lender may delay enforcing any of its rights under this Agreement without losing them.
SAVINGS CLAUSE. All agreements between me and Lender are expressly limited so that any interest, finance charges, loan charges, or
other fees collected or to be collected from me or any person executing this Agreement shall not exceed, in the aggregate, the highest
amount allowed by applicable law. If a law that applies to this Agreement and my loan is finally interpreted so that the interest, finance
charges, loan charges, or other fees collected, or to be collected, in connection with this loan exceed the permitted limits, then: (a) any
such interest, finance charges, loan charges, or other fees shall be reduced to the permitted limit; and (b) any sums already collected
from me that exceeded permitted limits will be refunded. Lender may choose to make this refund by reducing the Principal, as defined
below, that I owe under this Agreement or making a direct payment to me. To the extent permitted by law, my acceptance of any such
refund shall constitute a waiver of any right of action I might have arising out of such overcharge.
The following notice applies if the proceeds of this loan will be applied in whole or substantial part to a purchase of goods
from a seller who either refers consumers to the Lender or who is affiliated with the Lender by common control, contract,
or business arrangement:
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND
DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES
OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED
AMOUNTS PAID BY THE DEBTOR HEREUNDER.
[/We acknowledge that my/our monthly scheduled payments under my/our Agreement with Lender do not include
payments for property taxes (or special assessments), or premiums for insurance covering the property here are no
escrow or impound accounts under mylour Agreement.
I/We agree to make required payment(s) to the appropriate taxing authority and/or insurance provider as they are due.
SEE FOLLOWING PAGE FOR ADDITIONAL INFORMATION Initials
UNATD2 (07-17-M Agreement (5.8) Pepe 8
INTEREST BEARING LOAN I agree to pay Principal, plus.interest ("finance charges") on the daily unpaid Principal balance computed at
the Contract Rate, in the amounts and on or before the dates set forth in the Payment Schedule in the Truth in Lending Disclosures on
page 1 hereof, plus all other fees, charges, and other amounts due under this Agreement, at Lenders address set forth in this Agreement,
unless otherwise notified, until paid in full. If the "Adjustable Rate Loan" box is checked above, the Contract Rate and the monthly
payment amounts may change as set forth therein. If I have not purchased credit insurance or have purchased single premium credit
insurance, all payments will be applied in the following order to: (a) other charges provided for in this Agreement or otherwise allowed by
law, and late charges; (b) interest; and (c) unpaid Principal. If I have purchased credit insurance that is billed on a monthly basis, all
payments will be applied in the following order to: (a) other charges provided for in this Agreement or otherwise allowed by law, and late
charges; (b) any past due credit insurance premiums billed on a monthly basis; (c) any past due loan payment(s); (d) currently due credit
insurance premiums that are billed on a monthly basis; and (e) currently due loan payment. When applying payments to past and
currently due loan payments, monies will be applied first to accrued interest with the remainder, if any, being applied to unpaid Principal.
Because interest on my loan is earned daily, early payments will decrease the amount I owe, and late payments will increase that amount.
The Payment Schedule assumes that I will make each payment on the day it is due; therefore, my final payment will be adjusted as
appropriate to reflect any variation in the actual dates my payments are received by Lender. If any unpaid amounts remain due to Lender
after my final scheduled payment due date, I agree to pay interest on these unpaid amounts, computed at the Contract Rate, until paid in
full.
PRINCIPAL. Principal is the total of the Amount Financed, plus any Prepaid Finance Charges that I have financed.
? BALLOON PAYMENT If checked, my last scheduled payment is larger than my regular scheduled payments ("Balloon
Payment"). I agree that, unless Lender has agreed to refinance my Balloon Payment, I must pay the full amount of my Balloon
Payment from my own resources or by refinancing my loan with another lender on or before the due date of my Balloon Payment.
PREPAYMENT REFUND I may prepay all or any part of my loan at any time, subject to the payment of the penalty (if any) described
below. The Prepaid Finance Charges are deemed by the parties to be fully earned on the Date of Loan and are not refundable, to the
extent permitted by applicable law.
PREPAYMENT PENALTY.
? If checked, there will be no prepayment penalty.
X? If checked, the original Principal exceeds $50,000, and if I prepay _K% or more of the outstanding balance on my loan, Lender may
charge and I agree to pay a prepayment penalty computed as follows: 5% of the outstanding balance of this loan if prepaid during the first
year after the Date of Agreement; 4% of the outstanding balance of this loan if prepaid during the second year after the Date of Agreement;
3% of the outstanding balance of this loan if prepaid during the third year after the Date of Agreement; 2% of the outstanding balance of
this Loan if prepaid during the fourth year after the Date of Agreement; or 1% of the outstanding balance of this loan if prepaid during the
fifth year after the Date of Agreement, unless: (a) this loan is refinanced or consolidated by Lender or its affiliate; (b) this loan is prepaid
with insurance proceeds; (c) this loan is prepaid as a result of lawsuit, foreclosure, or acceleration; (d) Lender disapproves a request for
assumption and exercises its rights under a due on sale clause, and imposition of the prepayment penalty is prohibited by applicable law,
or (e) this loan is prepaid more than jQ months after the Date of Agreement.
? If checked the original Principal exceeds $50,000, this loan has a Balloon Payment, and I may prepay all or part of my loan at any
time; however, if, during the first _ months after the Date of Agreement, I prepay more than _% of the original Principal in any 12
month period, Lender may charge and I agree to pay a prepayment penalty equal to _ months of my regular scheduled payments on
this loan unless: (a) this loan is refinanced or consolidated by Lender or its affiliate; (b) this loan is prepaid with insurance proceeds; (c)
this loan is prepaid as a result of lawsuit, foreclosure, or acceleration; (d) Lender disapproves a request for assumption and exercises its
rights under a due on sale clause, and imposition of the prepayment penalty is prohibited by applicable law, or (e) this loan is prepaid more
than _ months after the Date of Agreement.
LATE CHARGE. I agree to pay any late charge described in the Truth in Lending Disclosures herein.
DISHONORED CHECK CHARGE If my check or other instrument given to Lender is returned unpaid for any reason, I agree to pay a
dishonored check charge of $-29 ok.
DEFAULT COSTS. In the event of default, I agree to pay Lender's (a) court costs, (b) reasonable attorney's fees, and (c) costs to realize
on any security interest, each if and to the extent permitted by applicable law.
GOVERNING LAW. The laws of the Commonwealth of Pennsylvania shall govern this Agreement, except as preempted by federal law
PLEASE SEE IMPORTANT INFORMATION ON REVERSE
PAST41 (01-16-05) Wrtgage Agreement (7..8) Pape 7 Initlals
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties with regard to the subject matter hereof, and no party
hereto has relied upon any representations except such as are specifically set forth herein. This Agreement cannot be modified in any
respect except by an amendment in writing signed by the parties. All notices under this Agreement shall be in writing and directed to the
parties at the addresses shown at the beginning of this Agreement or to such other address as a party may specify by notice given in
accordance with this paragraph.
IF I DEFAULT AND THIS LOAN IS SECURED BY A MORTGAGE ON MY HOME, I MAY LOSE MY HOME.
BY SIGNING BELOW, I SIGNIFY THAT I HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT, INCLUDING THE ARBITRATION AGREEMENT THAT PROVIDES, AMONG OTHER THINGS, THAT EITHER LENDER
OR I MAY REQUIRE THAT CERTAIN DISPUTES BETWEEN US BE SUBMITTED TO BINDING ARBITRATION. IF LENDER OR I
ELECT TO USE ARBITRATION, WE AGREE THAT WE WILL HAVE THEREBY WANED OUR RIGHTS TO TRIAL BY JURY OR
JUDGE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT THE DISPUTE WILL BE DECIDED BY AN
ARBITRATOR, AND THAT THE DECISION OF THE ARBITRATOR WILL BE FINAL ARBITRATION WILL BE CONDUCTED
PURSUANT TO THE RULES OF THE NATIONAL ARBITRATION FORUM, EXCEPT AS OTHERWISE PROVIDED IN THE
ARBITRATION AGREEMENT. UNARBT (8-12-01)
I agree that, on or before the date on page 1 hereof ("the Date of Agreement'), I have received and read a fully completed, legible copy of
this Agreement, the Truth in Lending Insurance Disclosures, the Privacy Notice, the Personal Property Appraisal Form(if applicable), and
two copies Notice of Right to Cancel (i licable) and agree to be bound thereby.
x x L.S.
Witness Borrower MI HAEL L CROSSON
X
Witness
C
)ah
'el AIVII J'f6 6,
L.S.
C rrower ITH E CROSS N
Co-Maker
Print Name:
X
Co-Maker
Print Name:
L.S.
L.S.
AMERICAN
(GENERAL
FINANCIAL SERVICES
ADJUSTABLE RATE RIDER
Account Number. 1"14
l 1
This Adjustable Rate Rider is made on 03/26/p7 and shall be deemed to amend and supplement that Mortgage
of even date given by the undersigned (hereinafter called "Borrower) to
AMERICAN GENERAL CONSUMER DISCOUNT COMPANY secure Bortowers Note/Loan Agreement to
(hereinafter called "Lender") of even date and covering the property set forth in said Mortgage.
NOTE: THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND
MONTHLY PAYMENT AMOUNT. INCREASES IN THE INTEREST RATE WILL RESULT IN INCREASES IN THE
MONTHLY PAYMENT AMOUNT, WHILE DECREASES IN THE INTEREST RATE WILL RESULT IN DECREASES
IN THE MONTHLY PAYMENT AMOUNT.
ADJUSTABLE RATE LOAN. Borrower agrees that the agreed interest rate Borrower will pay may change on the
Due Date of the 4 h payment and on that same date every twelve (12) months Date'). If there is no corresponding date in any given month, the 9 thereafter ("the Change
example, if the first Change Date is January 31, and it changes q artedy, the next) Ca nhgel Dateawill bf the month.
e April 30.) (For
The interest rate will be based on an index plus a margin. The index is the highest Prime Rate published in The Wall
Street Journal's "Money Rates" table. If this index should no longer be available, Lender will choose a comparable
replacement index and will inform Borrower of the new index.
Prior to each Change Date, Lender will calculate the new agreed interest rate by taking the index as of 60 days prior
to the Change Date and adding a margin of 3.11 percentage points. Lender will round the resulting figure down to
the next lowest one-hundredth of one percent. Lender will then determine the new monthly payment amount
necessary to repay the loan in full on the due date for the final payment.
Borrower's interest rate will never increase or decrease on any single Change Date by more than 2 00
percentage point(s) from the agreed rate of interest in effect immediately preceding the Change Date. Any rate
change not implemented as a result of this limitation may be carried over to the next Change Date. Borrower's
interest rate will never increase more than eight percentage points (for first mortgage loans) or ten percentage points
(for subordinate mortgage loans) over the initial Prime Rate, and in no event will ever be more than
16 25_%, and will never be less than _ j nn %.
The new agreed interest rate will be effective as of the Change Date. The new monthly payment will be effective as
of the next regularly scheduled due date subsequent to the Change Date. Lender will send Borrower notice of all rate
and payment changes as required by law.
ATTES
WRrx lIIA L L CROSSON ?
Borrower
J C SSON Borrower
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF DAUPHIN ) SS
Onthis,the 26TH day of MARCH7-07
the undersigned officer, personally appeared before me NOTARY
-L-C7 $ON AND
proven) to be the person whose name s ARE mown to or sa,,fact.niy
7 he Y subscribed to the within instrument, and acknowledged that
executed the same for the purposes therein contained. _
In witness whereof, I hereunto set y hand and official seal.
t„crtIf thus to be recorded
lii 0,imberlarid County PA
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P uo`> 'CC(. $K r I Mw T,
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TA
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n watara 7y4p. pest ,,hta ounty
a`My t orartisslpw Expims r 2$ ?00a
jz-
Prepared By: AMICAN SAL FINANWL WIWM ft,
Return To: M RUTH 8T S E 9
w?gRNOWWWp FYI 17111-14M
;a E111' P. ZIEGLER
ree-RLIER OF DEED
1007 MR8.29 PM 1216
(Space Above This Line For Recording Data)
MORTGAGE
THIS MORTGAGE entered into this 2-6-TH day of MARcm - nn j; between
herek'MERICAN GENERAL C@NSUMER DISCOUNT C ortgagors", and
Mortgagee, a the
Pennsylvania corporation having a place of business at
389 PAXTON ST HARRISURG PA 17111 herein called
"Mortgagee". WITNESSETH, that to secure payment by Mortgagors of a Promissory Note/ioan
agreement of even date `herewith, in the principal amount of $ 14 6 , 8 7 6 3 8 , together with interest
thereon computed on unpaid principal balances from time to time outstanding (and/or any renewal,
refinancing or extension thereof) and all other obligations of Mortgagors under the terms and provisions
of this Mortgage, Mortgagors do by these presents sell, grant and convey to Mortgagee, ALL the
following described real estate situated in
(City) of CAMP HILL County of
CUMBERLAND Commonwealth of Pennsylvania, described as follows:
Municipal Tax Lot , Block
(Insert legal description of mortgaged premises)
ALL THAT CERTAIN PROPERTY SITUATED IN THE CITY OF CAMP HILL, WARD-. IN
THE COUNTY OF CUMBERLANDAND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY
DESCRIBED IN A DEED DATED 03/15/1995 AND RECORDED 03/17/1995, AMONG THE
LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME
119 AND! PAGE 837. ADDRESS: 121 REESER RD, CAMP HILL PA. 17011 - PARCEL ID
NO i70 -21-0"277-0 14
$eg premises conveyed to said Mortgagors by Deed of Conveyance duly recorded in the office of the
Recording of Deeds in said County in Deed Book No. 119 , Page A -17 , as
said premises are therein described.
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, rights, appurtenances, rents, all of which shall be deemed to be and remain a part of the
property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold
estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property."
Mortgagor covenants that Mortgagor is lawfully seised of the estate hereby conveyed and has the
right to grant, bargain, mortgage and convey the property, and that the Property is unencumbered,
except for encumbrances of record. Mortgagor covenants that Mortgagor warrants and will defend
generally the title to the Property against all claims and demands, subject to encumbrances of record.
PROVIDED, HOWEVER, that if the Note/loan agreement and all sums secured by this Mortgage are
paid in full, and Mortgagor performs all of the covenants and agreements of this Mortgage, then and in
such event, this Mortgage and any estate or lien hereby granted, together with the Note/loan agreement,
shall cease, determine, and become void.
MORTGAGE COVENANTS, Mortgagor and Mortgagee covenant and agree as follows:
1. Payment of Principal and Interest. Mortgagor shall promptly pay when due the principal and
interest indebtedness evidenced by the Note/loan agreement and late charges (if any) as provided in the
Note/loan agreement.
PAB451 (124)4-05) Real Estate WrWage Page 1 of 4
DA1986?;3988
2. Taxes, Assessments, and Charges. Mortgagor shall pay or cause to be
paid taxes
assessments and other charges, fines and impositions attributable to the Property which may attain,
priority over this Mortgage, and leasehold payments or ground rents, if any.
3. Application of Payments. Unless applicable law provides otherwise, Mortgagee will apply
payments in accordance with the terms of the Note hereby secured.
4. Prior Mortgages and Deed of Trust; Charges; Liens. Mortgagor shall perform all of Mortgagor's
obligations under any mortgage, deed of trust or other security agreement with a lien which has priority
over this Mortgage, including Mortgagor's covenants to make payments when due.
5. Hazard Insurance. Mortgagor 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
such other hazards as Mortgagee may require and in such amounts and for such periods as Mortgagee
may require.
The insurance carrier providing the insurance shall be chosen by Mortgagor subject to approval by
Mortgagee; provided, that such approval shall not be unreasonably withheld. All insurance policies and
renewals thereof shall be in a form acceptable to Mortgagee and shall include a standard mortgage
clause in favor of and in a form acceptable to Mortgagee. Mortgagee shall have the right to hold the
policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security
agreement with a lien which has priority over this Mortgage.
In the event of loss, Mortgagor shall give prompt notice to the insurance carrier and Mortgagee.
Mortgagee may make proof of loss if not made promptly by Mortgagor.
If the Property is abandoned by Mortgagor, or if the Mortgagor fails to respond to Mortgagee within 30
days from the date notice is mailed by Mortgagee to Mortgagor that the insurance carrier offers to settle
a claim for insurance benefits, Mortgagee is authorized to collect and apply the insurance proceeds at
Mortgagee's option either to restoration or repair of the Property or to the sums secured by this
Mortgage.
6. Preservation and Maintenance of Property;
Developments. Mortgagor shall keep the Propertgood a epair and shall not Condominiums; waPla ste oer pew t
demolition, impairment, or deterioration of the Property and shall comply with the provisions of any lease
if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit
development, Mortgagor shall perform all of Mortgagor's obligations under the declaration and
covenants creating and governing the condominium or planned unit development, the by-laws and
regulations of the condominium or planned unit development, and constituent documents.
7. Protection of Mortgagee's Security. If Mortgagor fails to perform the covenants and agreements
contained in this Mortgage, or if any action or proceeding (including, but not limited to, any bankruptcy
proceeding) is commenced which materially affects Mortgagee's interest in the Property, then
Mortgagee, at Mortgagee's option, upon notice to Mortgagor, may make such appearances, disburse
such sums, including reasonable attomeys' fees, and take such action as is necessary to protect
Mortgagee's interest. If Mortgagee required mortgage insurance as a condition of making the loan
secured by this Mortgage, Mortgagor shall pay the premiums required to maintain such insurance in
effect until such time as the requirement for such insurance terminates in accordance with Mortgagor's
and Mortgagee's written agreement or applicable law.
Any amounts disbursed by Mortgagee pursuant to this Paragraph 7, with interest thereon, at the
Note/loan agreement rate, shall become additional indebtedness of Mortgagor secured by this Mortgage.
Unless Mortgagor and Mortgagee agree to other terms of payment, such amounts shall be payable upon
notice from Mortgagee to Mortgagor requesting payment thereof. Nothing contained in this Paragraph 7
shall require. Mortgagee to incur any expense or take any action hereunder.
8. Inspection. Mortgagee may make or cause to be made reasonable entries upon and inspections
of the Property, provided that Mortgagee shalt give Mortgagor notice prior to any such inspection
specifying reasonable cause therefor related to Mogagee's interest in the Property.
9. Condemnation. The proceeds of anyy award or claim for damages, direct or consequential, in
connection with any condemnation or other takin of the Pro p r14 or part thereof, or for conveyance in
lieu of condemnation, are hereby assigned and shall be ai teo Mortgagee, subject to the terms of any
mortgage, deed of trust or other security agreement with a lienn which has priority over this Mortgage.
10. Mortgagor Not Released; Forbearance By Mortgagee Not a Waiver. Extension of the time
for payment or modification of amortization of the sums secured by this Mortgage granted by Mortga ee
to any successor in interest of Mortgagor shall not operate to release, in any manner, the liability of1he
original Mortgagor and Mortgagor's successors in interest. Mortgagee shall not be required to
commence proceedings against such successor or refuse to extend time for
modify amortization of the sums secured by this Mortgage by reason of any demandt or otherwise
original Mortgagor and Mortgagor's successors in interest. Any forbearance byMortgagee naexe?ysing the
any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or
preclude the exercise of any such right or remedy.
PAU52 (12-04-M Real Estate Mortgage
Page 2 of 4
BK{1986PG3989
• -
11. Successors and Assigns Bound; Joint and Several Liability; Cosigners. The covenants
Whereof.
and agreements herein contained shall nd Mort ago su jject t ethe provis ons of paOragrathe ph she th s
g I
successors and assigns of Mortgfaggee an
All covenants and not execute ortga greement: severef s co si ning gthiis Mortgage only to
Mortgage, but does s
mortgage, grant and convey the Mortgag on theeNote/loans gre m?ento r Mortgargthis Morthe terms of
age; an ,(r ee under this Mortgage; (b) is not personallyy liable agree to extend, m f
agrees that Mortgagee and any other Mortgaggor hereunder may
make any other accommodations with regard re°easing that Mortgagortgorgmodifying th snMortgage ae to
without that Mortgagor's consent and wit
the Mortgagor's interest in the Property.
12. Notice. Except for an notice required under applicable law to be iven in another manner: (a)
n notice to Mortgagor provided for this he Mortgagors addb ss sXed fi rein or nsurch other
notice by regular mail addressed to Mortgagor r at at 9
address as Mortgagor may dcert'ifed mail toiMortg gees addressprovided
stated An notice prov be * g ided. fordin this
g y
Mort agee shall may iven b
as Mortgagee may designate by notice to Mortgagor as provided herein.
Mortgage shall be deemed to have been given to Mortgagor or Mortgagee when given in the manner
designated herein. shall be the
that if the to t oan agreement specifies
laws of the jurisdiction in which the applicable e to this Mortgage
interest 13. rate, Governing Law; Severabilittyy The state and local laws pt t aP livable law govemmg the
roperty is located, ex
ion P shall be tt Not,
be he app regoing
the law of a fees, different ess,, iandothergterms ot'the credit trans secured hereb . The frog e
rg conflict shall Federal law
Mort sentence shall not limit the orr the Note/loan agreement conflicts wgith appn thelivable law, event at such any
or clause of this Mortgage can given effect
not affect other provisions of this nd to t isoentdh the prow s ons ofe hiss Mo gage and tthe Note lean
without the conflicting provisions, and le tthh nses , and
agreement a l sumsto the xtentnot prohibilted by applicable law1orolimited herein.
14. Mortgagors Copy. Mortgagor shall be ffuishheed at t the d ac of eedgeson eipt of a ecrda 1t ed or aer copy of the Note/loan agreement and of this Mortgage thereof. gg yy
1 Rehabilitation Loan Agreeme airor otther shal fulfigrell whichaMortgago centers intorwith
home e rehabilitation, improvement, P
Mortgagee. Mortgagee, at Mortgagee's option, may require Mortgagor tocaxeecsuoe Bend deliver to
Mortgagee, in a form acceptable . to Mortgagee, an assignment of any rights,
Mortgagor may have against parties who supply labor, materials or services in connection with
improvements made to the Property. art of the
16. Transfer of the Property or a Beneficial (Interest in Mortgagor. If all or any p, g erest in
agor Property or any interest in it is sold or ren without M gageees i nor writtenMcor ortge t, Mort g is
transferred and Mortgagor is not a natural person)
may at its option, require immediate payment in full is all sums secured y this Mortgage. ,
option shall not be exercised by Mortgagee if exercise is prohibited by federal law as of the date of this
Mortgage. Mortgagee shall give Mortgagor notice of acceleration. The notice
If Mortgagee exercises this option, tg is de shall provide a period of not less than 30 days this MortgageteIf Mortgagor failslto ay thems prior
which Mortgagor must pay all sums secured by
to the expiration of this period, Mortgagee may invoke any remedies permitted by t is Mortgage thout
further notice or demand on Mortgagor.
17. Acceleration; Remedies. ths Upon
Mortgage, gincluding the cOVenantsato pagr when e due of any summs
in the Note/loan agreement or 9 en due a cure as and secured by this Momy declae Mortgagee, of the after sums notice ecured t by ithiis Mortgageeto be immediately due and
provided by law, may udicial proceeding. Mortgagee shall be
payable without further demand and foreclose this Mortgage by j.
entitled to collect in such proceeding all expenses xpe ses, of and f d current ryl din ,but not limited to, reasonable
attorneys' fees and costs of abstracts, title reports,
that
18. Assignment of Rents; Appointment of Receiver; Mortgagee in Possession. aideddditional
security hereunder, Mortgagor hereby assigns to Mort ale or abandonmentroptheProperty, have
Mortgagor shall, prior t acceleration s such s as under Phe become du and payable.
the right to collect and retain su page 3 of 4
PAB453 (12-04)5) Real Estate Mortgage
BKI986PG3990
Upon acceleration under Paragraph 17 hereof or abandonment of the Property, Mortgagee, ee, in person,
by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and
manage the Property and to collect the rents of the Property including those past due. All rents collected
by the Mortgagee or the Receiver shall be applied first to payment of the cost of management of the
Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's
bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. Mortgagee and
the receiver shall be liable to account only for those rents actually received.
19. Release. Upon payment of all sums secured by this Mortgage, Mortgagee shall satisfy or
release this Mortgage without charge to Mortgagor. Mortgagor shall pay all costs of recordation, if any.
20. Interest Rate after Judgment. Mortgagor agrees that the interest rate payable after a judgment
is entered on the Note/loan agreement or in an action of mortgage foreclosure shall be the highest rate
permitted by law, not to exceed the Note/loan agreement rate.
21.
to Mortgag eeany exempt nn rights permittedt nderl applicyable, ate oarg federal law waives respect tot e
Property.
IN WITNESS WHEREOF, the said Mortgagors have signed this Mortgage, with seal(s) affixed, on the
date first a ve written.
Signed, S al d and Deli ere n t Presence of
(SEAL)
Wltne MICHA L L ROS ON
(SEAL)
JUDI H E CRO ON
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF D'AUP H I N ) SS
)
(SEAL)
On this, the 26TH day of MARCH 2007
NOTARY ,before me
M I C H AE L L& JUDITH E c Ro s s oN the undersigned officer, personally appear.
known to me (or satisfactorily proven) to
person whose name s subscribed to the wi" instrument, an
that T he' executed the same for the purposes thereiD.MMAined.
In witness whereof, I hereunto set my hand and official
NOTARY
Title of Officer
CERTIFICATE OF RESIDENCE
Mortgagee named in the foregoing
Mortgage hereby certify that the correct residence address said Mortgagee is
3809 PAXTON ST HARRISBURG PA 17111
Pennsylvania.
Witness my hand this 26TH day of MARL 20 0 7
Agfnt of Mo a ee
Notice: This is a Mortgage subject to special rules u der t e ederal Truth in Lending Act.
Purchasers or Assignees of this Mortgage could be Ila a fo all claims and defenses with
respect to the mortgage that the Borrower could assert against the Creditor / Mortgagee.
PAB464 (12-04-05) Real Estate Mortgage
Page 4 of 4
C c%.
r+i
ev
Jut-
BOX
Exhibit C
March 5, 2008
(10 pages)
Law Offices of
AUSTIN, BOLAND, CONNOR & GIORGI
44 North Sixth Street
P. O. Box 8521
Reading, PA 19603
[610] 374-8211
Fax [610] 372-2361
E-mail: cnpage@abcglaw.com
Michael L. Crosson
121 Reeser Road
Camp Hill, PA 17011
Clemson N. Page, Jr., ext. 131
October 24, 2007
Judith E. Crosson
121 Reeser Road
Camp Hill, PA 17011
Re: American General Financial Services, Inc., Mortgagee
Michael E. Crosson and Judith E. Crosson, Mortgagors
Premises: 121 Reeser Road, Camp Hill, PA 17011
AGFS Account No. 18314311
Our File No. L07999-0102
To the above-named Mortgagors:
The following is an
ACT 91 NOTICE!
TAKE ACTION TO SAVE
YOUR PROPERTY FROM
FORECLOSURE!
This is an official notice that the mortgage on your home is in
default, and the lender intends to foreclose Specific
information about the nature of the default is provided in the
attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able
to help save your home
31318.1 Page 1 of 8
This notice explains how theprosram works
To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE.
Take this Notice with you when you meet with the Counseling
Agency.
The name, address and phone number of Consumer Credit Counseling
Agencies servingyour County are listed at the end of this
Notice. If you have any questions you may call the Pennsylvania
Housing Finance Agency toll free at 1-800-342-2397 (Persons with
impaired hearing can call 7171780-1869
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it. You
may also want to contact an attorney in your area. The local bar association may be able to help
you find a lawyer.
LA NOTIFICACIO EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA
SU DERECHO A CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER
ELEGIBLE PARA UN PRESTAMO POR EL PROGRAM LLAMADO "HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU
CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): Michael L. Crosson & Judith E. Crosson
PROPERTY ADDRESS: 121 Reeser Road, Camp Hill, PA 17011
LOAN ACCOUNT NUMBER: 18314311
ORIGINAL LENDER: American General Consumer Discount Co.
CURRENT LENDER/SERVICER: American General Financial Services, Inc.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE
PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE
ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
31318.1 Page 2 of 8
- IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
- IF YOU HAVE A RESPONSIBLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
- IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCIAL AGENCY.
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that
time you must arrange and attend a "face-to-face" meeting with one of the consumer credit
counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN
THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE
ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF
THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS
HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES-- If you meet with one of the
consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take
action against you for thirty (30) days after the date of this meeting. The names, addresses and
telephone numbers of the designated consumer credit counseling agencies for the county in
which the property is located are set forth at the end of this Notice It is only necessary to
schedule one face-to-face meeting. Advise you lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE-- Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the
nature of your default). If you have tried and are unable to resolve this problem with the lender,
you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage
Assistance Program. To do so, you must fill out, sign and file a complete Homeowner's
Emergency Mortgage Assistance Program Application with one of the designated consumer
credit counseling agencies listed at the end of this Notice. Only consumer credit counseling
agencies have the applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Financial Agency. Your application MUST be filed or
postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR
IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION-- Available funds for emergency mortgage assistance are very
limited. They will be disbursed by the Agency under the eligibility criteria established by the Act.
The Pennsylvania Housing Financial Agency has sixty (60) days to make a decision after it
31318.1 Page 3 of
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 bankru tc , you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it u to date)
NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your
property located at 121 Reeser Road, Camp Hill, Cumberland County, PA 17011 IS
SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the
following amounts are now past due:
July 2007 .....................................$1,582.70
August 2007 ....................................1,582.70
September 2007 ................................. 1,582.70
Late Charges .................................... 431.64
Legal Expense to Date .............................. 76.00
TOTAL ARREARS AS OF 10/24/2007 ............ $5,155.74
HOW TO CURE THE DEFAULT--You may cure this default within THIRTY (30)
DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE
LENDER, WHICH IS $5,255.74, PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments
must be made either by cash, cashier's check certified check or money order made payable an
d
sent to.
Ms. Deborah A. Quinn, Branch, Manager
American General Financial Services, Inc.
3809 Paxton Street, Suite 3
Harrisburg, PA 17111
IF YOU DO NOT CURE THE DEFAULT-- If you do not cure the default within
THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to
accelerate the 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
31318.1 Page 4 of 8
installments. If full payment of the total amount past due is not made within THIRTY (30)
DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon
your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold
by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you
cure the delinquency before the lender begins legal proceedings against you, you will still be
required to pay 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 be required to pay attorney's fees.
OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE,- If you have not
cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun,
you still have the right to cure the default and prevent the sale at any time u to one hour before
the Sheriff s Sale You may do so by paving the total amount then past due plus any late or other
charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any
other costs connected with the Sheriff s Sale asspecified in writing b the lender and b
performing any other requirements under the mortgage Curing your default in the manner set
forth in this Notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATS- It is estimated that the earliest date
that such a Sheriffs Sale of the mortgaged property could be held would be approximately 150
days from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to
you before the sale. Of course, the amount needed to cure the default will increase the longer you
wait. You may find out at any time exactly what the required payment or action will be by
contacting the lender.
HOW TO CONTACT THE LENDER:
Name of the Lender: American General Financial Services, Inc.
Address: 3809 Paxton Street, Suite 3
Harrisburg, PA 17111
Phone Number: (717) 564-7467
Fax Number: (717) 564-79437
31318.1 Page 5 of
Contact Person: Ms. Deborah A. Quinn, Branch Manager
EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE-- You_may or x may not sell or transfer your home to
a buyer or transferee who will assume the mortgage debt, provided that all the outstanding
payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
- TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY
OFF THIS DEBT.
- TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF
- TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THIS DEFAULT. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN
ANY CALENDAR YEAR.)
- TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
- TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
- TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR
COUNTY, PLEASE SEE ATTACHED LIST.
NOTE: Unless you notify this office within thirty (30) days after receiving this
notice,that you dispute the validity of this debt or any portion thereof, this office will assume that
31318.1 Page 6 of 8
the debt is valid. If you notify this office in writing within thirty (30) days from receiving this
notice, this office will: obtain verification of the debt or obtain a copy of judgment if one has
been entered against you and mail you a copy of such judgment or verification. You are also
advised that any information which you supply to this office may be used by us in the collection
of the debt. If you request this office in writing within thirty (30) days after receiving, this office
will provide you with the name and address of the original creditor.
THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. IN THE
EVENT YOU HAVE RECEIVED .A DISCHARGE OF PERSONAL INDEBTEDNESS IN
BANKRUPTCY PROCEEDINGS THEN THIS COMMUNICATION IS TO BE
CONSTRUED ONLY AS AN ACTION TO ENFORCE A LIEN AGAINST PROPERTY
WHICH SURVIVES DISCHARGE IN BANKRUPTCY.
Sincerely yours,
CONNOR & GIORGI
age,Nr.
CNP:p
cc: Ms. Deborah A. Quinn -- American General (Harrisburg)
THIS NOTICE IS BEING SERVED UPON THE PRINCIPAL ADDRESSEES
VIA SIMULTANEOUS FIRST-CLASS MAIL AND
CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
31318.1
Page 7 of 8
Consumer Credit Counseling
Service of Western PA, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Urban League of Metropolitan
Harrisburg
2107 N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
Financial Counseling
Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
CUMBERLAND COUNTY
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, PA 17325
(717) 334-1518
Community Action Commission
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
(717) 232-2207
NOTE: Unless you notify this office within thirty (30) days after receiving this notice that you
dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid.
If you notify this office in writing within thirty (30) days from receiving this notice, this office will:
obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment
or verification. You are also advised that any information which you supply to this office may be
used by us in the collection of the debt. If you request this office in writing within thirty (30) days
after receiving, this office will provide you with the name and address of the original creditor.
31318.1
Page 8 of
0.
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Austin, Boland, Connor & Giorgi
44 North Sixth Street, P.Cl, Box 8521
Reading, PA 19803
0
I { ?/
One piece of ordinary mail addressed to: ,
Judith E. Crosson \ ?DOj
121 Reeser Road '•P
Camp Hill, PA 17011
ro r-orm 3o -I f, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Austin, Boland, Connor & Giorgi
44 North Sixth Street P.O. Box 8521 n
Reading, PA 19803 ?
z
One piece of ordinary mail addressed to: a
Michael L. Crosson
121 Reeser Road
Camp Hill, PA 17011
F'S Form St51 /, January 2001
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03-04 16:14 AGFS-- %8r Harnr urg 717-564-7948 >> 610 372 2361 - =- ...
FAX N0. 610 372 2381
P. 06
(AGFS V. GftM X0102)
I, Deborah A.
by vari v that I sm M
P ac:aga? of the Harris
ehnsYlvania branch office of ?'
as Pia' Amcticau? Gam[ Fiat services, Inc., named
mtf ff in the om8 pig and that in m caAmi .
Y ty as such off icer I am
eW*Mized t0 make this VftiflcAfion on tho PkitttifPs
half. I have md th.
foregoing plead, The faca stated therein are
best of my latowl ?? ?? am ?pl? to the
?formafiion and belief.
I maw this vacation subj0ot to the Provisions
of 18 PA, C. S. 14904,
which p"wiza 140"m eons to audu .
t1q.
Daftd:Lz?,L coos.
Ar>aerlcsa Ganww
?•. etc., Plaintiff
103-06 13127 136$8
610 372 2361 bAW3 1x08 RU
p 6.'s
i
(AGFS V- Crosson L07999-0102)
I, Clemson N. Page, Jr.
Of the Bar of the Sur , Esquire, verify that I am a member in
p eme Court OfPennsylvania , and that I am good standing
counsel for American General Financial Servic engaged as
foregoing pleading. I have Prepared the es, foregoing Inc., Civil named as Plaintiff in the
Com
information which m plaint on the basis of
stated y client has supplied tome, and verified the
therein are true, correct and complete
to same. The facts
information and belief. the best of my knowledge,
The facsimile Verification also attached t
me b the authorized a o this pleading was forwarded to
y gent of the Plaintiff named the
the Complaint b rein, after review of a by facsimile, and is a true verification. copy of
I make this verification subject to the provisions
which penalizes unsworn falsifications to authorities of 18 Pa. C. S. § 4904,
Attorne , and further subject to the
Attorney Di sciplinary Rules of the Supreme Court of Pennsylvania.
Dated: March 5, 2008.
Clans Wan e, Jr
Penns Esquire
Attorney y Attorney No. 25616
for Plaintiff.
r-a
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---1 l
CA 7 ;Irn
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-? Cl
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01541 P
COMMONWEALTH OF' PENNSYLVANIA:
COUNTY OF CUMBERLAND
AMERICAN GENERAL FINANACIAL SE
VS
CROSSON MICHAEL L ET AL
MARK CONKLIN , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the with--n COMPLAINT - MORT FORE was served upon
('D(lC CrITTT MT rTT T T,'T. T. the
DEFENDANT , at 1555:00 HOURS, on the 19th day of March , 2008
at 121 REESER ROAD
CAMP HILL, PA 17011
by handing to
JUDITH CROSSON WIFE
a true and attested copy of COMPLAINT- MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 12.48
Postage .58
Surcharge 10.00 R. Thomas Kline
.00
41.06 03/20/2008
AUSTIN BOLAND CONNOR GIORGI
a??Zloa ??
Sworn and Subscibed to By:
before me this day Depu y S riff
of A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01541 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AMERICAN GENERAL FINANACIAL SE
VS
CROSSON MICHAEL L ET AL
MARK CONKLIN , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
rRn,1;1;nN TTTDTTH F the
DEFENDANT , at 1555:00 HOURS, on the 19th day of March 2008
at 121 REESER ROAD
CAMP HILL, PA 17011
JUDITH CROSSON
a true and attested copy of COMPLAINT - MORT FORE
by handing to
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
Service .00
Affidavit 00
Surcharge 10.00 R. Thomas Kline
.00 /
16.00`/03/20/2008
AUSTIN BOLAND CONNOR GIORGI
Sworn and Subscibed to y s
G J /
before me this day epu y -S eriff
of A.D.
e
AUSTIN, BOLAN , CONNOR & GIORGI
By Clemson N. Pag, Jr., Esquire
Attorney ID 25616 Attorney for Plaintiff
44 North Sixth Street File No. L07999-0102
P.O. Box 8521
Reading, PA 19603
[610] 374-8211 AGFS Account No. 18314311
Fax [610] 372-2361
E-mail: cnpageaab(glaw.com
AMERICAN GENERAL FINANCIAL
SERVICES, INC., t/d/b/a AMERICAN
GENERAL CONSUMER DISCOUNT
COMPANY,
Plaintiff,
vs.
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 08-1541 Civil Term
MICHAEL L. CROSSON and JUDITH E.
CROSSON,
Defendants
CIVIL ACTION -- LAW
Action in Mortgage Foreclosure
Mortgage Book 1986, page 3988 et seq.
PRAEICIPE FOR ENTRY OF JUDGMENT BY DEFAULT
TO THE PROTHONOTARY:
Kindly enter judgment by default in favor of the Plaintiff, American General
Financial Service, Inc., t/d/b/a American General Consumer Discount Company,
and against Defendants Michael L. Crosson and Judith E. Crosson, jointly and
severally, and against the real property generally known as 121 Reeser Road, Camp
Hill (Hampden Tpwnship), Cumberland County, Pennsylvania 17011, by reason of
said Defendants' failure to respond to the Plaintiff's complaint in mortgage
foreclosure, and Assess damages as follows:
?I
Damages per Complaint: ............... $166,513.92
Interest, 02/28/2008-04/21/2008 ............ 2,632.50
TOTAL . .......................... $1693146.52
(Together ith accruing interest at $48.75 per day from April 22, 2008 and
the costs of this action).
33986.1 -1-
Attached ereto is a true and correct copy of the default notice mailed to the
Defendant on A ri19, 2008, by placement of the same in the United States mail,
first-class postage prepaid. A copy of a Postal Service Form 3817 certificate of
mailing is also attached.
Taking into account the mailing date of the default notice, the Plaintiff
asserts that the ten-day period prescribed by Pa. R. Civ. P. 237.1 has passed and
judgment may now be entered as set forth above. The stated damages were
computed from figures of record in this proceeding.
Judgment is to be entered in rem only, and solely for purposes of proceeding
with execution against the premises generally known as 121 Reeser Road, Camp
Hill (Hampden Township), Cumberland County, Pennsylvania 17011, and more
fully described at Deed Book Volume 119„ page 837 et seq., Cumberland County
Records. The lien of said judgment shall relate back to March 29, 2007, the
recording date of the Mortgage as defined in paragraph 5 of the Complaint in this
proceeding.
Dated: April 21, 2008.
AUSTIN, BOLAND, CONNOR & GIORGI
By- 111 ?1 z 75 ?W'
C em o , Jr., Esquire
Attorney for Plaintiff.
Information copy) to:
Ms. Deborah A. quinn, Branch Manager
American Gener 1 Financial Services, Inc.
3809 Paxton Street
Suite 3
Harrisburg, PA 17111-1461
33986.1
-2-
AUSTIN, BOLAN , CONNOR & GIORGI
By Clemson N. Page, Jr., Esquire
Attorney ID 25616 Attorney for Plaintiff
44 North Sixth Street File No. L07999-0102
P.O. Box 8521
Reading, PA 19603
[610] 374-8211 AGFS Account No. 18314311
Fax [610] 372-2361
E-mail: enpage@abqglaw.com
AMERICAN GENERAL FINANCIAL
SERVICES, INC., t/d/b/a AMERICAN
GENERAL CONSUMER DISCOUNT
COMPANY,
Plaintiff,
vs.
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 08-1541 Civil Term
MICHAEL L. CR08SON and JUDITH E. CIVIL ACTION -- LAW
CROSSON, Action in Mortgage Foreclosure
Defendants. Mortgage Book 1986, page 3988 et seq.
NOTICE DATED APRIL 9, 2008
To:
Michael L. Crosson
121 Reeser Road
Camp Hill, PA 17011
(Personally served at above address in
the person of Judith E. Crosson by
Sheriff 03/19/2008, per return filed of
record.)
YOU ARF
A WRITTEN AP
IN WRITING W:
THE CLAIMS S]
TEN (10) DAYS
aPRIL 19, 2008)
33851.1
Judith E. Crosson
121 Reeser Road
Camp Hill, PA 17011
(Personally served at above address
by Sheriff 03/19/2008, per return
filed of record.) _
IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER
'EARANCE PERSONALLY OR BY ATTORNEY AND FILE
I'H THE COURT YOUR DEFENSES OR OBJECTIONS TO
T FORTH AGAINST YOU. UNLESS YOU ACT WITHIN
FROM THE DATE OF THIS NOTICE (that is, on or before
A JUDGMENT MAY BE ENTERED AGAINST YOU
-1-
r
WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, O TO OR TELEPHONE THE FOLLOWING OFFICE TO
FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
610-377-5400 or 800-990-9108
Clemsdf? N` 'ag r
Attorney for P iff.
THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS
PURPOSE. IN THE EVENT YOU HAVE RECEIVED A DISCHARGE nF
Information copy' to:
Ms. Deborah A. Quinn, Branch Manager
American General Financial Services, Inc.
3809 Paxton Street _
Suite 3
Harrisburg PA 17111-1461
33851.1
-2-
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Austin, Boland, Connor & Giorgi
44 North Sixth Street, P.O. Box 8521
Reading. PA 19603 1N
One piece of ordinary mail addressed to: ?? .
Judith E. Crosson
121 Reeser Road o
Camp Hill, PA 17011
PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Austin, Boland, Connor & Giorgi
44 North Sixth Street, P.O. Box 8521
Reading, PA 19603 0 IN G
One piece of ordinary mail addressed to:
Michael L. Crosson m
121 Reeser Road
Camp Hill, PA 17011 6l d L
PS Form 3817, January 2001
F
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4t'? --<
AUSTIN, BOLAN , CONNOR & GIORGI
By Clemson N. Page, Jr., Esquire
Attorney ID 25616 !, Attorney for Plaintiff
44 North Sixth Street File No. L07999-0102
P.O. Box 8521
Reading, PA 19603
[610] 374-8211 AGFS Account No. 18314311
Fax [610] 372-2361
E-mail: cnpagep
,ab?glaw.com
AMERICAN GENE RAL FINANCIAL IN THE COURT OF COMMON PLEAS,
SERVICES, INC., d/b/a AMERICAN CUMBERLAND COUNTY,
GENERAL CONSU MER DISCOUNT PENNSYLVANIA
COMPANY,
Plaintiff, No. 08-1541 Civil Term
vs.
MICHAEL L. CROSSON and JUDITH E. CIVIL ACTION -- LAW
CROSSON, Action in Mortgage Foreclosure
Defendants. Mortgage Book 1986, page 3988 et seq.
VERIFICATION THAT THE DEFENDANTS ARE NOT IN
THE ACTIVE MILITARY OR NAVAL SERVICE OF THE
UNITED STATES OF AMERICA
I, Clemson, N. Page, Jr., Esquire, attorney for American General Financial
Services, Inc., Plaintiff, hereby verify that, to the best of my knowledge,
information and belief, after reasonable inquiry, neither Michael L. Crosson nor
Defendant Judith) E. Crosson is on active duty in the military or naval services of
the United States of America; said Defendants are therefore not under the
protection of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended.
The Defendants' last known address, according to the Plaintiff's records, is
121 Reeser Road Camp Hill (Hampden Township), Cumberland County,
Pennsylvania 17 11, at which address the Sheriff personally served the
33989.1 -1-
Defendants with "nitial process in this case.
I make thi Verification subject to the Attorney Disciplinary Rules of the
Supreme Court of the Commonwealth of Pennsylvania and 18 Pa. C. S. § 4904,
which penalizes nsworn falsifications to authorities.
Dated: April 21, 2008.
Information copy to:
AUSTIN, BOLAND, CONNOR & GIORGI
By
Clems e, r., Esquire
Attorney Porlaintiff.
Ms. Deborah A. Quinn, Branch Manager
American General Financial Services, Inc.
3809 Paxton Street
Suite 3
Harrisburg, PA 17111-1461
33989.1 -2-
r-.3 .-
-:YE
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Judith E. Crosson
121 Reeser Road
Camp Hill, PA !,17011
Re: American General Financial Services, Inc., t/d/b/a American
General Consumer Discount Company, Plaintiff, vs. Michael L.
Crosson and Judith E. Crosson, No. 2008-01541P, Cumberland
County Court of Common Pleas
To the Above-Named Defendant:
American) General Financial Services, Inc., Plaintiff in the above-captioned
I
action, on this d te has entered judgment against you in the Court of Common Pleas
of Cumberland ounty, Pennsylvania, in the amount of$169,146.52, together with
lawful interest a the rate of $48.75 per day from April 22, 2008.
Enclosed are true and correct copies of the following documents which the
Plaintiff has filed with the Court:
1. Praecipe for Entry of Judgment Per Magisterial District Court Transcript.
2. Verification re Defendants' Active Military Status.
This Notice is given to you pursuant to Pa. R. Civ. P. 236.
CUMBERLAND COUNTY
PROTHONOTARY
By
eputy e .
33988.1
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Michael L. Crosson
121 Reeser Road
Camp Hill, PA 1117011
Re: American General Financial Services, Inc., t/d/b/a American
General Consumer Discount Company, Plaintiff, vs. Michael L.
Crosson and Judith E. Crosson, No. 2008-01541P, Cumberland
County Court of Common Pleas
To the Above-Named Defendant:
American' General Financial Services, Inc., Plaintiff in the above-captioned
action, on this date has entered judgment against you in the Court of Common Pleas
of Cumberland County, Pennsylvania, in the amount of$169,146.52, together with
lawful interest at the rate of $48.75 per day from April 22, 2008.
Enclosed are true and correct copies of the following documents which the
Plaintiff has filed with the Court:
1. Praecioe for Entry of Judgment Per Magisterial District Court Transcript.
2. Verification re Defendants' Active Military Status.
This Notice is given to you pursuant to Pa. R. Civ. P. 236.
CUMBERLAND COUNTY
PROTHONOTARY
By IS-1 ?,, r ? - ,
De uty ?7. ?-
33987.1
AUSTIN, BOLAND, CONNOR & GIORGI
By Clemson N. Page, Jr., Esquire
Attorney ID 25616 Attorney for Plaintiff
44 North Sixth Street File No. L07999-0102
P.O. Box 8521
Reading, PA 19603
[610] 374-8211 AGFS Account No. 18314311
Fax [610] 372-2361
E-mail: cnpage@,abcglaw.com
AMERICAN GENERAL FINANCIAL
SERVICES, INC., t/d/b/a AMERICAN
GENERAL CONSUMER DISCOUNT
COMPANY,
Plaintiff,
VS.
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 08-1541 Civil Term
MICHAEL L. CROSSON and JUDITH E.
CROSSON,
Defendants.
CIVIL ACTION -- LAW
Action in Mortgage Foreclosure
Mortgage Book 1986, page 3988 et seq.
PRAECIPE FOR WRIT OF EXECUTION
(Mortgage Foreclosure)
TO THE PROTHONOTARY:
Kindly issue a Writ of Execution in the above matter. As of April 24, 2008, the following
damages are claimed:
Damages per Judgment Documents: ................................... $169,146.52
Interest 04/22/2008 - 04/24/2008 ......................................... 146.25
TOTAL .........................................................$169,292.77
(Together with all costs and interest from 04/25/2008 @ $48.75 per day).
AUSTIN, BOLAND, CONNOR & GIORGI
Dated: April 24, 2008.
By
Clemson Pa , Jr., Esquire
For Plaintiff.
34132.1
a
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(LOD
AUSTIN, BOLAND, CONNOR & GIORGI
By Clemson N. Page, Jr., Esquire
Attorney ID 25616 Attorney for Plaintiff
44 North Sixth Street File No. L07999-0102
P.O. Box 8521
Reading, PA 19603
[610] 374-8211 AGFS Account No. 18314311
Fax [610] 372-2361
E-mail: cnpagegaabcglaw.com
AMERICAN GENERAL FINANCIAL
SERVICES, INC., t/d/b/a AMERICAN
GENERAL CONSUMER DISCOUNT
COMPANY,
Plaintiff,
vs.
MICHAEL L. CROSSON and JUDITH E.
CROSSON, :
Defendants.
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 08-1541 Civil Term
CIVIL ACTION -- LAW
Action in Mortgage Foreclosure
Mortgage Book 1986, page 3988 et seq.
AFFIDAVIT PURSUANT TO PA. R. CIV. P. 31293
PLAINTIFF, American General Financial Services, Inc., t/d/b/a American
General Consumer Discount Company, by its undersigned attorneys, sets forth as of
April 24, 2008 the following information concerning the real estate known as121
Reeser Road, Camp Hill (Hampden Township), Cumberland County,
Pennsylvania 17011:
1. Name and address of owner or reputed owner:
Michael L. Crosson
121 Reeser Road
Camp Hill, PA 17011
Judith E. Crosson
121 Reeser Road
Camp Hill, PA 17011
34134.1
-1-
r
2. Name and address of each defendant in the judgment:
Michael L. Crosson
121 Reeser Road
Camp Hill, PA 17011
Judith E. Crosson
121 Reeser Road
Camp Hill, PA 17011
3. Name and address of every judgment creditor whose judgment is of
record against the real property to be sold:
American General Financial Services, Inc.
t/d/b/a American General Consumer Discount Company
3 809 Paxton Street
Suite 3
Harrisburg, PA 17111-1461
Montour Oil Service Co.
112 Broad Street
P.O. Box 128
Montoursville, PA 17754
PA State Employees' Retirement System
30 North Third Street
Harrisburg, PA 17101
PA State Employees' Credit Union
1 Credit Union Place
Harrisburg, PA 17110
4. Name and address of the last recorded holder of every mortgage of
record against the real property to be sold:
American General Financial Services, Inc.
t/d/b/a American General Consumer Discount Company
3809 Paxton Street
34134.1
-2-
r
Suite 3
Harrisburg, PA 17111-1461
5. Name and address of every other person who has any record lien
against the property: None.
6. Name and address of every other person who has any record interest in
the property, whose interest may be affected by the saleNone.
7. Name and address of every other person of whom the Plaintiff has
knowledge who has any interest or potential interest in the property
which may be affected by the sale:
Cumberland County Tax Claims Bureau
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Domestic Relations Office
13 North Hanover Street
P.O. Box 320
Carlisle, PA 17013
Cumberland Valley School District
6746 Carlisle Pike
Mechanicsburg, PA 17050-1796
Hampden Township Sewer Authority
230 South Sporting Hill Road
Mechanicsburg, PA 17050
Maria Huber, Treasurer
Room 101, Hampden Township Building
230 South Sporting Hill Road
Mechanicsburg, PA 17050
34134.1
I verify that the statements made in this Affidavit are true, correct and
-3-
f
complete to the best of my personal knowledge or information and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa.
C. S. § 4904 which penalizes unsworn falsification to authorities.
Dated: April 24, 2008
AUSTIN, BOLAND, CONNOR & GIORGI
34134.1
By
Clemson , Jr., Esquire
For Plaintiff.
-4-
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A,
AUSTIN, BOLAND, CONNOR & GIORGI
By Clemson N. Page, Jr., Esquire
Attorney ID 25616 Attorney for Plaintiff
44 North Sixth Street File No. L07999-0102
P.O. Box 8521
Reading, PA 19603
[610] 374-8211 AGFS Account No. 18314311
Fax [610] 372-2361
E-mail: cnpage@aabcglaw.com
AMERICAN GENERAL FINANCIAL
SERVICES, INC., t/d/b/a AMERICAN
GENERAL CONSUMER DISCOUNT
COMPANY,
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff, : No. 08-1541 Civil Term
VS. :
MICHAEL L. CROSSON and JUDITH E. CIVIL ACTION -- LAW
CROSSON, Action in Mortgage Foreclosure
Defendants. Mortgage Book 1986, page 3988 et seq.
MORTGAGORS' NOTICE OF SHERIFF'S
SALE OF REAL PROPERTY
TO:
Michael L. Crosson Date of this Notice: 2008.
Judith E. Crosson
121 Reeser Road
Camp Hill, PA 17011
Your real estate located at 121 Reeser Road, Camp Hill (Hampden
Township), Cumberland County, PA 17011 is scheduled to be sold at a Sheriff's
Sale on Wednesday, September 3, 2008, at 10:00 A.M. prevailing time, at the
Cumberland County Courthouse, I Courthouse Square, Carlisle, PA in the
location to be posted on the day of sale, to enforce the Court judgment of
$169,146.52, plus interest and costs, obtained against you byAmerican General
Financial Services, Inc., t/d/b/a American General Consumer Discount
Company.
NOTICE OF OWNER'S RIGHTS:
34137.1
-1-
1
YOU MAY BE ABLE TO PREVENT THIS SALE
I . The sale will be canceled if you pay to American General Financial
Services, Inc. the back payments, late charges, costs and reasonable attorneys' fees
due. To find out how much you must pay, you may call Clemson N. Page, Jr.,
Esquire, attorney for the Plaintiff, at 610-374-8211.
2. You may be able to stop the sale by filing a petition asking the Court to
strike or open the judgment, if the judgment was improperly entered. You may also
ask the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
4. You may need an attorney to help you assert your rights. The sooner you
contact one, the better your chances of stopping or postponing the sale. (See notice
on following page on how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RIGHTS EVEN IF
THE SHERIFF'S SALE DOES TAKE PLACE
1. If the Sheriff's Sale is not stopped or postponed, your property will be sold
to the highest bidder. You may find out the bid price by contacting the Sheriff of
Cumberland County at 717-240-6390.
2. You may be able to petition the Court to set aside the sale if the bid price
was grossly inadequate compared to the value of your property.
3. The sale will be completed only if the buyer pays the Sheriff the full
amount due in the sale. To find out if this mas happened, you may call the Sheriff of
Cumberland County at 717-240-6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale had never happened.
5. You have the right to remain in the property until the full amount due is
paid to the Sheriff and the Sheriff records a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
34137.1
-2-
r
i
6. You may be entitled to a share of the money which was paid for the
property. A Schedule of Distribution of the money bid for the property will be filed
by the Sheriff thirty (30) days after the sale. This Schedule will state who will be
receiving the money. The money will be paid out in accordance with this Schedule
unless exceptions (statements of reasons why the proposed distribution is wrong) are
filed with the Sheriff within ten (10) days after the Schedule of Distribution is filed.
7. You may also have other rights or defenses, or ways of getting your
property back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW, TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
610-377-5400 or 800-990-9108
AUSTIN, BQLAND, CONNOR & GIORGI
By
Jr.
For Plaintiff.
34137.1
-3-
l
Plaintiff: American General Financial Services, Inc.
Defendants: Michael L. Crosson and Judith E. Crosson
Attorney for Plaintiff: Clemson N. Page, Jr., Esquire
610-374-8211
Judgment Amount: $169,292.77
ALL THAT CERTAIN lot, piece or parcel of land, situate in Hampden Township,
Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the Eastern side of a forty (40) foot street known as
Reeser Road where the Northern line of premises now or formerly of Fred W. Schmiedel
and Margaret E. Schmiedel, husband and wife, intersects with the Western line of the
premises now or formerly of F. Lester Hale and Lulu M. Hale, husband and wife; thence
along the Eastern side of Reeser Road, North 17 degrees 30 minutes West 146.59 feet to a
point at the line of other premises now or formerly of F. Lester Hale and Lulu M. Hale,
husband and wife; thence along the said last mentioned property line North 89 degrees 45
minutes East 174.87 feet to a point at the Western line of premises now or formerly of
Harry C. Diffenderfer and M. Jane Diffenderfer, husband and wife; thence along said last
mentioned property line, South 00 degrees 15 minutes East 140.00 feet to a point at the
Northern line of premises now or formerly of Fred W. Schmiedel and Margaret E.
Schmiedel, husband and wife; and thence along said last mentioned property line South 89
degrees 45 minutes West 131.4 feet to a point, the place of BEGINNING.
HAVING THEREON ERECTED a single dwelling house being known and
numbered as 121 Reeser Road, Camp Hill, Pennsylvania.
TAX PARCEL No. 10-21-0277/014.
TO BE SOLD AS the property of Michael L. Crosson and Judith E. Crosson,
husband and wife.
TO BE SOLD AS the property of Michael L. Crosson and Judith E Crosson husband and
wife.
34057.1
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-1541 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due AMERICAN GENERAL FINANCIAL SERVICES,
INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff (s)
From MICHAEL L. CROSSON and JUDITH E. CROSSON
(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 $169,146.52 L.L.$ 0.50
Interest 4/22/08 to 4/24/08 - $14(o.SZ &92*her Wit% 0.11 Cosis "d innn*West ?rom ?'d51o8
Atty's Comm % Due Prothy $2.00 t?'"' $ µ8.h5 per &Ly
Atty Paid $176.06 Other Costs
Plaintiff Paid
Date: 4/25/08
Prothonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: CLEMSON N. PAGE, JR., ESQUIRE
Address: AUSTIN, BOLAND, COMMOR & GIORGI
44 NORTH SIXTH STREET
PO BOX 8521
READING, PA 19603
Attorney for: PLAINTIFF
Telephone: 610-374-8211
Supreme Court ID No. 25616
AUSTIN, BOLAND, CONNOR & GIORGI
By Clemson N. Page, Jr., Esquire
Attorney ID 25616 Attorney for Plaintiff
44 North Sixth Street File No. L07999-0102
P.O. Box 8521
Reading, PA 19603
[610] 374-8211 AGFS Account No. 18314311
Fax [610] 372-2361
E-mail: cnpage(aabcglaw.com
AMERICAN GENERAL FINANCIAL
SERVICES, INC., t/d/b/a AMERICAN
GENERAL CONSUMER DISCOUNT
COMPANY,
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff, No. 08-1541 Civil Term
VS. ;
MICHAEL L. CROSSON and JUDITH E. CIVIL ACTION -- LAW
CROSSON, Action in Mortgage Foreclosure
Defendants. Mortgage Book 1986, page 3988 et seq.
CERTIFICATE OF SERVICE
UNDER PA. R. CIV. P. 3129.2
I certify that I served written notice of the October 1, 2008 Sheriff s sale of the
premises at 121 Reeser Road, Hampden Township, Cumberland County,
Pennsylvania 17011, upon the parties in interest named below, by placing the same in
the United States mail, first-class postage prepaid, on August 8, 2008, addressed as
follows:
Michael L. Crosson
121 Reeser Road
Camp Hill, PA 17011
Judith E. Crosson
121 Reeser Road
Camp Hill, PA 17011
34137.1 -1-
34137.1
American General Consumer Discount Company
3809 Paxton Street
Suite 3
Harrisburg, PA 17111-1461
Montour Oil Service Co.
112 Broad Street
P.O. Box 128
Montoursville, PA 17754
PA State Employees' Retirement System
30 North Third Street
Harrisburg, PA 17101
PA State Employees' Credit Union
1 Credit Union Place
Harrisburg, PA 17110
Cumberland County Tax Claims Bureau
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Domestic Relations Office
13 North Hanover Street
P.O. Box 320
Carlisle, PA 17013
Cumberland Valley School District
6746 Carlisle Pike
Mechanicsburg, PA 17050-1796
Hampden Township Sewer Authority
230 South Sporting Hill Road
Mechanicsburg, PA 17050
-2-
Maria Huber, Treasurer
Room 101, Hampden Township Building
230 South Sporting Hill Road
Mechanicsburg, PA 17050
Attached to this Certification are copies of Postal Service Form 3817 certificates
of mailing.
Dated: August 8, 2008. AUSTIN, BOLAND, CONNOR & GIORGI
By
34137.1 -3-
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Austin, Boland, Connor & Giorgi
44 North Sixth Street, P,O, Box 8521
Reading, PA 19603
One piece of ordinary mail addressed to:
Maria Huber, Treasurer
Room 101, Hampden Township Building
230 South Sporting Hill Road
Mechanicsburg, PA 17050
PS Form 3897, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Austin, Boland, Connor & Giorcli
44 North Sixth Street, P.O, Box 0521
Reading, PA 19603
One piece of ordinary mail addressed to: '
Michael L. Crosson
121 Reeser Road
Camp Hill, PA 17011
rzJ I-orm 5011, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Austin, Boland, Connor & Giorgi
44 North Sixth Street, P.O. Box 0521
Reading, PA 19603
One piece of ordinary mail addressed to:
Judith E. Crosson
121 Reeser Road
Camp Hill, PA 17011
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PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Austin, Boland, Conner & Giorgi r,
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44 North Sixth Street, P,O. Box 8521
Reading, PA 19603 -
One piece of ordinary mail addressed to:
American General Consumer Discount Company
3809 Paxton Street, Suite 3
Harrisburg, PA 17111-1461
PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Austin, Boland, Connor & Giorgi
44 North Sixth Street, P.O. Box 8521
Reading, PA 19603
One piece of ordinary mail addressed to:
Montour Oil Service Co.
112 Broad Street, P.O. Box 128
Montoursville, PA 17754
PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Austin, Boland, Connor c Giorgi
44 North Sixth Street, P.O. Box 13521 r,
Reading, PA 19603 e??
One piece of ordinary mad addressed to: , C J
PA State Employees' Retirement System
30 North Third Street
Harrisburg, PA 17101
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PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Austin. Boland, Connor Giorgi
44 North Sixth Street, P.O. Box 3521
Reading, PA 19603
One piece of ordinary mail addressed to:
PA State Employees' Retirement
System
,
1 Credit Union Place
Harrisburg, PA 17110 i?
PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER -
Received From:
f
Austin, Boland, Connor & Giorgi
44 North Sixth Street, P.O. Box 8521
Reading, PA 19603 V,
One piece of ordinary mail addressed to:
Cumberland County Tax Claims Bureau
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Austin, Boland, Connor & Giorgi '
44 North Sixth Street, P.O. Box 8521
Reading, PA 19603
One piece of ordinary mail addressed to:
Domestic Relations Office
13 North Hanover Street, P.O. Box 320
Carlisle, PA 17013
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PS Form 3897, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Austin, Boland, Connor & Giorgi . i
44 North Sixth Street, P.Q, Box 8521
Reading, PA 19603
One piece of ordinary mail addressed to:
Cumberland Valley School District
6746 Carlisle Pike
Mechanicsburg, PA 17050-1796
PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Austin, Boland, Connor & Giorgi s
44 North Sixth Street, P.O. Box 8521
Reading, PA 19603 ?
One piece of ordinary mail addressed to:
Hampden Township Sewer Authority SAS
230 South Sporting Hill Road
Mechanicsburg, PA 17050
PS Form 3817, January 2001
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff s Deed in which AMERICAN GENERAL CONS DISC CO is the grantee the same having
been sold to said grantee on the 1 ST day of OCT A.D., 2008, under and by virtue of a writ Execution
issued on the 25TH day of APRIL. A.D., 2008, out of the Court of Common Pleas of said County as of
Civil Term, 2008 Number 1541, at the suit of AMERICAN GENERAL FIN SERV INC TDBA
AMERICAN GENERAL C D C against MICHAEL L CROSSON & JUDITH E is duly recorded as
Instrument Number 200834663.
IN TESTIMONY WHEREOF, I have hgreunto set my hand
and seal of said office this Dwo? day of
, A.D. a O'O
RbEq>?der of Deeds
D;S Curr?be?luld Ca+rntyy, ? ? pA
E?ro? ra Flrw Matey a,?, 2010
American General Financial Services, Inc. In the Court of Common Pleas of
t/d/b/a American General Consumer Discount Cumberland County, Pennsylvania
Company Writ No. 2008-1541 Civil Term
VS
Michael L. Crosson and Judith E. Crosson
Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on June
18, 2008 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 defendants, to wit: Michael L.
Crosson and Judith E. Crosson, by making known unto Judith Crosson, for herself and for her
husband, Michael L. Crosson, at 131 Melbourne Lane, Mechanicsburg, Cumberland County,
Pennsylvania its contents and at the same time handing to her personally the said true and correct
copies of the same.
Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on
July 10, 2008 at 1845 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 Michael L. Crosson and Judith E.
Crosson located at 121 Reeser Road, Camp Hill, Cumberland County, Pennsylvania according to
law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the
above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff
mailed a notice of the pendency of the action to the within named defendants, to wit: Michael L.
Crosson and Judith E. Crosson by regular mail to their last known address of 131 Melbourne Lane,
Mechanicsburg, PA 17055. These letters were mailed under the date of July 2, 2008 and never
returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and
legal notice had been given according to law, he exposed the within described premises at public
venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on October 1, 2008
at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Clemson Page, Jr., on
behalf of American General Consumer Discount Company. It being the highest bid and best price
received for the same, American General Consumer Discount Company, of 3809 Paxton Street,
Suite 3, Harrisburg, PA 17111, being the buyer in this execution, paid to Sheriff R. Thomas Kline
the sum of $1,102.31.
Sheriff s Costs:
Docketing $30.00
Poundage 21.61
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioneer 10.00
Law Library .50
Prothonotary 2.00
Mileage 22.00
Levy 15.00
Surcharge 30.00
Post Pone Sale 20.00
Law Journal 377.00
Patriot News 404.06
Share of Bills 17.64
Distribution of Proceeds 25.00
Sheriff s Deed 49.50
$ 1102.31 V ?di.?21vB
So Answers:
toovo-.*?srrrr?C ?&?'
R. Thomas Kline, Sheriff
Real Estate ergeant
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AUSTIN, BOLAND, CONNOR & GIORGI
By Clemson N. Page, Jr., Esquire
Attorney ID 25616 Attorney for Plaintiff
44 North Sixth Street File No. L07999-0102
P.O. Box 8521
Reading, PA 19603
[610] 374-8211 AGFS Account No. 18314311
Fax [610] 372-2361
E-mail: cnpage@a,abcglaw.com
AMERICAN GENERAL FINANCIAL
SERVICES, INC., t/d/b/a AMERICAN
GENERAL CONSUMER DISCOUNT
COMPANY,
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff, No. 08-1541 Civil Term
VS.
MICHAEL L. CROSSON and JUDITH E. CIVIL ACTION -- LAW
CROSSON, Action in Mortgage Foreclosure
Defendants. Mortgage Book 1986, page 3988 et seq.
AFFIDAVIT PURSUANT TO PA. R. CIV. P. 3129.1
PLAINTIFF, American General Financial Services, Inc., t/d/b/a American
General Consumer Discount Company, by its undersigned attorneys, sets forth as of
April 24, 2008 the following information concerning the real estate known as121
Reeser Road, Camp Hill (Hampden Township), Cumberland County,
Pennsylvania 17011:
1. Name and address of owner or reputed owner:
Michael L. Crosson
121 Reeser Road
Camp Hill, PA 17011
Judith E. Crosson
121 Reeser Road
Camp Hill, PA 17011
34134.1
-1-
2. Name and address of each defendant in the judgment:
Michael L. Crosson
121 Reeser Road
Camp Hill, PA 17011
Judith E. Crosson
121 Reeser Road
Camp Hill, PA 17011
3. Name and address of every judgment creditor whose judgment is of
record against the real property to be sold:
American General Financial Services, Inc.
t/d/b/a American General Consumer Discount Company
3809 Paxton Street
Suite 3
Harrisburg, PA 17111-1461
Montour Oil Service Co.
112 Broad Street
P.O. Box 128
Montoursville, PA 17754
PA State Employees' Retirement System
30 North Third Street
Harrisburg, PA 17101
,r
PA State Employees' Credit Union
1 Credit Union Place
Harrisburg, PA 17110
4. Name and address of the last recorded holder of every mortgage of
record against the real property to be sold:
American General Financial Services, Inc.
t/d/b/a American General Consumer Discount Company
3 809 Paxton Street
34134.1 -2-
Suite 3
Harrisburg, PA 17111-1461
5. Name and address of every other person who has any record lien
against the property: None.
6. Name and address of every other person who has any record interest in
the property, whose interest may be affected by the saleNone.
7. Name and address of every other person of whom the Plaintiff has
knowledge who has any interest or potential interest in the property
which may be affected by the sale:
Cumberland County Tax Claims Bureau
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Domestic Relations Office
13 North Hanover Street
P.O. Box 320
Carlisle, PA 17013
Cumberland Valley School District
6746 Carlisle Pike
Mechanicsburg, PA 17050-1796
Hampden Township Sewer Authority
230 South Sporting Hill Road
Mechanicsburg, PA 17050
Maria Huber, Treasurer
Room 101, Hampden Township Building
230 South Sporting Hill Road
Mechanicsburg, PA 17050
I verify that the statements made in this Affidavit are true, correct and
34134.1 -3-
complete to the best of my personal knowledge or information and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa.
C. S. § 4904 which penalizes unsworn falsification to authorities.
Dated: April 24, 2008
r
AUSTIN, BOLAND, CONNOR & GIORGI
By ulp, ?
Clemson , Jr., Esquire
For Plaintiff.
34134.1 -4-
AUSTIN, BOLAND, CONNOR & GIORGI
By Clemson N. Page, Jr., Esquire
Attorney ID 25616 Attorney for Plaintiff
44 North Sixth Street File No. L07999-0102
P.O. Box 8521
Reading, PA 19603
[610] 374-8211 AGFS Account No. 18314311
Fax [610] 372-2361
E-mail: cnpage(u),abcglaw.com
AMERICAN GENERAL FINANCIAL
SERVICES, INC., t/d/b/a AMERICAN
GENERAL CONSUMER DISCOUNT
COMPANY,
Plaintiff,
VS.
MICHAEL L. CROSSON and JUDITH E.
CROSSON,
Defendants.
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 08-1541 Civil Term
CIVIL ACTION -- LAW
Action in Mortgage Foreclosure
Mortgage Book 1986, page 3988 et seq.
MORTGAGORS' NOTICE OF SHERIFF'S
SALE OF REAL PROPERTY
TO:
Michael L. Crosson Date of this Notice:
Judith E. Crosson
121 Reeser Road
Can#p Hill, PA 17011
2008.
Your real estate located at121 Reeser Road, Camp Hill (Hampden
Township), Cumberland County, PA 17011 is scheduled to be sold at a Sheriffs
Sale on Wednesday, September 3, 2008, at 10:00 A.M. prevailing time, at the
Cumberland County Courthouse,1 Courthouse Square, Carlisle, PA in the
location to be posted on the day of sale, to enforce the Court judgment of
$169,146.52, plus interest and costs, obtained against you byAmerican General
Financial Services, Inc., t/d/b/a American General Consumer Discount
Company.
NOTICE OF OWNER'S RIGHTS:
34137.1
-1-
YOU MAY BE ABLE TO PREVENT THIS SALE
1. The sale will be canceled if you pay to American General Financial
Services, Inc. the back payments, late charges, costs and reasonable attorneys' fees
due. To find out how much you must pay, you may call Clemson N. Page, Jr.,
Esquire, attorney for the Plaintiff, at 610-374-8211.
2. You may be able to stop the sale by filing a petition asking the Court to
strike or open the judgment, if the judgment was improperly entered. You may also
ask the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
4. You may need an attorney to help you assert your rights. The sooner you
contact one, the better your chances of stopping or postponing the sale. (See notice
on following page on how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RIGHTS EVEN IF
THE SHERIFF'S SALE DOES TAKE PLACE
1. If the Sheriff's Sale is not stopped or postponed, your property will be sold
to the highest bidder. You may find out the bid price by contacting the Sheriff of
Cumberland County at 717-240-6390.
2. You may be able to petition the Court to set aside the sale if the bid price
was grossly inadequate compared to the value of your property.
} 3. The sale will be completed only if the buyer pays the Sheriff the full
amount due in the sale. To find out if this mas happened, you may call the Sheriff of
Cumberland County at 717-240-6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale had never happened.
5. You have the right to remain in the property until the full amount due is
paid to the Sheriff and the Sheriff records a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
34137.1 -2-
6. You may be entitled to a share of the money which was paid for the
property. A Schedule of Distribution of the money bid for the property will be filed
by the Sheriff thirty (30) days after the sale. This Schedule will state who will be
receiving the money. The money will be paid out in accordance with this Schedule
unless exceptions (statements of reasons why the proposed distribution is wrong) are
filed with the Sheriff within ten (10) days after the Schedule of Distribution is filed.
7. You may also have other rights or defenses, or ways of getting your
property back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW, TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford,Street
Carlisle, PA 17013
610-377-5400 or 800-990-9108
AUSTIN, BQLAND, CONNOR & GIORGI
By
Jr.
For Plaintiff.
34137.1 -3-
Plaintiff: American General Financial Services, Inc.
Defendants: Michael L. Crosson and Judith E. Crosson
Attorney for Plaintiff: Clemson N. Page, Jr., Esquire
610-374-8211
Judgment Amount: $169.292.77
ALL THAT CERTAIN lot, piece or parcel of land, situate in Hampden Township,
Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the Eastern side of a forty (40) foot street known as
Reeser Road where the Northern line of premises now or formerly of Fred W. Schmiedel
and Margaret E. Schmiedel, husband and wife, intersects with the Western line of the
premises now or formerly of F. Lester Hale and Lulu M. Hale, husband and wife; thence
along the Eastern side of Reeser Road, North 17 degrees 30 minutes West 146.59 feet to a
point at the line of other premises now or formerly of F. Lester Hale and Lulu M. Hale,
husband and wife; thence along the said last mentioned property line North 89 degrees 45
minutes East 174.87 feet to a point at the Western line of premises now or formerly of
Harry C. Diffenderfer and M. Jane Diffenderfer, husband and wife; thence along said last
mentioned property line, South 00 degrees 15 minutes East 140.00 feet to a point at the
Northern line of premises now or formerly of Fred W. Schmiedel and Margaret E.
Schmiedel, husband and wife; and thence along said last mentioned property line South 89
degrees 45 minutes West 131.4 feet to a point, the place of BEGINNING.
HAVING THEREON ERECTED a single dwelling house being known and
numbered as 121 Reeser Road, Camp Hill, Pennsylvania.
TAX PARCEL No. 10-21-0277/014.
,1
TO BE SOLD AS the property of Michael L. Crosson and Judith E. Crosson,
husband and wife.
TO BE SOLD AS the property of Michael L. Crosson and Judith E. Crosson husband and
wife.
34057.1
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-1541 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due AMERICAN GENERAL FINANCIAL SERVICES,
INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff (s)
From MICHAEL L. CROSSON and JUDITH E. CROSSON
(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 $169,146.52 L.L.$ 0.50
Interest 4/22/08 to 4/24/08 - 1+1,,..25 -- 4c} eftr with All C06t5 and iniere5t from
Atty's Comm % Due Prothy $2.00 'i/26/" Vy t. -76 Per day)
Atty Paid $176.06 Other Costs
Plaintiff Paid
Date: 4/25/08 Aft
rothonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: CLEMSON N. PAGE, JR., ESQUIRE
Address: AUSTIN, BOLAND, COMMOR & GIORGI
44 NORTH SIXTH STREET
PO BOX 8521
READING, PA 19603
Attorney for: PLAINTIFF
Telephone: 610-374-8211
Supreme Court ID No. 25616
Real Estate Sale # 28
On May 12, 2008 the Sheriff levied upon the
defendant's interest in the real property situated in
Hampden Township, Cumberland County, PA
Known and numbered as 121 Reeser Road, Camp Hill,
more folly,described on Exhibit "A" -?'-?
filed with this writ and by this reference
incorporated herein.
Date: May 12, 2008
By:
Real Es Sergeant
0E =ZI d 01 8dV 8001
bd ? 16^? 1?? ?? ;
','he Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8292
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
the Patriot News
Now you know
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Michael J. Morrow, being duly sworn according to law, deposes and says:
'chat 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
What 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 fo- said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
` 07/23/08
07/30/08
08/06/08
Sworn to an scri d before e t ' 20 y of August, 2008 A.D.
Notary Public
C =41y PEna?snvANIA
Nov. 226, t
er, Pr^eft4Vida Auoc1ljj? or Nobwla
Real Estate Sale No. 28
Writ No. 2008-1541 Civil Term
American General Financial
Services, Inc.,.t/d1h/a American
General Consumer Discount
Company
VS
Michael L. Crosson and
Judith E Crosson
A#ornsy: Ch nmson Paps, Jr.
LEGAL DESCRIPTION
Plaintiff: American General Financial Services,
Inc.
Defendants: Michael L. Crosson and Judith E.
Crosson
Attorney for Plaintiff: Clemson N. Page, Jr
Esquire 610-374-8211
Judgment Amount: $169,292.77
ALL THAT CERTAIN lot, piece or parcel of
land, situate in HampdenTownship, Cumberland
County, Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at a point on the Eastern side of a
forty (40) foot street known as Reeser Road
where the Northern line of premises now or
formerly of Fred W. Schmiedel and Margaret E.
Schmiedel, husband and wife, intersects with the
Western line of the premises now or formerly of
F. Lester Hale and Lulu M. Hale, husband and
wife; thence along the Eastern side of Reeser
Road, North 17 degrees 30 minutes West 146.59
feet to a point at the line of other premises now
or formerly of F. Lester Hale and Lulu M. Hale,
husband and wife; thence along the said last
mentioned property line North 89 degrees 45
minutes East 174.87 feet to a point at the
Western line of premises now or formerly of
Harry C. Diffenderfer and M. Jane Diffenderfer,
husband and wife; thence along said last
mentioned property line, South 00 degrees 15
minutes East 140.00 feet to a point at the
Northem line of premises now or formerly of
Fred W. Schmiedel and Margaret K Schmiedel,
husband and wife; and thence along said last
mentioned property line South 89. degrees 45
minutes West 131.4 feet to a point, the place of
BEGINNING.
HAVING THEREON ERECTED a single
dwelling house being known and numbered as
121 Reeser Road, Camp Hill, Permsylvania.
TAX PARCEL No. 10-21-02771014.
40 BE SOLD AS the property of Michael L.
Crosson and Judith E. Crosson, husband and
wife.
TO BE SOLD AS the property of Michael L.
, rosson and Judith E. Crosson, husband and
wife.
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.
Lisa Marie C e, Editor
SWORN TO AND SUBSCRIBED before me this
--!-day of August, 2008
r
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My CommlSSion Expires Apr 28, 2010
RZAL WTATZ EAL= NO. 98
Writ No. 2008-1541 Civil
American General Financial
Services, Inc., t/d/b/a
American General Consumer
Discount Company
VS.
Michael L. Crosson and
Judith E. Crosson
Atty.: Clemson Page, Jr.
Judgment Amount: $169,292.77
ALL THAT CERTAIN lot, piece or
parcel of land, situate in Hampden
Township, Cumberland County,
Pennsylvania, bounded and de-
scribed as follows, to wit:
BEGINNING at a point on the
&wtein side of a forty (40) foot street
`known as Reeser Road where the
Northern line of premises now or
fir of 4'?md W. Sc.ksmisdel and
Margaret & 3chmiedel, husband'
and wife, intersects with the Western
line of the premises now or formerly
of F. Lester Hale and Lulu M. Hale,
husband and wife; thence along the
Eastern side of Reeser Road, North
17 degrees 30 minutes West 146.59
feet to a point at the line of other
premises now or formerly of F. Les-
ter Hale and Lulu M. Hale, husband
and wife; thence along the said last
mentioned property line North 89
degrees 45 minutes East 174.87
feet to a point at the Western line of
premises now or formerly of Harry C.
Diffenderfer and M. Jane Diffender-
fer, husband and wife; thence along
said last mentioned property line,
South 00 degrees 15 minutes East
140.00 feet to a point at the Northern
line of premises now or formerly of
Fred W. Schmiedel and Margaret E.
Schmiedel, husband and wife; and
thence along said last mentioned
property line South 89 degrees 45
minutes West 131.4 feet to a point,
the place of BEGINNING.
HAVING THEREON ERECTED a
single dwelling house being known
and numbered as 121 Reeser Road,
Camp Hill, Pennsylvania.
TAX PARCEL No. 10-21-0277/
014.
TO BE SOLD AS the property of
Michael L. Crosson and Judith E.
Crosson, husband and wife.
TO BE SOLD AS the property of
Michael L. Crosson and Judith E.
Crosson, husband and wife.