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Home My WebLink About04-0406 Vs. RICHARD A. WEISS, Mortgagor and real owner, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 01.{ - J.fOt.. ciolL ~~ CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE MID PENN BANK Plaintiff NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CENTRAL PENNSYLVANIA LEGAL SERVICES 213-A North Front Street Harrisburg, P A 17101 1-800-932-0356 NOTICIA Le han demandado a usted en la corte. Si usted quiere defendense de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualguier gueja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABODAGO INMEDIATAMENTE. SINO TIENA ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CENTRAL PENNSYLVANIA LEGAL SERVICES 2] 3-A North Front Street Harrisburg, PA 17101 1-800-932-0356 G:\WP\J)OCICIV_fLE\FORECLOS,FLE\.'ill'R.Wein,C1nplt MID PENN BANK Plaintiff Vs. RICHARD A. WEISS, Mortgagor and real owner, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYL VANIA fJ Cc....,...... NO. 04 - 4t:l.- L:JL,~ 1f14-7 CIVIL ACTION - LAW ( IN MORTGAGE FORECLOSURE COMPLAINT L The Plaintiff, Mid Penn Bank, Mortgagee, is a banking corporation having its principal place of business at 349 Union Street, Millersburg, Dauphin County, Pennsylvania. 2. The Defendant, Richard A. Weiss, Mortgagor, is an adult individual residing at 124 Salem Church Road, Hampden Township, Cumberland County, Pennsylvania, and is the owner ofthe premises as hereinafter described. 3. On or about July 28,2000, Defendant executed a Note ("Note") whereby Defendant promised to pay Mid Penn Bank the principal amonnt of Ninety-Four Thousand Four Hnndred Dollars ($94,400.00) together with interest thereon at the annual percentage rate of9.5% in the manner provided therein. A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference. 4. Mid Penn Bank's right, title and interest in the Note has not been assigned or othelWise conveyed. 5. The obligation evidenced by the Note is secured by a Mortgage dated July 28, 2000, ("Mortgage") given by Defendant to Mid Penn Bank encumbering certain real property located in Hampden Township, Cumberland County, Pennsylvania, as more G:\ WPIDOClctv.FLE'J'OREL1.0s.F1,E\MPR,W.;"cmplt particularly described therein ("Premises"), which Mortgage is in the principal sum of $94,400.00 payable on August 1,2005. Said Mortgage was recorded in the Office for the Recording of Deeds in and for Cumberland County in Record Book 1630, Page 1031. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and incorporated herein by reference. 6. The premises subject to the lien of the Mortgage are described as follows: BEGINNING at a point in the center line of a public road known as the Salem Church Road (Township Road No. 604) which said point is at the point of intersection of said center line which the Southern right-of-way line of an easement held by the United States Government and used as a drainage ditchby the United States Naval Supply Depot, Mechanicsburg, Pennsylvania, thence along the center line of the Salem Church Road, South 02 degrees 50 minutes West 222.20 feet to a point in the line oflands now or late of Lowell Metzer; thence along the line of said land now or late of Lowell Metzer, South 87 degrees 42 minutes East 149 feet to a point in the right-of-way line of the United States Government and used by the Naval Supply Depot as a drainage ditch, aforementioned; thence along the right-of-way line of said drainage ditch easement North 04 degrees 43 minutes West 13.80 feet to a stake; thence by the same, North 26 degrees 28 minutes West 186.88 feet to a stake; thence still said right-of-way line, North 50 degrees 12 minutes 45 seconds West 69.90 feet to a point marked by a nail in the center line of Salem Church Road, (T -604) aforementioned, at the point and place of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick and frame dwelling house, known as No. 124 Salem Church Road, Mechanicsburg, Pennsylvania, 17055. 7. Said Mortgage is in default because the Defendants have failed to make the monthly payments on a regular basis and payment on the loan is more than 165 days past due. 8. As of January 13, 2004, the following amounts are due on the said Mortgage: a. Principal b. Interest from 7/1/03 - 1/13/04 at 9.5% $ 92,756.30 4,683.74 G\WP\DO(.'\CIV ,FLE-FORECLUS,FLE"MPB.WeiS5.W'P!t c. Attorney collection fee 3,000.00 d. Late fees 132.55 TOTAL $100,572.59 9. The Plaintiff has given the Defendant herein all notices as required in accordance with Sections 403 an 404 of the Act of January 30,1974, P.L 13, 41 P.S. 403 and 404, copies of which are attached hereto, made a part hereof and marked as Exhibit "C". WHEREFORE, the Plaintiff demands judgment against the Defendant in the sum of $100,572.59 plus interest from January 13,2004, to date paid and costs of suit ~/aL~ Christian s. Da;~nv. 105 N. Front Street Harrisburg, P A 17101 (717) 234-5600 Supreme Court 1.D. 47741 Attorney for Plaintiff G:\WP\I)OC~CIV.FLE\FORECLUS_l'LE\MPB_ We;,",omplt ./ NOTE .0J:Yx. .?~.,.. .?.Q.QQ.... [Oat$l HARRISBURG ......................ICitvi. PENNSYLVANIA .. ......... '.,..... 'is;~i~i .1-.?1 .~.!;!!w.Q\.fl9.@.,. ..~i:Rf!\ffi,.. .~J>. P'Q.!1~... IPropertyAddressl \. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $.~1.~~P9.:QR.... is called "Principal"), plus interest. to the order of Lender. Lender is~R..~..~.. ..... (this amount i' ~'~~i~~~~d' ~h~~' L~~d~~' ~~' ~~~~f~'~ 'thi~' N~;~: '~'d~~'~;' ~~~~; '~h~ 't'~k~ ';h;~' N~~~' i;;' ~;~~f~~' ~d who is entitled to receive payments under this Note i!l called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount o~f_lj!1~alhas been paid. I will pay interest at a yearly rate of ...........~...?9.Q.. %. Interest will be charged beginning on .~f...~-'...?Q.QQ........."..................... . The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Periodic Payments I will pay principal and interest by making periodic p~ments when scheduled: XX I will make 59 '" payments of.$ .7.~...~7.7............................................ each on the ......... :::::::::::::::::':~~':':'::::':':':::::::::::::::::::::::.~~.~~='~~':~~:i:::}QQQ:::::::::: o I will make payments as follows: XXln addition to the payments described above. I will pay a "Balloon Payment" of.$ .~+'l.€?~~:.~.~................... on .~..+.....~.9.Q::?.................... . The Note Holderwil1 deliver or mail to me notice prior to maturity that the Balloon Payment is due. This notice will state the Balloon Payment amount and the date that it is due. (B) Maturity Date and Place or Payments I will make these payments as scheduled until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My periodic payments will be applied to interest before Principal. If, on ...........~$J'.J:t..~RR-?................................................. I still owe amounts under this Note, 1 will pay those amounts in full on that date. which is called the "Maturity Date." I will make my periodic payments at ;4:Q~~..~Y..m:I..~~/...~~. ..+.7.],.;1;;1, ....................................................................................,...........,............................................ .,.......................................................................................................,..........................,......... ............................................. or at a different place if required by the Note Holder. 4. BORROWER'S R1GIIT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment. I will te1\ the Note Holder in writing that I am doing so. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use all of my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount. before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law. which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest Or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal. the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge fol' Ovel'due Payments If the Note Holder has not received the full amount of any periodic payment by the end of J.!?,.. calendar days after the date it is dUe. I will pay a late charge to the Note Holder. The amount of the charge will be .... '~'" R9.9.. % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) DerauIt If I do not pay the full amount of each periodic payment on the date it is due, I will be in default. (C) Notice of OerauIt If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay inunediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. Exhibit "A" (.". (:f,..g,,)~ MULTIPURPOSE FIXED RATE NOTE IMULTISTATEI g.......... SV51.ms, In~.. St. Claud. MN FOl"m MPFR-MN 3/812000 ,.f,MPFR_PR (E) Payment of Noce Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by Applicable Law, Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given 10 me under this NOle will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(8) on page I of this Note or at a different address if r am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay aU of the amounts owed under this Note. 9. WAIVERS r and any other person who has obligations under this NOle waive the rights of Presentment and Notice of Dishonor. ~Presentment" means the right to require the Note Holder to demand payment of amounts due. ~Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. SECURED NOTE In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the ~Security Instrument~), dated the same date as this Note, protects the Note Holder from possible losses which might result if [ do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts r owe under this Note. Some of those conditions are described as follows: Transfer or the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by Applicable Law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower nolice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permiued by this Security Instrument without further notice or demand on Borrower. 11. BALLOON PAYMENT DISCLOSURE [Complete the Balloon Payment notice below if this Note provides for a Balloon Payment at Section 3(A) on page 1 of this Note.} THIS LOAN IS PAYABLE IN FULL .............w...N.P.!m.Ji...?9.q2.-................................................ ..................................................................................................~T..i1!\w.mT.!:.. I MlIST REPA Y THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DlIE, WHICH MAYBE A LARGE PAYMENT. LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME, I WILL, THEREFORE, BE REQIJIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT I MAY OWN. OR I WILL HA YE TO FIND A LENDER, WHICH MAYBE THE LENDER I HA YE THIS LOAN WITH, WILLING TO LEND ME THE MONEY. IF I REFlNANCE THIS LOAN AT MATURITY, I MA Y HA VE TO PA Y SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF I OBTAIN REFINANCING FROM THE SAME LENDER. WITNESS THE HAND(S) A~D S ) THE UNDERSIGNED. . '''IT'A~ RiGiAAii~~Isi; tJJ\HH. ....H ......,~. H(Seal) 80rmwer ...(Seal) .Borrower [Sig1l Original a,tly] Bon..... Sy.l...,.,., Inc.. Sl. Cloud. MN Form MPFA.MN 318 (p/Jge 2 of 2 p8gflSJ 1-'> >" ./ :J /042 <- ,-_. n _. . ;';:';';0,-'- " ~.: .,1 : ~: E:~ ~..:: ' " ':':> ......1 'GO AUG Li I ,. - ~J~ _ -- V 'JI,.,:~'/':~'i' _.... .. 1'4 ?!? J 10 [Space Above This Line For Recording Datal MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, II, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this dO~iCh is dated .~X..?f!L?999.................................... together ~~.~lo~::;r~? :i~~~+.9~/"W..................................................................................... B~;;;~~;;~.ili~.~~~~d;~.lli;~.s;~~;:............................................................................. . (C) "Lender" is .................~........................................................................................ . Lender is a .................................................................................................... organized and existinlt under the laws of ~..~..9.I!'..~g!.N~N;Il\,................................ . Lender's address is :~.9i1!U?~Y...9..(.................... ~~t..?!l-....Fn+.......................................... Lender is the mortBagee under this Security Instrument. (D) "Note" means the promissory note s~ Borrower and dated .~X..?f!,...?.99.................................. . The Note states that Borrower owes Lender .............~..~..~.~..~..NQI..1:9.9.~..~.:~...~..~..:~... ~...~..~..~..~..~...~..~...~..~..~..~..~..... Dollars (U.S. $ .~:'!t.~.9.9...9.9.............) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full nOllater than ..~..;L.,..~9.9.'?.................... '. -~ (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all swns due under this Security Instrument, plus interest. (G) "Riders" means all riders to this Security Instrument that are executed by Borrower. The following riders are to be executed by Borrower [check box as applicable]: o Adjustable Rate Rider 0 Condominium Rider :!Ql: Balloon Rider 0 Planned Unit Development Rider o 1-4 Family Rider 0 Biweekly Payment Rider (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable fmal, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic tenninal, telephonic instrument, computer, or magnetic tape so as to order, instruct. or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (1.) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT fi e,""" S"<om,, ,",.. S.. CI",. MN 'O'm MO.'.PA 2/10/2000 Ipage , of 11 pag.s} ~ BOtld6JO P4cEi031 o Second Home Rider o Other(s) [specify] ...................... Form 3039 3(99 111I111111I11I11111~1I1111111l1 Kf2AO Exhibit "B" BEGINNING at a point in the center line of a public road known as the Salem Church Road (Township Road No. 604) which said point is at the point of intersection of said center line which the Southern right-of-way line of an easement held by the United States Government and used as a drainage ditch by the United States Naval Supply Depot, Mechanicsburg, Pennsylvania' thence along the center line of the Salem Church Road, South 02 degrees 50 minutes West 222.20 feet to a point in the line of lands now or late of Lowell Metzer; thence along the line of said land now or late of Lowell Metzer, South 87 degrees 42 minutes East 149 feet to a point in the right-of-way line of the United States Government and used by the Naval Supply Depot as a drainage ditch, aforementioned; thence along the right-of-way line of said drainage ditch easement North 04 degrees 43 minutes West 13.80 feet to a stake; thence by the same. North 26 degrees 28 minutes West 186.88 feet to a stake; thence still by said right-of-way line, North 50 degrees 12 minutes 45 seconds West 69.90 feet to a point marked by a nail in the center line of Salem Church Road. (T-604) aforementioned, at the point and place of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick and frame dwelling house, known as No. 124 Salem Church Road, Mechanicsburg, Pennsylvania. 17055. EXHIBIT A - LEGAL DESCRIPTION (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on. the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note. plus (ii) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 V.S.C. ~2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Pan 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument. "RESP A" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property. whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and an renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For ~~. ~Frr~ h~, ~d convey to Lender the fol1owing described property located in the ......... ...... ... ...... .... .... ....... .... ..... ...... .... ...... ........... ....... ..... .... ...... ...... ...... '.." .... .............. ...... .... of {Tvpe of Recording Jurisdiction] CU1l3ERIAND c:aJNTY . .............................. '[N~m~ '~i A~~~~dj~g 'j~;i~d'icti'c;~j"""""""""""""'" SEE: EXHIBIT 'A' A'ITACHE:D HEREro AND MADE A PART HEREOF. which currently has the address of .+;?!!..~..(;:!w.gqU~~..................................................................... [Street] .~~....................................... Pennsylvania ..J.79~~............................. ("Property Address"): [City] [Zip Codel TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances. and fixtures now or hereafter a pan of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawful1y seised of the estate bereby conveyed and has the right to mortgage. grant and convey the Property and that the Property is unencumbered. except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands. subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ;7. Form 3039 3/99 (pBge 2 of 11 pages) ~ Blnk.!lrs Systems,lnc., St. Cloud, MN Form MD.,.PA 2/10/2000 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to forecIosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the fOllowing order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a swn (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and a ~orm 3039 3/99 (page 3 of 11 pages) ~ PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Bankers Systems, Inc., St. Cloud, MN Form MD-'.PA 2/10/2000 agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section IS and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to pennit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Baak. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law pennits Lender to make such a charge. Unless an agreement is made in writing or A~plicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnmgs on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defmed under RESP A, Lender shall account to Borrower for the excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than twelve monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESP A, but in no more than twelve monthly payments . Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fmes, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Co=unity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items. Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender. but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by. or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, cenification and tracking services; or (b) a one-time charge for flood zone determination and certification ,~;= '"' ~,.,~, _. ""'" '"'" _, " _. ~... _ wm'" _~ "'= '"'" PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 3/99 SankSf5 Systems, Inc., St. Cloud, MN Form MD-l.PA 2/10/2000 (page 4 of 11 pages! detennination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the swns secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may me, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 3D-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's controL 7. Preser..ation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is detennined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower sball promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~ For;n 3039 3/99 Bank.ers Systems. Inc;., St. ClOUd, MN Form MD-l-PA 2/10/2000 (fJage 5 of 11 PBgesJ ~ shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate infonnation or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or Obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shaII be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in fulI, and Lender shall not be required to pay Borrower any interest or earnings on such loss .reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such tennination or until tennination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. 12. Fo?" 3039 3/99 {page (j of 1 f p~gesJ F PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Bankers Systems, Inc.. St. Cloud, MN Form MD-,-PA 2110/2000 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security wonld be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking. destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: <a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defmed in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award Or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any rigbt or remedy. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT d ~orm 3039 3/99 (page 7 of 17 pages) ~ Sankers SySTems. Inc., St. Cloud, MN F=arm MD-l-PA 2/10/2000 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co_signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the tenus of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finalIy interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the pennitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shal! not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT f2 ,rm 3039 3/99 (page 8 of 11 pages) -f=I1Jt!L- Bankers SYStems. Inc., St. Cloud, MN Form MO,'-PA 2/10/2000 18. T1-ansfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay sucb reinstatement sums and expenses in one or more of the fOllowing fonns, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any sucb check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and perfonns other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one Or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESP A requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reasOn of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportUnity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ;;J Form 3039 (page 9 of 71 "ages} ~ 3/99 Bankers Systems, Inc" St. Cloud, MN FOrm MD-l-PA 2/10/2000 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any g6vernmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly talce all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or furore laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 0. Fo;m 3039 3/99 (page 10 of 11 pages) ~ Blinkers Systems, Inc., St. Cloud, MN Form MD-,-PA 2110/2000 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: ~~d..(................. ..... .... ...............@wm. .............................. (Seal) ~...A=:@.m....._::; [Space Below This Line For Acknowledgment! COMMONWEALTH OF PENNSYLVANIA, ~............................ County ss: . I~_ On this, the ......?~W. day of ....~Xl..~RR9.............................., before me, ...l:~~T ....................... ................................ the undersigned officer, personally appeared m;~>f/I~;I;~$.<.....i.. '. .... .................... ..................... ................... ................ ................................ ...............:.. ...... 1m me or satisfactorily proven) to be the person ........ whose name .....................+.$...................... subscribed to.. wi' instrument and HE' acknowledged that ................................................... executed the same for the purposes her. contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. \ NOulli.IStt.L..".~.......,......../lhrOuD.Q~~~....... Darta C. Parmerj Notary Pupln; Lemoyne Bora. Cumberland County My COmmisslOl1 Explras Dec. 29, 2001 Member PennsylVania P,.aocIaUon.otNotab",.... .............................. .................,....... , Title of Officer IT IS HEREBY certified that the address of the mortgagee in th w thin mortgage is .4!?~?,P~y.~,...................... HARRISBURG PA 17111 'm~E~,,~~- My Commission expires: PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Bankers Systems, Jnc., St. Cloud, MN Form MD.'-PA 2/10/2000 Form 3039 3/99 (page 11 of 11 pages) PAYMENT RIDER THIS PAYMENT RIDER is made this ....2a.W........ day of ....,Jl.)LY,..2QO.O............ and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Note to .MlP..f'J:m.~,..~ZE:O..~.~..l.lNJ;lEIL'UlE....... .~5. Qf..:me. .sm:re. .Of. .~V1\l:W\.. .-a.QQe. .~. .SL.. B1\R!USSQRG,.. .:E'1\.... l7.lU....... .............................................................................................................. ("Lender") of the same date and covering the property described in the Security Instrument and located at: .Uil. .SllLEM..c:HUaCH. ROW.. .l".IEOJMUCSBUl.<l3... Ell... J,7Q5.5.............................................. [propertY Address] ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PERIODIC PAYMENTS OF PRINCIPAL AND INTEREST The Note provides for periodic payments of principal and interest as follows: 3. PAYMENTS (A) Periodic Payments I will pay principal and interest by making periodic payments when scheduled: IDeI will make ...............5S1........... payments of $ ...7.':7'.!...n....................................... each on the . .." ..... .l;n:.... ............................... ........................ ................ ...... ........ of each .. ... ... ..~... '" ...... ...... ........ ......... .., ....... ..,........ ............... ...... ...... ........ ....................................... beginning on ...........................~..l,..2QO.O...... . o I will make payments as follows: roc In addition to the payments described above, I wilI pay a "Balloon Payment" of $ ...n..6M.,QS.............. on ...~.l...20.0S............................. . The Note Holder will deliver or mail to me notice prior to maturity that the Balloon Payment is due. This notice will state the Balloon Payment amount and the date that it is due. (B) Maturity Date and Place of Payments I wilI make these payments as scheduled until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My periodic payments will be applied to interest before Principal. If, on ..........., .N.PlJS.'I'..J... ..:?OQS.........., I still owe amounts under this Note, I wilI pay those amounts in full on that date, which is called the "Maturity Date." MULTIPURPOSE FIXED RATE PAYMENT RIDER (MULTISTATEj Banker$ Systems, Inc., St. Cloud, MN Form MPFR-PR 3/812000 ref: MF'FR-MN (pege 1 of 2 peges) ~ I will make my periodic payments at ... .1Q$l.S. .OERRY..S.!J.. ~s:mJl<.GJ.. EA.. . nUl. ......... ........................................................ or at a different place if required by the Note Holder. ~ B. FUNDS FOR TAXES AND INSURANCE Uniform Covenant 3 of the Security Instrument is waived by Lender. .... ..... ............'''-.1.;':........................... (Seal) RI . ss~.:;;~!'I'''''' .Bono"." .~ .................'... ...... .......................... (Seal) . .' -BOlT(Iwet BY SIGNING BELOW, Borrower accepts and agree this Payment Rider. Bankers Systems, Inc., St, Cloud, MN Form MPFR.PR 3/812000 (page 2 of 2 pBges) COMBINED ACT 911ACT 6 NOTICE DATE: 12/09/2003 HOMEOWNER'S NAME(S): Richard A. Weiss PROPERTY ADDRESS: 124 Salem Church Rd. Mechanicsburg, PAl 7055 CREDITOR: Mid Penn Bank, 349 Union S1. Millersburg, P A LOAN ACCT. Number 9800962 YOUR MORTGAGE IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE YOUR LENDER MAY FORECLOSE AND YOU MAY LOSE YOUR HOME IF YOU WANT TO SA VE YOUR HOME FROM FORECLOSURE, YOU MUST TAKE ACTION NOW BY EITHER: 1. CURING THE DEFA ULT-- This notice explains the nature of the default and your rights to protect your interest in your home (See Section 403 of the Act of January 30, ] 974 (P. L 13, No.6), 4 I P. S. Section 403); OR 2. APPLYING TO THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM FOR FINANCIAL ASSISTANCE WHICH CAN SA VE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS--Read this notice to find out how the program works. You must meet with a Consumer Credit Counseling Agency within 30 (Jays of the date of this notice in order to apply. See Act of December 23, 1983 (P. L 385, No. 91), 35 P. S. Section 1680.20lc-I680.409c. If you need more information, call the Pennsylvania Housing Finance Agency at 1-(800)- 342-2397. LA NOTlFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCClON INMEDIA T AMENTE LLAMANDO EST A AGENCIA (PENNSYL VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Exhibit "e" EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE 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 EMERENCY MORTGAGE ASSISTANCE IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. PLEASE READ ALL OF THIS NOTICE. IT CONTAINS AN EXPLANATION OF YOUR RIGHTS. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to 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 "fact-to-face" meeting with a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (JO) DAYS. HOW TO CONTACT THE CREDITOR: Name of Creditor: Mid Penn Bank Address: 349 Union Street MiIlersburg, P A 17061 Phone Number: 717-692-2133, ext. 136 Contact Person: Larry L. Novinger CONSUMER CREDIT COUNSELING AGENCY--Ifyou meet with your creditor or with a consumer credit counseling agency identified in this notice, the creditor may NOT take action against you for thirty (30) days after the date of this meeting. The names and addresses oldesignated consumer credit counseling agencies for the county in which the properly is located are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. Advise your creditor immediately of your intentions. APPLICA nONS FOR MORTGAGE ASSIST ANCE-- Your mOligage is in default for the reasons set forth in this Notice. If you have tried and are unable to resolve this problem with the creditor, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must till out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed on the attachment Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET 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 It is extremely important that your application is accurate and complete in every respect The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. THE PENNSYLVANIA HOUSING FINANCE AGENCY IS LCOA TED AT 2101 NORTH FRONT STREET, POST OFFICE BOX 8029, HARRISBURG, PENNSYLVANIA 17105. TELEPHONE NO. (717) 780-3800 OR 1-800-342-2397 (TOLL FREE NUMBER). PERSONS WITH IMPAIRED HEARING CAN CALL (717) 780-1869. HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT--The MORTGAGE debt held by the above creditor on your property located at 124 Salem Church Rd, Mechanicsburg, PA is seriously in default because: A YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts are now past due: Payments of Principal and Interest:$3,968.85 Escrow charges: Late charges: $ 92.87 Attorney Fees/costs: Other charges (explain): TOTAL AMOUNT PAST DUE: $4,061.72 HOW TO CURE THE DEFAUL T--You may cure the default within THIRTY (30) DA YS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE to the creditor plus any additional monthly payments and late charges which may fall due after the date of this notice and date you make your payment. Payments must be made either by cash, cashier's check, certifIed check or money order made payable and sent to: Mid Penn Bank 349 Union Street Millersburg, PA 17061 IF YOU DO NOT CURE THE DEFAULT--Ifyou do not cure the default within THIRTY (30) DA YS of the date of this Notice, the creditor intends to exercise its right 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 mOligage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the creditor also intends to instruct its attorneys to start a lawsuit 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 creditor refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the creditor even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the creditor, which may also include other reasonable costs. ff you cure the default within the THIRTY (30) DA Y period, you will not be required to pay attorney 'sfees. OTHER CREDITOR REMEDIES--The creditor 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--Ifyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, YOll still have the right to cure the default and prevent the sale at any time lip to one hour before the Sheriff's Sale. You may do so by paying the total amount plus any late or other charges then due, reasonable attorney 'sfees and costs connected with the foreclosllre sale and any other costs connected with the Sheriffs Sale and by perjiJrming any other requirements under the mortgage. EARLIEST POSSIBLE SHERIFF'S SALE DA TE--It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately three months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait You may find out at any time exactly what the required payment or action will be by contacting the creditor. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the creditor at the address set forth above. 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 tbe property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be stmied by the creditor at any time. OTHER RIGHTS THAT YOU HA VE-- Y ou have additional rights to help protect your interest in the property: YOU ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PA Y OFF THIS DEBT. * TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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. CONTACT THE CREDITOR TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. * 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 DEF AUL T HAD OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE CREDITOR. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S.A 94904 relating to unsworn falsification to authorities. D"'d~ ,Jqqa)l/ 4!f.~Adj","" MId Penn Bank a;\WPlDoc\CrVFLE\FORECLOS,FLB\MPB. Wei.., <",pit 7V P -6Q. ~ it f[ Ul 0 ~ ~ = 0 ,- = -n -e- ...... .t:: CI1 -::: {~'": "-- :i! ~ ,- :;7:_ ~ :2; mild cY , -o~ ~i: c.) ~ -..() p:! r-: C> If'\ ~:; ,> :i!-;.j -4 "'--' ::r: 9.0 :'r:-- (~: <-fTl L ~ ~ i? --I N :.t --< .:;- -< '--t:- SHERIFF'S RETURN - REGULAR CASE NO: 2004-00406 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MID PENN BANK VS WEISS RICHARD A SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WEISS RICHARD A the DEFENDANT , at 1954:00 HOURS, on the 12th day of February, 2004 at 124 SALEM CHURCH ROAD MECHANICSBURG, PA 17055 RICHARD WEISS by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 13.80 .00 10.00 .00 41.80 Sworn and Subscribed to before me this ~l? ~ day of }-J,......./ .2110'1 A.D. CL'.<.,Q.~W TTprothonotary , So Answers: ~~~ R. Thomas Kline 02/18/2004 EARL ETZWEILER. . ?fl. ... By: rl / ~ ' ~A/lP' . Deputy Sheri f Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. MID PENN BANK, vs. NO. 04-406 CIVIL TERM CIVIL ACTION - LAW RICHARD A. WEISS, Defendant IN MORTGAGE FORECLOSURE PRAECIPE FOR DEF AUL T JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant in the action above-captioned for failure to file an Answer to the Complaint within 20 days after service thereof, see Sheriffs Return filed, and within 10 days after notice of default was forwarded to the Defendant, which notice was mailed on March 5, 2004, and assess damages as follows: Principal amount due $92,756.30 Interest from 711/03 to 1113/04 4,683.74 at 9.5% per annum Attorney collection fee 3,000.00 Late fees 132.55 $100,572.59 And costs. ~AJ{)~ Christian S. fialghir, Esquire 105 N. Front St. Harrisburg, PA 17101 (717) 234-5600 AND NOW, this ;2I.~ay of fl7'::Jbr"- ' 2004, judgment by default was entered in favor of Plaintiff and against the Defendant in the action above- captioned in the amount of $100,572.59 together with interest at the rate of 9.5% per annum. ..c.~A"~:-3,~t~ Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. MID PENN BANK, vs. NO. 04-406 CIVIL TERM CIVIL ACTION - LAW RICHARD A. WEISS, Defendant IN MORTGAGE FORECLOSURE NOTICE OF INTENT TO ENTER JUDGMENT TO: Richard A. Weiss, Defendant DATE OF NOTICE: March 4,2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRlTTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRlTING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FOR THE AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RlGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CENTRAL PENNSYLVANIA LEGAL SERVICES 213-A North Front Street Harrisburg, P A 17101 1-800-932-0356 ETZWEILER AND ASSOCIATES By Christian S. Daghir 105 North Front Street Harrisburg, P A 17101 (7 I 7) 234-5600 G:\WPlDOaCIV.FlE\FORECLOS,FLElwpb-wein,IOcby_I>.txl A VISO IMPORTANTA A: Richard A. Weiss (Defendido) FECHA DEL A VISO: March 4, 2004 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMP ARECENCIA POR SI MISMO 0 A TRA VES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTATDO CONTRA USTED. A MENTOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE A VISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIAT AMENTE. SI US TED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA, ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CENTRAL PENNSYL VANIA LEGAL SERVICES 2l3-A North Front Street Harrisburg, P A 1710 1 1-800-932-0356 ETZWEILER AND ASSOCIATES By Christian S. Daghir, Esquire 105 North Front Street Harrisburg, P A 17101 (717) 234-5600 G:\WI'.DOClCIV, FLEI FORECLOS, FLEImpl'-wei... lUday, wpd u.s. POSTAL SERVICE CERTIFICATE OF MAILING Affiy f_ here in stamps MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIl., DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: EtZ1.,p.II~,... + Al)~OdQ-t-~s IDS )lD"~ Froni:' 5i:r.......c 1 H4t"n'shur~1 PA-/710J. One piece of ordIrwy m8II addressed to: 'Ri ena.rcl A. we;5S 1~1.{ .-;" t,J'I'1 ChlA.re.h Reo 'Q. AedlOVl,.csbfArg ,,oA {7tJss ,...--~ / ;;: c." i = ;;\ I.\J -:-; tl>> t.., ~/ \. d c::/ " ,'- ,!y ~~_.... \ .<1 ,~r fS;<~f: ~."~/ Ei:;]l__~w_. '<" ,. 'e ,/-" PS Form 3817, January 2001 \ ) l (J "<l t^(l~ - '- "1D R~~v ~ ~ -.0 p::::. P::'~ + I ) C2 ~~ <". ..,: r!":t;,~ "",')'. t.;j ,"':' '!:.~~ ~ ~ c::? ~ --< :::!: i:-r; ~ r11p ?:' :g '9 ~ c.~ ()_ ::!~ ~~ {~, -- -.:\ .. ':1 (.n -' MID PENN BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERlAND COUNTY, PENNA. VS. NO. 04-406 CIVIL TERM CIVIL ACTION - LAW RICHARD A. WEISS, Defendant IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVIC]~ AND NOW, this 16th day of June, 2005, I, Christian S. Daghir, Esquire, of the Law Offices ofETZWEILER & ASSOCIATES, Attorneys for Mid Penn Bank, Plaintiff, hereby certifY that I served a copy of the Praecipe for Writ of Execution, Affidavit Pursuant to Rule 3129.1 and Notice of Sheriff's Sale of Real Estate pursuantto Pennsy Ivania Rule of Civil Procedure 3129 in the above-captioned matter upon Richard A. Weiss, 124 Salem Church Road, Mechanicsburg, PA 17055, on June 13,2005, by depositing the same in the United States Mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, by certified mail, return receipt requested. ETZWEILER & ASSOCIATES ByL?4r~A u.~ Christian S. Daghir Supreme. Ct J.D. No. 47741 IDS North Front Street Harrisburg, PA 17101 (717) 234-5600 O:\WPlDOaCIV.FLE\FOR.ECLOS.FLE\mpb-w,,;>5. \\~',wpd (> c ~ 0 e:;:~ -n c.n <-- c:: -','C. ~ N N -0 :z r~ ' r;:' o o MID PENN BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. vs. NO. 04-406 CIVIL TERM CIVIL ACTION - LAW RICHARD A. WEISS, Defendant IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE. AND NOW, this 27th day of June, 2005, I, Christian S. Daghir, Esquire, of the Law Offices ofETZWEILER & ASSOCIATES, Attorneys for Mid Penn Bank, Plaintiff, hereby certifY that I served a copy ofthe Praecipe for Writ of Execution, Affidavit Pursuant to Rule 3129.1 and Notice of Sheriff's Sale of Real Estate pursuant to Pennsylvania Rule of Civil Procedure 3129 in the above-captioned matter upon Richard A. Weiss, 124 Salem Church Road, Mechanicsburg, P A 17055, by depositing the same in the United States Mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, by certified mail, return receipt requested, on June 16,2005. ETZWEILER & ASSOCIATES By: (]t~a1~/{)~' Christian S. Daghir Supreme. Ct. LD. No. 47741 105 North Front Street Harrisburg, PA 17101 (717) 234..5600 Go\ WPlDOC'ICIV.FLE\Foreclos, Oclmpb.weiss. IIJd.y, wpd :r II:' ru m ru o o o o Lr1 r'- o U.S Postal Service CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage ProvIded) .. . ., , . I OFFICIAL USE I - . CenIIIlIdFee - Retum RecIept Fee He.. (El.4.....ment RequIred) RelltrIcted DeI!wwY Fee (End-Reoulrod) 1bIaI_&F... $Y-lvS- Lr1 m '" tr :r C] 0 elSS o r'- 56;;;;;.Aiil1ilii;-........-................-............................................ orPOBoxNo. 124 Salem Church Road Ciji,---ZiP+4...Mec"iiaiii.~-;;b;:;.;g-:..PA--.-i"705.5-..-....... . Complete nems 1, 2, and 3. Also complete item 4 W Restricted Delivary is desired. . Print your name and address on the reverse 10 that we can return the card to you. . Attach this card to the back of the mall piece, or on the front If specs pennits. 1. Article Actdl'8lS8d to: Richa~d A. Weiss 124 Salem Church Road Mechanicsburg. PA 17055 M S\..i1 D ~ Received by (Prlnf8d NwneJ,.., I c~m '<s~~ '~; D. Is deIiwIry._ _ from Item 1? D Yes If YES, .... below: To>. 3. D D D Insured Msll D C.O.D. 4. _ 11eIive<y? i&tnI Fee) DYes 2. Article Number man_lrom serviCflIabel) PS Form 3811 , August 2001 7004 0750 0002 3294 9835 Domestic Return Receipt 102595-01-M-2509 .. s; -ou~ O)f~ t;!i;~ -- G\.. 7j::;O 60 :Pc:: z ::<. c_ ';;~ .-1 M~:C """-1. ~"'~F~ "~\'c ,.:;. Co,; "'""tJ '.' - Mid Penn Bank VS Richard A. Weiss In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-406 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Richard A. Weiss, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale, and Description as NOT FOUND, as to the defendant, Richard A. Weiss. Defendant no longer resides at given address. The Mechanicsburg Post Office has no forwarding information. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on August 15,2005 at 8:00 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Richard A. Weiss located at 124 Salem Church Road, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Christian Daghir. Sheriff's Costs: Docketing Poundage Advertising Posting Handbills Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills 30.00 19.57 15.00 15.00 .50 LOO 16.00 4.11 15.00 20.00 20.00 467.00 356.78 18.20 $998.1 6 .,;~.r/~ R. Thomas Kline, Sheriff BY Jo~~ Real Es ate Sergeant Sworn and subscribed to before me f/ S() c. UI 5~a33 p.. Ff /7/99r., Plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. MID PENN BANK, vs. NO. 04-406 CIVIL TI~RM CIVIL ACTION - LAW RICHARD A. WEISS, Defendant IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) Mid Penn Bank, Plaintiff in the above action, sets forth as of the date of the Writ of Execution in this matter, the following information concerning the real property located at 124 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania. 1. Name and address of Owner(s) or reputed Owner(s): Richard A. Weiss 2. Name and address of Defendant(s) in the judgment: Richard A. Weiss 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder of every mortgage of record: Mid Penn Bank, 349 Union Street, Millersburg, PA 17061. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by sale: None. 6. Name and address of every other person of whom the Plaintiff has G:\ WP\OOC\CIV .FLE\foreclos. tlel\mpb-weiss. lOday knowledge who has any interest in the property which may be affected by the sale: None. The addresses listed above are the last known reasonable ascertainable addresses after a reasonable search conducted by the Plaintiff. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: June J=--, 2005 ,ti/uh /.' Christian. s-: Daghi squire 105 North Front Street Harrisburg, PA 17101 (717) 234-5600 Attorney for Plaintiff Sworn and subscribed to before me this~ day of June, 2005. '~~~~Ii~' ~~ 'GC)-cC'_~~c._ ~. NOTARiAl SEAL PATTY L STROHECKER, Notary PublIc City of Harrtsburg, Dauphin CounlV My Commission Expires Jan. 6, 2007 G:\ WP\DOC\CI V.FLE\foreclos. tleJ\mpb-weiss.1 Oday Jun 17 05 01:34p Etzwei1er and Assooiates (717J 234-5610 p.2 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. MID PENN BANK, VS. NO. 04-406 CIVIL TERM CIVIL ACTION - LAW RICHARD A. WEISS, Defendant IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: RICHARD A. WEISS: Your real estate in the Township of Hampden, Cumberland County, Pennsylvania, i~ scheduled to be sold at Sherifrs Sale on Septembcr 7, 200S, at 10:00 A.M. in the Cumberland County Courthouse located in O\rli~le. Pennsylvania, to enforce the court judgment of$ 1 00,572.59 obtained by the above-named Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TIDS SHERIFF'S SALE. To prevent this Sherifrs Sale, you must take immediate action: I. The same will be canceled if you pay to the above named Plainti:ffthe amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fcc.~ due. To find out how much you must pay, you may caIl Chri~tian S. Oaghir, Esquire, at (717) 234-5600. 2. Yon may be able to stop the sale by filing a petition asking the Clmrt to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone (he "ale for good cause. 3. You may be able to stop the sale through other lej!;al proceedings. (/:\ WP\DOC\CIV .r:'tmrorc:dos. f1e1\m('lh~woi~l\:, I Od.l)' You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney.) YOUMA Y STILL BE ABLE TO SAVE YOUR PROPERTY, AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff at the county courthouse. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriffat the county courthouse. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share ofthe money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on October 7,2005. This schedule will state who will be receiving that money. They money will be paid out in accordauce with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after sale date. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. G:\ WP\DOC\CIV.FLE\foreclos. tlel\mpb-weiss. lOday . Tax Parcel No. 10-20-1838-015 ALL that certain tract or piece onand with the improvements thereon erected, situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described according to a May 22, 1985, survey of John C. Brilhart, R.S. as follows: BEGINNING at a point in the center line ofa public road known as the Salem Church Road (Township Road No. 604) which said point is at the point of intersection of said center line which the Southern right-of-way line of an easement held by the United States Government and used as a drainage ditch by the United States Naval Supply Depot, Mechanicsburg, Pennsylvania, thence along the center line ofthe Salem Church Road, South 02 degrees 50 minutes West 222.20 feet to a point in the line oflands now or late of Lowell Metzer; thence along the line of said land now or late of Lowell Metzer, South 87 degrees 42 minutes East 149 feet to a point in the right-of-way line of the United States Government and used by the Naval Supply Depot as a drainage ditch, aforementioned; thence along the right-of-way line of said drainage ditch easement North 04 degrees 43 minutes West 13.80 feet to a stake; thence by the same, North 26 degrees 28 minutes West 186.88 feet to a stake; thence still said right-of-way line, North 50 degrees 12 minutes 45 seconds West 69.90 feet to a point marked by a nail in the center line of Salem Church Road, (T -604) aforementioned, at the point and place ofBEGINN!NG. HAVING THEREON ERECTED a one and one-half story brick and frame dwelling house, known as No. 124 Salem Church Road, Mechanicsburg, Pelmsylvania, 17055. BEING the same premises which Wanda I. Hefenfinger, now known as Wanda I. Johnson, and Leonard Scott Johnson, husband and wife, by their deed dated July 28, 2000, and recorded in the Office for the Recording of Deeds in and for Cumberland County in Book 226, Page 775, granted and conveyed to Richard A. Weiss. AND BEING the same premises which Ruthann Weiss, formerly known as Ruthann Savino, married woman, by deed dated June 8, 2000, and recorded in the Office for the Recording of Deeds in and for Dauphin County in Record Book 225, Page 79, granted and conveyed to Richard A. Weiss, married man. G:\ WP\DOC\CIV .FLE\toreclos. tlel\mpb-weiss. lOday WRIT OF EXECUTION and/or ATTACHMENT '. COMMONWEALTH OF PENNSYLVANIA). COUNTY OF CUMBERLAND) N004-406 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Mid Penn Bank Plaintiff (s) From Richard A. Weiss (I ) You are directed to levy upon the property of the defendant (s)and to sell see legal description 124 Salem Church Road, Mechanicsburg, P A 17055 (2) (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 gamishee(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) Ifproperty 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$100,572.59 LL $.50 Interest Atty's Corom % Atty Paid 123.80 Other Costs Due Prothy $1.00 Plaintiff Paid Date: June 7, 2005 CURTIS R. LONG (Seal) Prothonotary By <R,,~ ? ,~I/1!', 9:f . Deputy REQUESTING PARTY: Name Christian S. Daghir, Esq. Address: 105 North Fronst Street Harrisburg, P A 171 01 Attorney for: Plaintiff Telephone: 7172345600 Supreme Court ID No. 47741 Real Estate Sale #61 On June 13, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 124 Salem Church Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 13, 2005 By 0Dcltt JMLl [1 Real Estate Deputy \i t: ; \ (-_~ _ t.\'_''ir [i1lEl d 0 \"j.\ -" ~ ~ ~ ... .. ," THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005. That neither he not said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subse uently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Misc us Book "M", Volume 14, Page 317. COpy SALE #61 Sworn to and sub PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 356.78 IlEAL ESTATE.SALE Nc>.61 WrltNo._ ClvUTenn Mld.....nBank VI Richard W. Wel88 Ally: ChrJlllln DaghI< DESCRIPTION ALL that certain tract or piece of land with the improvemen. thereon '''''''4, situate m Hampden Township, Cumberland Cbunty, Pennsylvania, bollllded and de<erilll'.J acconIing to , May 22, 19&5, survey of lobae. BriIl1art,RS. as follows: BEGINNlNG at a point in the center line of a pubbc road kDown " the s.Jem Cblm:b Road (Township Road No. 6(4) which said point is at the poinl: <d' inttrsmion of said center line which the Soolbcmright-of-way line of au easement held by the United Slates Gov_ and used " a drainage dit<b by the United Slates Nav~ Supply Depot, Mechanicsburg, Pennsylvania, thence along the center line of the s.Jem Ch1IIcll Road, South 02 degrees SO minutes_ 22220 feet to . point in the line oflaads BOW or late ofLoweU Metter; thence aloogtbeline of said land now or late of Lowell Molw, Sooth 87 degrees 42 minutes East 149 feet to a point in the right-of- way line of the United States Government and u"", by the Naval Supply Depot " . drainage ditcll,afOlellleJJliooedli<llcea1oDg!berigbt-of. w.ylioeofsaiddrainagedltcll_NMhll4 degrees 4l minutes _ !lJlOfeettoaslake, tbeoce by !be _,NOIth 26 degrees 28 minutes W,.Ii68&f,.,lO.stake;tbeocestillsaidrigbt. of.way Iille, Nooh SO degrees 12.minutes 45 seronds West 69.90 feet to a point malted by a nail in the center line of Salem ChtIlCh Road, (I'- r(4) aforementioned, at the point and place of BEGINNING. HAVING mEREON ER-ECI'ED a ODe and one-half story brick. and frame dwelling house, known as No. 124. Salem Church Road, M_oug,Penn.sylvallia,17055. BEING the saD)e p~ whic:b Wanda t Hefen1ing<>.now koown" Wanda 1.10hns00, aod Leouanl Scott lolmson:.)I>OOod and wife, by lheir Deed da1ed July 28, llKiTcand recorded m the Office for lhe Recording of Deeds in and for Cumberland County in Book 226, Page 775, granted and "",veyed to RichanlA Wci". AND BEING !be _ premi.. which Rutbaon Weiss, fonnerl:y. koown asRutbann Savino, _ w...... by deed dared June 8,2000,aod ~inlheOfficefurtheR"ordingofDeeds in "" for Paupllin County in Record Book 225, ~.....,.. to...... A. &........r_ lllI"""'Mo. Jt.lt-lIJI.ili 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 15, 22, 29, 2005 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 tme. : . [\1< Li a Marie Coyne, Eftor o AND SUBSCRllmD before me this day of Julv. 2005 Al SEAL LOIS E. SNYDER, Notary I'ublic Carlisle Bora. Cumberland County MV Commission Expkes March 5. 2009 REAL ESTATE SALE NO. 61 Writ No. 2004.406 Civil Mid Penn Bank vs. Richard W. Weiss Atty.: Christian Daghir Tax Parcel No. lO-20-1838~015. ALL that certain tract or piece of land with the improvements thereon erected, situate in Hampden Town- ship, Cumberland County. Pennsyl- vania, bounded and described ac- cording to a May 22, 1985, survey of John C. Btilhart, R.S. as follows: BEGINNING at a point in the cen- ter line of a public road known as the Salem Church Road {Township Road No. 604} which said point is at the point of interseclion of said ceo ler line which the Sou thern right-of-way line of an easement held by the United States Govern- ment and used as a draInage ditch by the United States Naval Supply Depot, Mechanicsburg, Pennsylva- nia. thence along the center line of the Salem Church Road. South 02 degrees 50 minutes West 222.20 feet to a point in the line of lands now or late of Lowell Metzer; thence along the line of said land now or late of Lowell Metzer, South 87 de- grees 42 minutes East 149 feet to a point in the right-of-way line of the United States Government and used by the Naval Supply Depot as a drainage ditch, aforementioned; thence along the right-of-way line of said drainage dit.ch easement North 04 degrees 43 minutes West 13.80 feet to a stake; thence by the same, North 26 degrees 28 minutes West 186.88 feet to a stake: thence still said right-of-way line, North 50 degrees 12 minutes 45 seconds West 69.90 feet to a point marked by a nail in the center line of Salem Church Road, (T -604) aforemen- tioned, at the point and place of BEGINNING. HAVING THEREON ERECTED" one and one-half story brick and frame dwelling house, known as No. 124 Salem Church Road, Mechan- icsburg, Pennsylvania, 17055. BEING the same premises which Wanda 1. Hefenfinger, now known as Wanda I. Johnson, and Leonard Scott Johnson, husband and wife. by their deed dated July 28, 2000, and recorded in the Office for the Recording of Deeds in and for Cumberland County in Book 226, Page 775, granted and conveyed to Richard A. Weiss. AND BEING the same premises which Ruthann Weiss, formerly known a5 Ruthann Savino, manied woman, by deed dated June 8, 2000, and recorded in the Office for the Recording of Deeds in and for Dauphin County in Record Book 225, Page 79, granted and conveyed to Richard A. Weiss, married man. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Writ No. Term MID PENN BANK, vs. RICHARD A. WEISS Defendant No. 04-406 Civil Term Amount Due $100,572.59 CIVIL ACTION - LAW PRAECIPE FOR REISSUE OF WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 TO THE PROTHONOTARY OF SAID COURT: REISSUE WRIT OF EXECUTION IN THE ABOVE MATTER. (1) directed to Sheriff of Cumberland County, Pennsylvania; (2) against Richard A. Weiss, Defendant. (3) and against , Garnishee(s). (4) and index this writ (a) against Richard A. Weiss, Defendant and (b) against . Garnishee(s). as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: 124 Salem Church Road, Mechanicsburg, PA 17055 (5) Amount due (Costs to be added) $100,572.59 Total DATE: April 5. 2006 $ Signature Christian S. Daghir. Esq' e > Address 105 North Front Street Harrisbur\!. PA 17101 Attorney for Plaintiff Telephone (717) 234-5600 (j:\WP\DOC\Cl v, F[,E\FORECLOS,FLE",npb-Wciss-{)6...pel ~ r - (lS - w -- r-- ~~ ~ -:z: "\ -;-- \) ~ \) .r:: \:, \) \) "'v \ \ ~ --- ~ - ~ ""v ("I ~ ::; V) ~ ~ ~ (0. =i- ts l/) ~ ~ , -0 Ul -0 ..n Vl '::v \) tr) - \: c ~ \ \ \ - - '" - - :: - - - - -l4 - - -'- VI :- "\) \) \) ~ -. \ - , ~ -eJ -,~\ r ~![ ::";' c- '::?: (' ~ Tax Parcel No. 10-20-1838-015 ALL that certain tract or piece of land with the improvements thereon erected, situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described according to a May 22, 1985, survey of John C. Brilhart, R.S. as follows: BEGINNING at a point in the center line of a public road known as the Salem Church Road (Township Road No. 604) which said point is at the point of intersection of said center line which the Southern right-of-way line of an easement held by the United States Government and used as a drainage ditch by the United States Naval Supply Depot, Mechanicsburg, Pennsylvania, thence along the center line ofthe Salem Church Road, South 02 degrees 50 minutes West 222.20 feet to a point in the line oflands now or late of Lowell Metzer: thence along the line of said land now or late of Lowell Metzer, South 87 degrees 42 minutes East 149 feet to a point in the right-of-way line of the United States Government and used by the Naval Supply Depot as a drainage ditch, aforementioned; thence along the right-of-way line of said drainage ditch easement North 04 degrees 43 minutes West 13.80 feet to a stake; thence by the same, North 26 degrees 28 minutes West 186.88 feet to a stake; thence still said right-of-way line, North 50 degrees 12 minutes 45 seconds West 69.90 feet to a point marked by a nail in the center line of Salem Church Road, (T -604) aforementioned, at the point and place of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick and frame dwelling house, known as No. 124 Salem Church Road, Mechanicsburg, Pennsylvania, 17055. BEING the same premises which Wanda L Hefenfinger, now known as Wanda L Johnson, and Leonard Scott Johnson, husband and wife, by their deed dated July 28, 2000, and recorded in the Office for the Recording of Deeds in and for Cumberland County in Book 226, Page 775, granted and conveyed to Richard A. Weiss. AND BEING the same premises which Ruthann Weiss, formerly known as Ruthann Savino, married woman, by deed dated June 8, 2000, and recorded in the Office for the Recording of Deeds in and for Dauphin County in Record Book 225, Page 79, granted and conveyed to Richard A. Weiss, married man. G:\WP\DOC\C I V .FLE\lc)rcclos. tlel\mpb-weissM06 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-406 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MID PENN BANK, Plaintiff (s) From RICHARD A. WEISS (I) 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 $100,572.59 Interest LL Atty's Corum % Arty Paid $1134.46 Plaintiff Paid Due Prothy $1.00 Other Costs Date: APRIL 7, 2006 CURTIS R. LONG (Seal) Prothonotary [} ~ .~ ~~ J . /7/UL~r- Deputy REQUESTING PARTY: Name CHRISTIAN S. DAGHIR, ESQUIRE Address: 105 NORTH FRONT STREET HARRISBURG, PA 17101 Attorney for: PLAINTIFF Telephone: 717-234-5600 Supreme Court ID No. 47741 MID PENN BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. vs. NO. 04-406 CIVIL TERM CIVIL ACTION - LAW RICHARD A. WEISS, Defendant IN MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF DAUPHIN ) Christian S. Daghir, Esquire, being duly sworn according to law deposes and says that he makes this Affidavit on behalf of the within Plaintiff, being authorized so to do, and that he avers that Defendant is not in the military or naval service of the United States or its Allies, or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendments. Respectfully submitted, ETZWEILER & ASSOCIATES By: Christian S. Daghir, squire Sup. Ct. I.D. No. 47741 105 North Front Street Harrisburg, PA 17101 (717) 234-5600 Sworn to and subscribed to before me, a Notary Public, this ";C;,,,Ii''day of April, 2006. , ,. ,.{,. , ,-" I....: -_ _ _,,~~~~i- \","'t Notary Public NOTARIAL SEAL PATTY L STROHECKER, Notary Publio City of Harrisburg, Dauphin County My Commission Expires Jan. 6, 2007 G:\Wf'\.Dac\CJV.FLE\FORECLOS.rLL\u'pb-Wci"..r16,wpd ( rr. ( '. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. MID PENN BANK, vs. NO. 04-406 CIVIL TERM CIVIL ACTION - LAW RICHARD A. WEISS, Defendant IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) Mid Penn Bank, Plaintiff in the above action, sets forth as of the date of the Writ of Execution in this matter, the following information concerning the real property located at 124 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania. 1. Name and address of Owner(s) or reputed Owner(s): Richard A. Weiss, 124 Salem Church Road, Mechanicsburg, PA 17055. 2. Name and address of Defendant(s) in the judgment: Richard A. Weiss, 124 Salem Church Road, Mechanicsburg, PA 17055. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder of every mortgage of record: Mid Penn Bank, 349 Union Street, Millersburg, PA 17061. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by sale: G,\ WP\Doc\CIVFLmFORECLOS.FLE\.lnpb-Wci"..()(,_ wpd ... Cumberland County Tax Claim Bureau, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. Hampden Township, 230 S. Sporting Hill Road, Mechanicsburg, PA 17050. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. The addresses listed above are the last known reasonable ascertainable addresses after a reasonable search conducted by the Plaintiff. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date:~, 2006 /~ I hristian S. Daghir, 105 North Front Street Harrisburg, PA 17101 (717) 234-5600 Attorney for Plaintiff Sworn and subscribed to before me this ~'cSt day of .." , 2006. ,,,""\ \' I. '. ,~,\-\. ;, \;"~T'"~' .,>.'(' ,.- \ '-', Notary P;ublic NOTARIAL SEAL PATrY L STROHECKER, Notary Public City of Harrisburg, Dauphin County My Commisslon Expires Jan. 6, 2007 G:\WP\Doc\ClY. FLE\FORECLOS.FLE\lllpb_Wci,,~,(, ""xl ( , .---\ j"'\ iJ'. ~ Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. MID PENN BANK, vs. NO. 04-406 CIVIL TERM CIVIL ACTION - LAW RICHARD A. WEISS, Defendant IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: RICHARD A. WEISS: Your real estate in the Township of Hampden, Cumberland County, Pennsylvania, is scheduled to be sold at Sheriffs Sale on September 6,2006, at 10:00 A.M. in the Cumberland County Courthouse located in Carlisle, Pennsylvania, to enforce the court judgment of $100,572.59 obtained by the above-named Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE. To prevent this Sheriff's Sale, you must take immediate action: 1. The same will be canceled if you pay to the above named Plaintiffthe amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Christian S. Daghir, Esquire, at (717) 234-5600. 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. G:\ WP\POC\CIV .FL!:c\FORECLOS.FlE\,"'"'" w~\,,;-ll(\.,,pd 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY, AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff at the county courthouse. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriffthe full amount due in the sale. To find out ifthis has happened, you may call the Sheriffat the county courthouse. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriffand the Sheriff gives a deed to the buyer. Atthattime, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on October 6, 2006. This schedule will state who will be receiving that money. They money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after sale date. Go", WP\DOC\CI V.FLE\FORECLOS.FI Jc\",pb-W"i,,~)(,. wpd . 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Assn. 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 1-800-990-9108 The Sheriffs phone number is: (717) 240-6390 &-t'!l:!:'~{D~t::."I" 105 North Front Street Harrisburg, PA 17101 (717) 234-5600 Attorney for Plaintiff G\ WP\DOC\C1YFLE\I'ORECLOS.FLElmpb- Wci,,-I)(, wpd .~-:! I __I I",) (,., (,"'1 MID PENN BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. vs. NO. 04-406 CIVIL TERM CIVIL ACTION - LAW RICHARD A. WEISS, Defendant IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE AND NOW, this ;i'1J1.- day of ~'JL Esquire, of the Law Offices ofETZWEILER & ASSOCIATES, Attorneys for Mid Penn , 2006, I, Christian S. Daghir, Bank, Plaintiff, hereby certifY that I served a copy of the Praecipe for Writ of Execution, Affidavit Pursuant to Rule 3129.1 and Notice of Sheriffs Sale of Real Estate pursuant to Pennsylvania Rule of Civil Procedure 3129 in the above-captioned matter upon Richard A. Weiss, 124 Salem Church Road, Mechanicsburg, P A 17055, by depositing the same in the United States Mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, by certified mail, return receipt requested. on April 12, 2006, with the return receipt having been signed on April 19, 2006, and by certificate of mailing upon Tax Claim Bureau, Cumberland County Courthouse, I Courthouse Square, Carlisle, P A 17013, and Hampden Township, 230 S. Sporting Hill Road, Mechanicsburg, PA 17050, on April 12, 2006, in accordance with the attached documents. ETZWEILER & nOCIA T.ES By 06i~"fs I)~f:- Supreme. Ct 1.D. No. 47741 105 North Front Street Harrisburg, PA 17101 (717) 234-5600 G;\ WP\DOC\CIVFLLlFORECLOS.FI.E\lI'pb_Wci."..{~,. wpd . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: d ery address diffElre/1t from item 1? ES, enter delivery address below: o Agent o Addressee DYes ONo Richard A. Weiss Midtown Auto & Tire Third and Reily Streets Harrisburg, PA 17102 3. Service Type lit Certifjed Mail o Registered o Insured Mail o Express Mail )lC"Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) DYes . 2. Article Number (Copy from service label) 7001 0320 0002 6574 6063 PS Form 3811 , July 1999 Domestic Return ReceIpt 102595-00-M-0952 U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) rTI .l1 CJ .l1 .-"I CJ CJ ['- Postage $ =r ['- U1 .l1 Certified Fee f\J CJ CJ C) Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (ETldorsement Required) CJ f\J rTI CJ Total Postage & Fees $ Sent To U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affiltfee nere in stamps or meter postage and ~6~6~~6~ iN~'GW?~~T1S.~~.~2~!~~NATtONAL MAil, DOES,,~-R~"t;{,,;;_ ~~:~~~rl:rU:r:nt '""', '-' Received From: * '* *" ,'!.~'(f.:i:f:':-~"~~ ..~__-..::":'N ~. ETZWEILER AND AS~ett-=::" '=--- ATTORNEYS-AT-LAw' 105 North F-tontlStMlll fROM Z' Harrisburg, P A 171 0 I ~'i:><o. I Courthouse Carlisle, PA S uare 17013 One piece of ordinary mail a<k!ressed to: Tay Claim Bureau PS Form 3817. January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix lee here in stamps or meter postage and postmerk.lnquireof Poslmaslerfor currenl ,"'. MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES ~"'J~ PROVID FOR INSURANCE-POSTMA?TER ~, 4.t>>-O:-->' "';:'~'..^ Received From: "* * * ~?,ri),~ .:'~_~"7~ L':";":;~d! ETZWEILERAND A~~I~='~. ~ ' ATTORNEyg-'AT,U\,W' ~G'~. 105 North-Front !!ltlt.oe FROM 21 " Harrisburg. PA 17101 iI Ham den Townshi 230 S. Sporting Hill Road HCl..-llou";"L.o::.bu.L15, FA 17050 One piece of ordinary mail addressed to: PS Form 3817. January 2001 n c:- ~ -'. PlaintitT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. MID PENN BANK, VS. NO. 04-406 CIVIL TERM CIVIL ACTION - LAW RICHARD A. WEISS, Defendant IN MORTGAGE FORECLOSURE PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROmONOTARY: Please mark the above-captioned action settled, discontinued and ended. Dated: September 6, 2006 ~bJ~ Christian S. Daghir, E . e Attorney for Plaintiff 105 North Front Street Harrisburg, PA 17101 (717) 234-5600 G:\WP.DOC\CIV.FLBIFORECLOSJ'LEImpb-WeiJ0.06.wpd " (") ~ ";:.<::-. t-- t--.:> = = 0"' (/) C~; () -n I co ~~ ~,..... r-.) . Mid Penn Bank VS Richard A. Weiss In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-406 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Christian Daghir. Sheriffs Costs: Docketing Surcharge Prothonotary Law Library Poundage Advertising Levy Posting Handbills Mileage Share of Bills Patriot News Law Journal 30.00 20.00 1.00 .50 8.78 15.00 15.00 15.00 19.36 19.31 121.00 183.00 $ 447.95'; q/D41J~ G--. So Answers: ~1::~:~ BY, j c:>c4 A i~ Real Estate S rgeant B-v. / ?,) '1J1 Ch., !/ )) ~? IU-- .-, fr1J .'1) ,.:> .,.. -./: . MID PENN BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. vs. NO. 04-406 CIVIL TERM CIVIL ACTION - LAW RICHARD A. WEISS, Defendant IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) Mid Penn Bank, Plaintiff in the above action, sets forth as of the date of the Writ of Execution in this matter, the following information concerning the real property located at 124 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania. 1. Name and address of Owner(s) or reputed Owner(s): Richard A. Weiss, 124 Salem Church Road, Mechanicsburg, PA 17055. 2. Name and address of Defendant(s) in the judgment: Richard A. Weiss, 124 Salem Church Road, Mechanicsburg, PA 17055. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder of every mortgage of record: Mid Penn Bank, 349 Union Street, Millersburg, P A 17061. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by sale: G:\ WP\Doc\CIV.FLE\FORECLOS.FLE\mpb.Wciss-U6. \\pd /" Cumberland County Tax Claim Bureau, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. Hampden Township, 230 S. Sporting Hill Road, Mechanicsburg, P A 17050. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. The addresses listed above are the last known reasonable ascertainable addresses after a reasonable search conducted by the Plaintiff. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: ~, 2006 17 " hristian S. Daghir, 105 North Front Street Harrisburg, PA 17101 (717) 234-5600 Attorney for Plaintiff Sworn and subscribed to before me this :.~~ day of C -L.~,--J ,2006. \ . '~; ~ ~"-~ (, '" -t-:. -, ,. ~ . . ~. ..:'" ~I~ .c:c~''- \. NotarLPublic ~ NOTARIAL SEAL PATTY L STROHECKER, Notary Public City of Harrisburg, Dauphin County My Commission Expires Jan. 6, 2007 G:\ WP\Doc\CIV_fLE\FORECLOS.FLE\lIIpb~Wciss...(l(I, wpd S I :E d l J UdV qOOl Vd 'AHmO:) mnr1d3i:1~n:) 3:mBHS 3Hl JO 3JL:L:lO -" ./ Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. MID PENN BANK, vs. NO. 04-406 CIVIL TERM CIVIL ACTION - LAW RICHARD A. WEISS, Defendant IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: RICHARD A. WEISS: Your real estate in the Township of Hampden, Cumberland County, Pennsylvania, is scheduled to be sold at Sheriffs Sale on September 6,2006, at 10:00 A.M. in the Cumberland County Courthouse located in Carlisle, Pennsylvania, to enforce the court judgment of $100,572.59 obtained by the above-named Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE. To prevent this Sheriffs Sale, you must take immediate action: 1. The same will be canceled if you pay to the above named Plaintiff the amount ofthe judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Christian S. Daghir, Esquire, at (717) 234-5600. 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. G:\ WP\DOC\CIV .FLE\FORECLOS.fLE\mptr Wdss...()().\\'pd ." ./ 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY, AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff at the county courthouse. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call the Sheriff at the county courthouse. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on October 6, 2006. This schedule will state who will be receiving that money. They money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after sale date. G:\ WP\DOC\CIV.FLE\FORECLOS.FLE\mpb- Wciss..(16. wpd .... ,/ 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Assn. 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 1-800-990-9108 The Sheriffs phone number is: (717) 240-6390 ~dD~~Uire 105 North Front Street Harrisburg, P A 17101 (717) 234-5600 Attorney for Plaintiff G:\ WP\DOC\CIV FLE\fORECLOS.FLE\mpb- WCiSS..()(l. wpd S I :( d II HdV qOOl Vd ',\.LHllUJ UNIQ-I~38Wn3 :1.:l1~3HS 3Hl :10 331.:i:10 Tax Parcel No. 10-20-1838-015 ALL that certain tract or piece of land with the improvements thereon erected, situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described according to a May 22,1985, survey of John C. Brilhart, R.S. as follows: BEGINNING at a point in the center line of a public road known as the Salem Church Road (Township Road No. 604) which said point is at the point of intersection of said center line which the Southern right-of-way line of an easement held by the United States Government and used as a drainage ditch by the United States Naval Supply Depot, Mechanicsburg, Pennsylvania, thence along the center line ofthe Salem Church Road, South 02 degrees 50 minutes West 222.20 feet to a point in the line of lands now or late of Lowell Metzer; thence along the line of said land now or late of Lowell Metzer, South 87 degrees 42 minutes East 149 feet to a point in the right-of-way line of the United States Government and used by the Naval Supply Depot as a drainage ditch, aforementioned; thence along the right-of-way line of said drainage ditch easement North 04 degrees 43 minutes West 13.80 feet to a stake; thence by the same, North 26 degrees 28 minutes West 186.88 feet to a stake; thence still said right-of-way line, North 50 degrees 12 minutes 45 seconds West 69.90 feet to a point marked by a nail in the center line of Salem Church Road, (T-604) aforementioned, at the point and place of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick and frame dwelling house, known as No. 124 Salem Church Road, Mechanicsburg, Pennsylvania, 17055. BEING the same premises which Wanda I. Hefenfinger, now known as Wanda I. Johnson, and Leonard Scott Johnson, husband and wife, by their deed dated July 28, 2000, and recorded in the Office for the Recording of Deeds in and for Cumberland County in Book 226, Page 775, granted and conveyed to Richard A. Weiss. AND BEING the same premises which Ruthann Weiss, formerly known as Ruthann Savino, married woman, by deed dated June 8, 2000, and recorded in the Office for the Recording of Deeds in and for Dauphin County in Record Book 225, Page 79, granted and conveyed to Richard A. Weiss, married man. G: \ WP\DOC\CIV.FLE\foreclos.tlel\mpb-weiss-06 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 04-406 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MID PENN BANK, Plaintiff (s) From RICHARD A. WEISS (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 $100,572.59 Interest Arty's Comm % Arty Paid $1134.46 Plaintiff Paid Date: APRIL 7, 2006 1.1. Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Proilio~ .2 7fc ~ :4 CJ..-P . :..?~ 1.,-~ Deputy REQUESTING PARTY: Name CHRISTIAN S. DAGHIR, ESQUIRE Address: 105 NORTH FRONT STREET HARRISBURG, P A 17101 Attorney for: PLAINTIFF Telephone: 717-234-5600 Supreme Court ID No. 47741 6" ~ -;rt1 -ru c~ ~ ~1 Real Estate Sale # 26 On May 17, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, P A Known and numbered as 124 Salem Church Rd, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 17, 2006 '.J 19c4:.~ Real Est~ Sergeant By: ", =( d Z, UdV '001 Vd ')..lNnu:J mfv "1~38Hna j.:lI~3HS 3Hl JO 3JI.:l.:lO d 9"r! ~ = ~ nnl . 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 9L(~ :1./ ~IJOC:; I 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. ~ SWORN TO AND ~SCRlBED before me this ~/ day of '1.11/, I ~O()~ ~__...N~+I':I~ __ .~ r . NOTARIAL SEAL ~ LOt8 E. SNVDER, Notary Public 8orG, Cumberland County \;:<i7Ch 5, 2009 REAL ESTATE SALE NO. 26 Writ No. 2004-406 Civil Mid Penn Bank vs. Richard A. Weiss Atty.: Christian S. Daghir Tax Parcel No. 10-20-1838-015 ALL that certain tract or piece of land with the improvements thereon erected, situate in Hampden Town- ship, Cumberland County, Pennsyl- vania, bounded and described ac- cording to a May 22, 1985, survey of John C. Brtlhart, R.S. as follows: BEGINNING at a point in the cen- ter line of a public road known as the Salem Church Road (Township Road No. 604) which said point is at the point of intersection of said center line which the Southern right-of-way line of an easement held by the United States Govem- ment and used as a drainage ditch by the United States Naval Supply Depot, Mechanicsburg, Pennsylva- nia, thence along the center line of the Salem Church Road. South 02 degrees 50 minutes West 222.20 feet to a point in the line of lands now or late of Lowell Metzer; thence along the line of said land now or late of Lowell Metzer, South 87 de- grees 42 minutes East 149 feet to a point in the right-of-way line of the United States Government and used by the Naval Supply Depot as a drainage ditch. aforementioned; thence along the right-of-way line of said drainage ditch easement North 04 degrees 43 minutes West 13.80 feet to a stake; thence by the same, North 26 degrees 28 minutes West 186.88 feet to a stake; thence still said right-of-way line, North 50 degrees 12 minutes 45 seconds West 69.90 feet to a point marked by a nail in the center line of Salem Church Road, (T-604) aforemen- tioned, at the point and place of BEGINNING. HAVING TIIEREON ERECTED a one and one-half story brick and frame dwelling house, known as No. 124 Salem Church Road, Mechan- icsburg, Pennsylvania, 17055. BEING the same premises which Wanda I. Hefenfinger, now known as Wanda I. Johnson, and Leonard Scott Johnson, husband and wife. by their deed dated July 28. 2000, and recorded in the Office for the Recording of Deeds in and for Cumberland County in Book 226, Page 775, granted and conveyed to Richard A. Weiss. AND BEING the same premises which Ruthann Weiss. formerly known as Ruthann Savino, married woman, by deed dated June 8, 2000. and recorded in the Office for the Recording of Deeds in and for Dauphin County in Record Book 225, Page 79, granted and conveyed ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th day(s) of July 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #26 , CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . l' 'il