The URL can be used to link to this page

Home My WebLink About08-278191 SHAPIRO & DENARDO, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 LAUREN R. TABAS, ESQ., ATTORNEY I.D. NO. 93337 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-032847 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF VS. John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08 - ag81 iV i 1 (errs COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. SI USTED QUIERE DEFENDERSE 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 O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS 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 O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DENARDO, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 LAUREN R. TABAS, ESQ., ATTORNEY I.D. NO. 93337 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-032847 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 0 F. a 7S'/ e ? ` 7 John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 DEFENDANT(S) COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Washington Mutual Bank f/k/a Washington Mutual Bank, FA, the address of which is, 7255 Baymeadows Way Jacksonville, Florida 32256, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Washington Mutual Bank, FA Mortgagor(s): John G. Fetteroff and Beth A. Fetterhoff (b) Date of Mortgage: October 12, 2001 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1735 Page 4122 Date: October 16, 2001 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 56 Broad Street, Newville, Pa 17241 and is more specifically described as attached as part of Exhibit "A": 4. The name and mailing address of each Defendant is: John G. Fetterhoff, 56 Broad Street, Newville, PA 17241; Beth A. Fetterhoff, 56 Broad Street, Newville, PA 17241 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 6. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of January 1, 2008 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 7. The following amounts are due as of April 16, 2008: Principal of Mortgage debt due and unpaid Interest currently due and owing at 5.875% per annum calculated from December 1, 2007 at $16.30 each day Late Charge of $32.89 per month assessed on the 16th of each month from January 16, 2008 to April 16, 2008, (4 Months) Escrow Balance (Credit to Defendant) Accrued Late Charges Property Inspection Title Search/Report Fees Attorneys' Fees and Costs TOTAL $101,275.85 $2,249.40 $131.56 ($220.96) $32.89 $8.90 $250.00 $5,000.00 $108,727.64 8. Interest accrues at a per diem rate of 16.30 each day after April 16, 2008, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 9. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et M., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DENARDO, LLC Date: ?ItJrQ BY: -? Attorneys for Plaintiff S & K File No. 08-032847 h.r, AFTER RECORDING RETURN TO:' RECt3KZ4 3r NEEDS Washington tatua7. aaak, VA GUid8ERLAR.i C LINTY PA 12691 AU D M--Mj56DBCA 01 OCT 16 R 3 15 f3AtM= Qtttim, CA 92842. [Space Above This Eros For Recording Data] IR3 MCIIQIGHT & B4MMO 4305329 MORTGAGE 03-6119-005016896-2 DEFINITIONS Words used in multiple motions of this document are defined below and other words am defined In Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided.in Section 16. (A) "gsourtty Inabumsat" means this document, which is dated 00 Wwr ,a _ 100 ingather with all Riders to this document, ----- -- (B) "Borrower" is -MM Q1.' Borrower is the mortgagor under this Secwlty Instrument. (C) "Lender" In Matual Bank 8A a federal a{Oe00iat.? Oai Lender Is a Bank 0 and existing under it ?s of mated stat:w of America Lender's address is: 400-Must )lain sheet RuNkton, Ch 95190 Lander Is the mortgagee unaW this Security Instrument (D) "Nitta" means the promissory note signed by Borrower and dated oataber 12, 2001 The Note states that Borrower owes Lander s t 2bx0ueand & 00 lac ". V V V . V V Fr - maeresa. norrowsr nab promised t0 PHV this regular Periodic Payments and to pay the debt in full not hot than per i debt in (E) *Propaaty" memo the pivperty that Is described below under the heading "Trensfw of Rights in the Property." IF) "Loan" means the debt evidenced by the Note, plus Interest, any prepayment charges and Ion charges due under the No*, and all sums due under this Security inetrument, phis interest. 78I?! cif Page 1 of Is TO gs m OK 1735PG 4122 03-6119-008016896-2 (9) "Riders" means all Riders to this Seauity instrument that are executed by Borrower. The following Riders are to be exeouted by Borrower [check box as applicable); 0 AOnt" Rets Rider p graduated Payment Rider '. [] Balloon Rider ? Other(s) [specify] cmkwnk Sum Alder 14 Family Rider (] Planned Unit Dwsftment Rider SMOSICiy Payment Rider ? We Improvement Rider Second Home Rider M "Appiiomble Lew" means,ag controlling applicable federal, state and local statutes, regulatims, ordinances and administrative rules and orders (that have the effect of low) an well as all applicable final, non-appealable judicial opinions. (1) "Conununky Assoakdan Dues. Fees, and Asseseraests" means all dues, fees, assesernents and other charges that are knposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronb Furls Transfibr" means any transfer of funds, other than a transaction originated by check, draft, or similar leper Instrument, which is initiated through an electronic terminal, telephonic Instrument, computer, or magnetic tape so as to order, instruct, or authorise a financial institution to debit or credit. an account. Such term bioludee, but Is not limited to, point of-sale transfers, automated taller machine transactions, transfers Initiated by telephone, wire transfers, and automated olearinghousa transfers. (K) "barow hams" means those items that are described In Section 3. (L) "Misodlensvas Praceet!)s" means any compenestion, settlement, award of damages, or proceeds, whether by way of judgment, settlement or otherwise, paid by any third party (other than instxarncs proceeds paid under the coverages described In Section S) for. M dernage to, or destruction of, the Property; (R) condemnation or other taking of all or arty part of the Property; pip conveyance In Rau of condemnation; or (iv) misrepresentations of, or omissions as to, the value andbr acrA don of the Property. (M) "Nlortoege knuranoe means insurance protecting Lander against the nonpayment of, or default on, the Loan. (N) "Periods Peymant' meths the regularly scheduled amount due for (i) principal and Interest under *a Note, plus (1) any;amounts under Section 3 of this Security Instrument. (O) "RNP'A' moans the Reai'Estate Settlement Procedures Act (12 U.S.C. Section 2601 at seq.) and its implementing roolayon, Regulation X (24 C.F.R. Part 350M. as they might be amended from time to time, or any additional or suoossaw legislation or regulation that governs the same Subject matte f. As used ln': ails . Security Instrument, "RESPA" refers to all requirements and restifctions that are.imposed`Jn. regard to a "federally related mortgage loan" man if the Loan does not quality ass "feglerpiiy,id4ted mortgage loan" under RESPA. (P) "8te:gessoi in. lim hi "t of Borrower" msens any party that has taker) title to the property, whether or not that party has, assumed Borrower's obligations under the Note and/or this Searrhy lilstrurnent. , . ?:.. . TRANSFER OF-RIGHTS. IN THE PROPERTY This Secu* Instrument secures to Lander. M the repayment of the Loan, and all ranewals, extenalons .arwl . modlfidetlotis.,of the Note: qp the perfottnanoe of Borrower's covenams and agreenrsrits under this . Security. Instrument and the Note; and. (a the performance of all eWawnents of-Borrower to pay fees and charges arising out of the Loan whether or not herein ast forth. For this purpose, . Borrower does hereby mortgage, grant and convey to Lander the 7arae51"-W oit .. Paps 2 at 18 To as sINCONDID ,... .:J which currently has the address of , t tread i , Pennsylvania ("Property Address"): TOGETHER WITH all the Improvements now or hereafter waded on the property, and all saaemente, appurtenances,. and fixtures now or hereafter a part of the property. All roplaoarents and additions shall also bo.;covered by this Security Instrument. All of the foregoing is referred to In Oft Security Instrument.se the "Property.' BORROWER COVENANTS that Borrower Is lawfully soloed of the estate hereby ooaveyed and has the right to grant and convey the Property and that the Property Is unencumbered, except for encumbrances of record. B Brower warrants and will defend generally the title to the Property against all claims and demands, m Went 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 reel property. UNIFORM COVENANTS. Borrower and Lander covenant and agree as follows: 1. Payment of Pr, pal, Interest, Escrow Rama, Propeyawrt Charges, std Lab Charges. Borrower shah pay when due the principal of, and interest am the debt evidsnoW by the Note and any prepayment charges end Ists charges dui under the Note. Borrower shell also pay funds for Escrow Items pursuant to Section S. Payments due under the Note and this Security Instrunwtt shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Now br this Security Instrument Is retuemad to Lander wnpald, Lender may require that any or all subsequent payments dun under the Note and this Siourity Instrument be made in one of more of the' following farms, as selected by Lander: (s) cash; (b) money order (o) certiflad deck, bank dw4, treasurer's check or caNuier'a check, provided any such check lo drawn upon. an #..wdtution';whooe deposits are Insured by a federal agency, bnstr nwritellty, or entity; or (d)_ ?epuonic Fiu da Transfer. Payments are dsamed received by Lander when received at the location designated in the Note or. at such other.lockon so may be designated by Lander In -accordance with the notice provisions In Section 15.;Lander may return any payment or partial payment If the payment or partial psymentq . are insufficient to bring the Loan current. Lander may accept any payment or partial payment Insuftictsnt. to bring the. Loan current, without wahror 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 120 to Page 3 of 16 TO as ZSCOM M 03-6119-005016596-2 Payment is applied as of its scheduled due data, then Lander need not pay interest on unsoled funds. Lander may hold such,:unappged funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a rassonable period of time, Lender shall elthw apply such funds or return them to..-Borrower. tf not applied earlier, such funds will be applied to the outstanding principal balanto'under the Note Immediately prior to foreclosure. No offset or claim which Borrower might have.pow or In the future against Lander shall rageve Borrower from making payments due under:the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. Z of Psyo . a . Beets or Procesats. Except as otherwise described In this Section 2, all payments accepted end applied by Lender shall be applied In the following order of priority: (a) Interest due under the Note; .1b) prirpai due under the Note; (a) amounts due under Section 3. Such payments shag be applied to each Periodic Payment in the order In which it become due. Any remaining arnou is shall-; be applied first to lets charges, second to any otter amounts due under this Sac urity instrument, and then to reduce the prindpcl balorm of the Note. If Lender recdves a. payment from Borrower for a ddinque t Periodic Payment which Includes a stlfll0lent mount, to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If Hare than ons Periodic Payment is outstanding. Lander may apply any payment reoWed from Borrower to the repayment of the Periodic Paymwm if, and to the extent that, each payment can be paid In Id. To the extent that any excess exists after the payment is applied to the f6i payment of one or more Periodic Payments, such exasse may be applied to any Iwo charges due. Voluntary prepsyments shell be applied first to any prepayment charges and then as desoribed in the Note. Any application of paXnhsrnts, insurance prooeada, or Miscellaneous Proceeds to prkncipN due under the Note shag not extend or postpone the due date, or change the amount, of the Periodic Payments. °' - 3. Funds for Escrow (perns. Borrower shall pay to Lander on the day Periodic Payments are due under the Note, and the.Note Is paid in full, a am (the "Funds") to provide for payment of amounts due for., (a) texas khd sssesements and other Items vn>hlidt can attaln priority over this Security Instrument as s.lisrij or encumbrance of the Property, (b) leasehold payments or ground rents an the. Property, if .MY,l (o) premiums for any and ail insurance required by Lander under Section 5; Arid (d) Mortpegs:lnsurance prernitsns, If any, or any sums payable by Borrower to Lender M tisu of the paymenc?of MOrtga? Insurance premiums In gccordanos with the pravWons of Section 10. These therms 'are Oegad "Brow MM.' At origination or at any time during the term of the Loan, Lender mriii roqulre that Community Associstlon Dues, Fees, and Asessnnents, If any, be escrowed by Borrower, and such dues, fees and assessments shag be an Escrow Item. Borrower shell promptly furrdah to Lender all notlces of smotanta to be pad under this Section. Borrower'" peiy Lertdor the Funds for Escrow Items unless Lander waters Borrower's oftatlon to pay the Funda for sny..ov aq mow Items. Lander may waive Borrower's obligation to pay to Lender Funds for airy: or ell Escrow kents. at any tints. Any such waiver may only be in writing. In the event of. such waiver,130rower, shag. pay directly, when and where payable, the amounts due for any E:crow,.ltems for.v f>loh..pa?ymsnt of Funds has been walved by Launder end, B ceder rsqukes, sfiga fWinish: m .Lander reostpts m 6doncktg such payment within such time period as Lander may-require. Borrowers obUpodon to make such payments and to provide receipts shall for d purposes be doomed be a a,ovenRnt and agreement contained M this Saaa ty Instrument, es the phrpeb "covenant erid. agreement", is used in Section S. If Borrower is obligated to pay Escrow Items d1ractiy, punrJerrt. to a waterer, and Borrower tab to pay the amount due for an Bscrow rum.. Launder may si 6hie Its rights under Section g and pay such anount and Borrower shag than be obllgsted undej Section 9 to repay to Lander any such amount. Lender may revoke xwi nno? 1 Page 4 of 16 TO an IEOOIWiID ?(I 735PG4 f 25 • 03-6119-005016896-2 the weaver as to any or aN.Tiecrow Items at say time by a notice given In acoordsnce with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are than required under thll .Section & Lender may, at any nine, collect and hold Funds In an amount (a) sufilotarrt to parmtt Lender to apply the Funds at that time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RF,SPA. tender shall estimate the amount of Funds due on the basis of current data anal. reasonable estimates of expenditures of future Escrow Items or otherwise In accordance with Applicable Law. The Funds shad be geld in an Institution whose deposits are insured by a federal agency, Inetranentailty, or entity ;(Including Lender, If Lender Is an Institution whose deposits are so Insured) or in any Federal Hare Loan grit. Lender shall apply the Funds to pay the Escrow items no later than the time spoffed under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annudly orm4ming the escrow account, of verifying the Escrow Items, unless Lender pays Borrower Interest on the Funds and Applicable Law perndts Lender to make such a charge: Unless an agreement Is made In writing or Applicable Law requires Interest to be paid on the Funds, Lender shag not be required to pay Borrower any Interest or awnings on the Funds. Borrower and Lender can ;agree In writing, however, that Interest shall be paid on the Funds. Lender shell give to Borro4 r, without charge, an annual accoutring of the Funds as required by RESPA. :.' If time is a surpli s of Finds held In escrow, as defined under RESPA, Lender shop account to Borrower for the summ funds In accordance with RESPA. If there Is a shortage of Funds held In escrow, asidefhrad under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower oho4 pay to Lender the amount necessary to make up the shortage In accordance with RESPA, but In no more than twelve monthly payments. If two is a defiolenay of Funds held In ascrow, as:2defined under RESPA, Lender shell notify Borrower se required by RESPA, and Borrower a",_.pay to Lender the amount necessary to make up the deficiency In accordance with RESPA, bt)t In no more than twelve monthly payments. Upon payment in ° uli of all sume. secured by this Security Instrument, Lander shat promptly refund to Borrower;any Funds held by Lander. 4. Charges; LMns:,. Borrower shell pay all taxes, assessments, charges, flnes, and Impositions. attributable to the Property which can attain priority over No Security instrument, ieavehoid payments or ground rents on the Property, if any, and Community Assocladcn Dues, Fees, and Assesements, 1f ;pjty. To the- extent that these [tarns are Escrow hems, Borrower shall pay them in. the men ner prow in Section 3. Borrower shall proiq'ogy discharge any lien which has priority over this Security Instrument unless borrower:.(s) agrserl;.In writing to, the payment of the obligation scoured by the pelts in s manner acceptable: to Lender, .but only so isms as Borrower In performing such agreement; (b) contests they lien In good faith by, or defends against inforopment of the lion Its, legal proceedings which in lender's opinion: operate to prevent the snforoemmt of the Non while those proceedings are pending, bnrt only until eiroh proceedings we concluded;, or (c) secures from the holder of the lion an egreanhant aetiafact "An Lerman subordinating the Ilan to this Security instrument. If Lender determines that any' Owt of-the Property Is sub= to a lien which can attain priority over this Security Instrunent, Lat[dor may give Borrower a notice identifying the Nan, VOW 10 days of the date on -which that noon Is. given,. Borrower shag satisfy the Non or tales one or more of the action set forth above In this, Section 4. . Lander may roors;;ecrrower to pay a one-time charge for a real estate tax verification end/or rapordng service used by Lander In connection with this Loon. tr 03-617.9-005016896-2 B. Property Inure now- Borrower shall keep the Improvements now existing or hereafter erected on the Property Inedid against lose by fire, hazards Included within the term "axtanded coverage," and any other ho" MdudkV, but not limited to, asrthquekes and floods, for which Lender requires Insurance. Via insurance shave be maintained in the amounts (Including deductible levels) and for the periods tNet Lander requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance oadar providing the Insurance shell be chosen by Borrower.<subject to Lender's right to dlespprove Borrower's choice, which right shall not be exercised to reasonably. Lender may require Borrower to pay, in connection with this Loan, either.. (a) a ono4ime chow for flood zone determination, certiflosdon and tracking services: or (b) a one-time _charge for flood zone determination and certification services and subsequent "goo each time ramaivrtge or similar changes occur which reasonably might affect such dstelminadon or cardfkiadons Borrower shell 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 dstarminatfon resulting from an abjection by Borrower. If Borrower fdo to msintdn any of the coverages described above, Lander may obtain instxance coverage, at Lander's option and Borrower's mgwn . Lender Is under no obligation to purchase any particular type or smouYtt of coverage. Lender may purchase such Insurance from or through any company act to Lander kokWir , without MmItation, an effBate of Lander, end Borrower ack owledges and agrees that lender's aHNlete may receive oonsiderstion for such purchase. Therefore, such coverage shall cover Lander, but might or might not protect Borrower, Borrower's equity In the Prgperty, or the contents of the Property, against any rlsk, hazard or 11"Ity and might provide greater or km w coverage than was proviacsly In effect. Borrower acknowledges that the cost 14 the Insurance coverage so obtained might signifloontly exceed the cost of insurance that Borro? could have obtained. Any amounts disbursed by tender under this section 5 shell boome additional debt of Borrower secured by this Security Instrument. These amounts shill bear interest A the Note rats from the date of disbursement and shall be payable, with such Interest, upon notice from Lender to Borrower requesting payment. All insurance ppflctem?:required by Lender and renewsla of such poNces shall be subject to Lander's right to disopprove:isuch poNales. 9W Include a standard mortgage douse, and shall ee, ortgag:P as an additional loss payee. Lander " have the right to hold name Lender m the policies and renswel s. If Lender requires, Borrower shill promptly give to Lender all racelpts of paid premiums nand renewal notices. If Borrower obtalms any form of Insurance coverage, not otherwise "Ired by Lender, for damage to, or destniction of, the Property, such policy shell Include a standard mortgage ohms arid shell name Lander as mortgages and/or as an additional loss: payes. . Borrower hereby absolutely and. Irrevocably assigns to Lechler all of Borrower's right, tide and.Intensat in and to oll . caeda from any Insurance. policy wweether or not the insurance policy .was required .by Lender) I* are due, paid or payable with respect to any damage to such property, repudlas of whsetjer ;the Insurance policy is estal»aslteid before, on or after the data of we Security Instrument. • -By :absolutely and Irrevocably mlgnft to La xler all of Borrower's rights to receive'ony end wt. ooaeds-from any Insurance policy, Borrower hereby waives, to the dl.. o"mi .-9d wed.:by Nw a1Iof Borrower's rights to receive any and all of such insurance ? ... ... Borrowerhereby abs'kdoly and irrevocably assigns to Lender all of Borrower's right, title And Interest h): and m: (M an}i.and ail claims,. present and future, known or unknown, aboolute or contingent, (b) any. and all of action, (c) any end all judgments and settlements (whether through litigation, gnadiadm arbitration or odiatwhW, (d) curry and all funds sought against or from any. party or . psrtlesW, whosoever,. and (e) any and all funds received or receivable in connection with any damage, .to such property, resulting from any cause or causes whatsoever, t ea W? .. f:l? Peps a of 18 TO Us REMORM 779 BK 1735PG4127 1 03-6119-00501689d-2 Including but not limited to lend subsidence, landslide, windstorm, earthquake, firs, flood or any other cause. Borrower agrees to'., execute, adunowledpe if requested, arrd deliver to Lender, and/or upon notice from Lender shall request any kwrurarm agency or company that has Issued any Insurance policy to execute and dallver to Lander, any additional Instruments or documents requested by Lander from time to time to. evidence Borrower's absolute and irrevocable assignments set ford, In this paragraph. In the event of load'; Borrower shall give prompt notice to the Insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lander and Borrower otherwise agree In writIng `.any insurance prooeeds, whether or not the undwl*g 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 restoratbn period, Lender shah have the right to hold such insurance pracaeds undl Lender has had an opportunity to Inepdot such Property to anus the work has been completed to Lender's sadsfectlon, provided thef:`such Inspection shall be undertaken promptly. Lander may disburse proceeda for the repairs still resuvadon in a skngle 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 lnsurance proceeds, Lander 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 shag not be paid out of the Insurance proceeds and shall be the sole obligation of Borrower. If the restanilott or repair Is not economically feasible or Lender's security would be lessened, the Insurance proceeds shag be applied to the sums secured by this Security Instrument, whether or not"then due, with the excess, If any, paid to Borrower. Such insurance proceeds shall be applied b%the order provided for in Section 2. if Borrower abandons the Property. Lender may file, rtegotlete and settle any available insurance claim and related inatbers. If Borrower does not respond w**i 80 days to a notice from Lander that the Insuranoe;barder has ofiared to settle a claim, then Lander may negotiate and settle the claim. the Si- * period will begin when the notion is givan. Jn either event, or If Lender aoquireo. the Proper under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's.dolits to any insurance proceeds in an amount not to @mod the amounts unpaid under the Note or this Security Instrcmtent, and (b) any other of Borrower's rights (other then the right to any refund of uns" premiums paid by Borrower) under all kwx mxm poll" covering the Property, Insofar as such rights ars,"Icable to the coverers of the Property. Lander may use the insurance prooseds .either to repair or rsstme the Property or to pay amounts unpaid under the Note or this Saourlty lrisirument, whether or not then due. a. Oocupsncy. Borrower shall occupy, astabLeh# and use the Property as Borrower's principal residence while ;sixty days after tits execution of this h Security Instrument and shall continue to occupy the P!roparty as sorrowees principal rsalderce for at least one year after the date of, occupancy,. unles`e*. L,e war otherwise swan In writing, which. consent shall not be upreasonab.y 4qithheid,?or `i[nlass extenuating olrourgptanoas exist which are beyond Borrower's control.. j 7. Pteeervedon, Mttantancs and Prolecdlan of .tbs Property; laspeclione. Borrower shall not destroy, damage or impair the Property, or remove or demolish any building thereon, allow the Property to dsteriorate or. commit waste on the Properly. Manther or riot Borrower In radding In the Property, 8orrower.sha 'malntaM.the Property In good condition and repair In order to prevent the Property from -do ng.or decreasing In value due to Its oondldon. Unless It is determined pursuant to Section 5 th repair o .rastoratkm Is not economically fseelble. Borrower shall promptly. repair. the Property In good and workmanlike manner V damped to avoid further 77ltu ?tfA Pegs 7 or to TO an M==W B1ti7315N41 Z8 , 03-6119-ocso16996-Z deterioration or damage. fonder shall, unless otherwise agreed in writing Borrower, have the rlght : to hold Inswance or condemnation p rocumic if between insurance and condemnation Prooasds are:; paid In connection with damage , Borrower shall be rosponsiiife for repairing or re to, of the taking of, the Progeny prooasds for much purpose6. Lander may dleburae ths M1)sftY orgy If Lander has released sfnDle Payment or In a sartae Of ?oceedm for the r*Wm and restoration In a S conde bVW manatbr proceeds in, not suffi PrOW"S PParnente as the work is completed. If the hauranoa or relieved of Borrower's obligation for the com sPs1 or restore the Property, Borrower is not lender or its pletion of f at?r repair or restoration. agent dray make reawneble entries upon and Inspections of the Pro has reasonable cause, Larkler may inspect the interior of the t Psrp If it Lender shall give Borrower riadw at the time of or prior to such an In i? on the Property. such reemom" cause. (.ender does not make any warroW or r? irs« error ding, and assumes no lbpfty for, the work done on the Properly, and Borrower elm' and right to rely In any way on' ,any inspection(s) by or for Lender or its agent. Borrower have be solely responses for determining that the work is done In a good, thorough, efflolent and workmanlike manner In aocoMmce with all applicable laws. Borrower shaft (a) spj ear in and defend any action or Pro security hereof, the Property{ or the rights or powers of Lander; ?nUmdoes o? to affoo the Lander, to the admat of Lonobr's Interest, an claims i?0r? assign to and any award, court judg@Mi ant, or proceeds of settlement demands, or cacti c of dam of any kind, of notion of any kind which ,9orrower now has or may heresAw ?• fiend or amuse to any Interest In the mcquWdon or ownership of the Pro acq or relaft perty. arising out of any prosecute any such claim, tdtimaid or cause of action.Without Muhing er gait not have any du sy to claim, demand or cause of auction arising out of or the foregoing, saiti such ownership of the Property Include U) any such Wiry or to Interest, sition daamm ge to the in the sogWnclud or g without limit injury or dame; to any structure of Improvement aittiated 1hetre Propertyf claim or cause of action In favor ofAlarrower which Wi ee out of the transaction ton. d I or any claim part by the msidng of the loan scoured her financed in whet or in (except for tool) °?• fuel ?+ olsfrn or cause Borrowetlo h%.kpjtuy) which arhea am. a rosult of ny negligent nation In favor of . inrmModon or: opoir of the Property Including or improper subsurface thereof, or of any building or etructtue thereon 'or (lv) without Y pmt' aproceedsrty of iaft anura or whether or not regWred by Le Ww payable as a result of any ce, the Pro dsnpses to or otherwise relatirp to th by in It the yore n.In aan as may apply, use or release such morgue so received 8. Botrowwt?e Lo provkied in Paragraph 8 for the proceeds of insurance. process, srih r L or. a APP Cotton. Borrower shelf be in dolault If, during the Loan application any P,ersonm or afititles soft at .the direction Borrower or Borrower's rya materially of with knowledge. or goneent tales,.mWeeding, or Inaccurate statements to Lgr.Wor jor falled to provide !.ender with materiel ? Mfo withn or Loan.: Metital .". nepreesntctior a iihcluila, )lint " are not Imited mrsp? connection w the Borrower'a coor?papay of the l?opor* ea Borrower's W9nolpsl residence. c !daa8 9. praMcMoip of LwWmea prparew In tb'e Property end R%OW Under We If (a) Borrower We to. 8so t, In this so ri i Perform the covenants and agreements contained In nsmsnsiM. (bf . there b a ???:? that m Sactxhe Property and/or ? ariWdfkarhtly affect Lendapr's interest In the rights: under"=thiy Security ktelrument (such as e proceeding aondernnatibn or attain bank P ,,far fjorfelture , for.s anfonpomenf of.a pars wvhbh mayruPtoY? this Secwrlty, .Instrument. or to tanforoa . laws. over ?P?y. khan Lender. ? ca'a), or (c) Belrower item aband on?ed the t roperts may do;. 'and. Pay for whatever is reasonable or appropriate to interest In the .Property and. rights under this.Security Inatr ipr°ting . ument,. Mcluding protecting r+ae rors+rrv?w,? page a of is TO an RWxWM= BK 1..7.3 5`PG 412 9 03-6119-005016896-2 and/or assessing the valae'.of the Property, and searing and/or repairing the Property. Landers actions can Include, but are not tipped to: (a) paying any sums secured by a pan which has priority over this Security )pvrument: (b) appearing in court and (c) paying reasonable attorneye foes to protect its Interest' In the Property and/or rights under this Security irwsrument, including Its secured position in a bankruptcy proceeding. 800ming the property Includes, but Is not limited to, entering the Property to make repairs, change looks, replace or board up doors and windows, drain water from pipes, onminste building or other code violations or dangerous conditions, and have udNn turned on or cff. Although Lander may take action under We Section 9, Lender does not have to do so and is nbt under any duty or obligation to do no. It Is agreed that Lander Incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts d(abiifaed by Lender under this Section 9 shall become additional debt of Borrower soamW. by this $;ecurlty Instrument. These amounts shell bear Interest at the Note rate from Via date of disbumernent and shall be payable, with such Interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasshoid, Borrower shall comply with all the provisions of the Isess. If Borrower acquire fee title to the Property, the lsssehc)d and this fan tide shall not merge unless Lander agrees. the merger In writing. 10. Mortgage zCe. If Lender requited Mortgage Insurance as a condition of making the Loan, Borrower shall p?y the premiums required to maintain the Mortgage Insurance in effect, If, for any reason, the Mor'Ftgage insurance coverage required by Lender oaeses to be available mom he mortgage Insuurer;that previously provided such bursa nce and Borrower was required to separately designated; payments toward the premiums for Mortgage Insurance shall pay the premiums roqulred to obtain coverage substantial` Borrower w equivalent to the Mortgage insurance provfoush? in efFlct, at a cost substantially equivalent to the coat to Borrower of the Mortgage kaurance pravlo*y In effeot, from an alternate mortgage maser selected by Lander. If substantially equivalent Mortgage hnsumnce coverage Is not'svallabie, Borrow shall continue to pay to Lender the smour(t.= of the separately designated paymarts that were due when the insurance coverage tossed to be In effect. Lander will accept, use and retain these payments sal a non-refundable loss rase ,die In lieu of Mormon Insurance. Such loss reserve shall be non-refundable, notwithste(OW.the feat that the Loan is ultimately paid In full,. and Lie nder shall not be required to.pay BoRpwer any Mtereat or earnings on such loss reserve. Lender can no longer require lose reserve:payments It Mortgage Insurance coverage On the amount and for the period that Lander requiree)jxovided by an Insurer selected by Lender again beoomes evagable, is obtained, and Lander requites separately designated paymo= toward the premiums for Mortgage bvwonce. If Lender d requ,dred;Mortgage Insurance as s condition of melptg the Loan and Borrower was required to. make separately designated payments toward do premiums for Mortgage Insurance, Borrower shall the premkarrs,requfred to maintain Mortgage Insurance In effect, or to. provide a; non_ "' deble ;loss. reserve, until L ander's requiremot for Mortgage Insurance ends in accordance wilt . any. !!tt:art agreement between Borrower and Lender providing for such termination or rattil t... Iw tt jon Is. required by Applicable Low. Nothing In this Section 10 affects Borrawera•obpgatkui to payintereat st the rate provided in the Note. Moripags IrtsurariasAjoltnburses • Lender (or any entity that purchases the Note) for certain losses. Itmay. inair If.ecrrovl? does not repay tits Loan ee agreed. Borrower is not a perry to the Mortgage Insurance. ..a Mortgage insurers, evaluate their total risk on all such. Insurance in force from time w time, and may:anWinto agreements with other. parties that share. or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage Insurer and the other party (or parties) to these agreements. These agreements may require the mortgage Pape 9 of te. TO sE it>!f'OQD>Zt1 1.30 gK1735'PG . le. 03-6119-003016896-2 Insurer to melee PaYmanta "V any source of funds that (which may hxawo flaws aotahrsd from Mortgage k?suran? mOrt9W Insurer may have available As a remit of tha d."mgraementa, Lander, any purchaser of ?)Nota raMsurer, any other entity;'; or any a"Mate of of • another any lnwrer, any Indirectly) amounts that darIva from (or might the elwmcterized Wzod dng, a may p ?1e Borrow ,8 Payments for Mortgage Jn?uireros, In ao) a Portion of orrowsr pay, a reducing br M tga 9drOnt axchange for shaft or modifying the mortgage lrwq r'a agreement provides that an effWaos of Lander the InWrer s risk In axohanps for a share of the premiums pold to the ins t urar, an alws a O wet often to"nad angemerm? '*captive reir,846noe." Further lid Any such mgrftn& nbr wIp not afteet the srnowrb grst Bon!ower hsa raw Mortgage Inauraeae, or a*., gave termra of the Loan. Seth agrearimm. wpI e?rbt inoramaoo for amount Borrower will owe _or Mtqs In#urarree, and they will not eatltis Bcerowar to any rotund. ; . (b) Any such a VA Jp not IYIarlgags y uratrvs order the floc mrm the Hip Smoww has - If any - with reaped to rights may inckWa the Aght:'to r0celw certain e to or en law. m of Timm the Mortip" Insurance, to; have ow Morlgsg0 Imurance tirariAatsd of revolve a refund of any Mork"Ve Mariam prey tint were unread at the tim of * mdjW w to canowhwon or teraftetlen. 11. Asatlpensnt of hereby assigned to and shah fie p? ander • Fob • All vellaneous Proceeds are If the Property In darnigsd, such Miscellaneous Proceeds e applied Lend restoration or repair of the Property, if the [+?toration or repair In economically shelf fesalbl and not lessened. During such repair and restoration period, Lander have the right to hold to hold is AAiscellorasros Proceeds untV'?e has had an es inspect a alai the work has been . om eted to Landers satisfaction, to d the property to scours undertalm. rompdy. provided that inspacUon shall be In a series of pr MW Pay for the repalra and reotoraton in a single daburnemant or or ogress payn?ente as the work la oorr"oted. Unless an writing agr Is Appllomble Law requires IMareot to be paid on. such hisceIbrwouaownsnt d made to ander shell not be required to pay ?,rrowar any interest or owd scus ads, eds. if the restoration or-repair Is nof'soonorn?h! feasWfo on s t would be a proceeds. the Miaoapanaow or Lender's ssonxly would be , the PfOC?` shelf bA applied to the sums sealed this lessened Security or not then due, whir the ex 666-.It any, paid to Borrower. S? Aso Instrument whsdbe applied In the order provided for in Section 2. Proceeds shall be Misted! In the ?t of a totat..telft dsstr?on, or loss In value of the Pr or not then due, itaomds Od bs; applied to. the mums msased by this Security insttunt, wy, the with the si xcei4, N any, paid to Borrower. rnerrt whether In the-ovwt of a PwtWtmidng, destruction, or Jose In value of the Pr fair market value.of the opsrcy in which the in equal to or " ?oPa!. Imrnsdtrtaly.,before the partial takkrg, , or loss M value gnmt. . then ,lhs amount imrri el of the Burns secured by this Security instrument sdiity: bstore the: d>erti alotherwise destruction, or 108i !n value, union Borrower and Lender VU .In . wr?g, 'the' secured by We Security instrument chap be . of tits Mtioelhm k reduced by the amount mWplled by the following frsott: (a) the total amount of the sums #sourad Irixi cited p!aceeds the fair market:. Y blfore the partial taking, dsetruotlon, or loss In value divided value. Any b ?; bo ? °?a?y before the ganged taking, destruction, or lo n) ss In In the event of a p 1ck ??. market value of tiis Partialtailing, won' or kiss in value of the property In which the fair ArcAertli knrtiedlately before the partial taldng, destrucd n, or loss in value is Pea+cnv?w? , Taaoemaafl .. ;:.page 40af1e TO an 22CORM BK1735PG4131 . ......... ..... 03-6119-005016896-2 lees then the amount of the sums secured immediately baton the partial taking, destnmdon, or loss In value, unless Borrovier and Lender otherwise agree In writing, the Miscellaneous Proceeds shall be applied to the sums`8e0ured by this Security lestrtrnent whether or not the sums are then due. If the Property is abandoned by Borrower, or: lf, after notice by Lender to Borrower that the Opposing Party (as def'eed In the next sentence) offers to make an award to settle a claim for demages, Borrower fails to ;respond to Lander within 30 days after the data the notice Is given, Lender is authorized to call* and apply the Mscelaneous Proceeds either to reeronWon or repair of the Property or to the sums secured by this Saourity lnstrurnent, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower hao, a right of action In regard to tMeoedensous Proceeds. Borrower shall be in'default if any action or proceeding, whether aN or odmbd, is begm that, in Lender's Judgement;.' could result in forfeiture of the Property or other material Impairment of Lender's interest in tho Property or rights under this Security Instrument. Borrower can cure such a default and, if accalarstion has occurred, reinstate as provided In section 18, by causing the action or proceeding to be dismissed with a ruMv that, In Lender's Judgement, precludes forfeiture of the Property or other material impairment of Lender's Interest M the Property or dghte under this Security hwtniin?, ant. The proceeds of any award or olslm for damages that are attributable to the Impairment of L ander's inUout in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous FWoeeds that are not applied to restoration or repair of the Property shelf be applied M the orde , rovilsd for In Section 2. tZ. Borrower Not Released; Forbearance By Lander Not a Wahm. This Seowlty instrument cannot be clumged or mootfled except oc otherwise provided herein or by agreement M writing signed by Borrower, or any#Sucoessor In Interest to Borrower and Lander. Extension of the time for payment or modlficatloft of amonizedon of the sums se=W by this Se urlty Instrument granted by Lander to Borrower or any -Successor M Interest of Borrower shall not operate to release the liability of Borrower or any Successor In Interest of Borrower. Lender shell not be requdred.to commence proceedings against any Successor In Interest of Borrower or to refuse to extend time for. payment orx otherwise modify amortization of the suns secured by this Saourity instrument by reason of arty demand reeds by the original Borrower or any Suoosssom in Interest of Borrower. Any forbearenoe by Lander In exercising any right or remedy krolurBng, without limitation, Lander'e aoaeptirm of payments from third persons, entities or Sucoesson in k"MA of Borrower or-in amountstess then the amount then due, stall not be a waiver of or preclude the axerolse of.any right or remedy. No waiver by Lands of any right under this Security irshurtent shall be a leadve urdess in-wdting. Waver by Lender of any right granted to Lender under this Security. instrument or of:;agy proyidom: of file Security. Instrument as to any transaction- or oooun moe shall not be de rnad a waiver e. m emy futcue transaction ar orxiu?nsraa. I& .1100t ; and - Saiird• Ud ty; Co-dpwres Sueopma ad Aagae Bound. Borrower covenants end.agreep that{Borrower's.obggaft= end dabptty dua be joint and several. However, any Borrower who oo-sign this Security Instrument but does not sisoute the Note (a "co-signer"): (e) Is oo-sign g:this Security instrument only to mortgage, grant and convey the co-Ngner'a Interest . In the ; Property under the terms of this Security Instruments (b) Is not persona y 0wigeted to Pak the sums secured by this Seautty Inewment; and (o) agrees that Lwndar snd•. any. other ;borrower can -agree to extend, modify, forbear or mate any aocwrnmodetians with..reg? to the terms of this Security Instrument or the Nom without the oo•signer's oornsernt.. ?;_ .. - . • , Subject to the prgyistons of-.Section 18, any Successor in interest of Borrower who assumes Borrower's obligations under this Seourity•.Instrumant In writing, and Is approved by ? pro' icy page 11 of is TO Ss. lrWORDZD a. 8K:1735PG4I32 3 ' 03-61.19-005016896-2 Lander, shall obtain all of Borrower's rights and benafhs under this Security instrunerrt. Borrower shell not be released from' Borrower's obllgadons and liability under this Security Instrument unless Lender Ogress to such release in writing. The covsnants and agreements of rids Security Instrument shell bind (except as provided In Section 20) and benefit the sucoessors and assigns of Lender. 14. Low Cherges. Lender may charge Borrower fees for services performed in connection with Borrower's default, W."the purpose of Protwd rights n8 Lender's Itlterstt in the property and under this Security Instrur i k including, but not firndted to, attomeys' fees, property Inspection and valuation fees. Borrower shall pay such other charges ee Lander may deem ressonsble for services rendered by Lend* and fumished at the request of Borrower, any Successor in interest to Borrower or any agent i f Borrower. 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 foes that are sxprasely prohibited by this Security instrument or by Applicable Law. If the Loan Is sublaat to a law which eats nexlmum loan charges, and that law is finely Interpreted so that the Interest or other loan charges collected or to be collected In connection with the Lowy exceed the perMitted limits, then: (a) any such loan charge shell be reduced by the amount necessary to reduce-the aherge to the permitted Nndt; and (b) any sums already collected from Borrower which axcooded Permitted limits w(N he refunded to Borrower. Lender may choose to make this refund by raddiing the principal owed under the Note or by melt a direct payment to Borrower. If a refund red?,uces prhoipai, the rsduodon will be treated as a partial prepayment without any prepayment d>aros (whether or not a prepayment charge In provided for under the Note). Borrower's scospw&e of any such refund made by direct psyrnsnt to Borrower wig constitute a waiver of any tof action Borrower Might have edging out of such ovwoh:rgs. 15. Nodoes. AN nogiven by Borrower or Lender in commotion with this Security lWn ment must be In writing. Any notice to Borrower in conneoton with this Security Instrument shall be deemed to have bsaq given to Borrower when mailed by first done MOO or when smelly delivered to Borrower's notI6 address If sent by other mum. Notice to any one Borrower shall constitute notice to ag 8arrovvms unrest Appgcabk Law expressly renpdrea otherwise. The notice address shall be the Property Address unions. Borrower has designated a substitute notice address by notice to Lender. Borrower-shall promptly notify Lander of Borrower's ohemga of address. if Lender apedfips s.procsdura?-#or reporting Borrower's ohsnos of address, then Borrower shall orgy report a ctongs of address ;through that specified procedure, There may be only one designsted notice address under this Seanity Instrument at any aft time. Any notice to Lender shag be given by delivering' It or mailing it by first doss mail to Len WO address stated heroin unless Lender has designated another address Icy, notice to Borrower. Ally notice In Ommotbn with this Security Instrument shall not be deemed to have dream given to Lender until sctuaNy received by Lender. If any notice required by. this.:Securlty instrument is oleo raqulrad under Applicable Law , the Applicable Law requirement: Wgl satisfy ON corresponding requirement under this Security Instrument. IS- W !ft Law.- ?e.ve?rabMfy. lRdss of Canitruotion. This Security Instrument shell be governed.by federal law.anc(?.y,u, lilwAt the Jurisdiction to whldh the Property Is located. AN rights and omens , oontdned...iFR . this -8saurity Inttnmmahht are subJeot to any requirements and limitations .of .Appltcr l70t. Applknable Low might. prpAcitly or Implicitly allow the parties to agree by contrast or iE. mipt t; be agent, bit such aliens .shalt not be construed as a prohbidon against alinement. by 6onti6t: In'. the avant that any. provision or clause of this Security Instrument or the Nate cc f.kM s with Applicable Law, such conflict shill not affect ocher provisions of this security .;instrument or the Note .which can be given affect without the rrNerrcwwu? ?• s los 01n Page 12 of IS To an X=RD 1D PK173SPf'4133 ?= 03-6119-b05016a96-$ conflicting provislon. As used M this 8aWky instrument: (a) words of the mescullne gander shall teen and include corresponding nether words or words of the f shell mean and inoluds the' plural and vice verse; and (c) tha word-ma) words BOW ft singular without any obligation to take any action. 1?" Alves ?!e dlacred er 17• Borrowees Copy. Borrower shall be given one c Instrument. oPy of the Note and of this Security 18. Transfer of ihs Property Or'a 18, "Interest In the Prop""" means any legal r bbenefloatal lta, l IR Borrowed Swoon Iniarest In m'. As art In this ng, but not limited to, those benbfiolal Interests transferred In a bond for dew i f? but Installment sales Contract or escrow, agreement, the intent of which Is the transfer of t dead, Borrower at a future date tole purchaser. b by If all or any part CC . property or any Interest In the Borrower Is not a natural; Pwson and a benaftotal l Property wre is sold or transferred {or if Without Lender's prior written consent, Lender may n In Borrower Is sold In ful or otrandwed) f an sums secured by this. Seowity lnstrument. However, this pti ioonirshal not be payment b a d r exercise Is prohibited by Applicable, low. maercdsed by lender M such It leader exerotsea':this option, Lender WWI give Borrower notice of acceleration. The notice shalt provide a parlcd of not leas than 30 days from the date tta notice Is given in accordance with Section Ikwithin which Borrower must pay all aurae secured by this Security Instrument. If Borrower faiito Pay these sums prior to the expiration of this period, Lender may Involve any remedies perml* by this Security Instrument without further notice or demand on Borrower. 18. sorrowees Right?to Iiebtamte After Acceleration. If Borrower mesh certain .Borrower shall have the rWto have enforcement of this Security oortdtdarrs, time prior to the earliest of; (p) live days before sale of the Property p di°Oy power r f any contained In thin Security Instrumant; (b) such outer period as P of efor the termination of Borrowar qj right to rainstate; or (o) qntry of a Jud ? WLaw arnin ? Security Instrument, Those conditions. are that Borrower: (a) pop Lander ef sums which then would be due under this .Security Instrtlrment and the Note as if no acceleration had default of any other oovenaftte or agreements; (c) pays all s occ urredy : (b) sera an xpen Security Instrument, Including, but not limited to, reasonable ? ? Inoue In enforcing We and valuation teas, and otherifees Incurred for the Purpose of , PrOpe? Inspection Property and tlghts under sec Pdte0ting Lander 's Internet in the reasonably require to. assure' Instrument; .and (d) Wm such solos as Lender may lsndsNa Interest In the Property and rights under this Securit Instrument, and Borrower's 0-090atlon to: pay the sums secured by this Sewuri Instrum ll oonthwe unchanged. - Lender; May require that Borrower Pay such reinstatement sums shah expenses in one. or r?uore..of this fotlowtng forms, as selected b ams and (o) certified check bank chegk, imisurer's.check or by isncler. (a) cash: tic) money order; drawn upon an tnsUpition r,:rhoea d cs°he?s check, Provided any such check Is eposits are insured by a federal agency, instrumentsky or entity; or (d) Elect=9c Funds"Transfer. Upon reinstatement by Borrower, this and obligation. secured hersky shah remain fully effective as if no aeodieraft had c umsnt oauned. However, this right to raiissta - shall not apply In the vase of acoderation under Swo 20, 1110110 of -Note .0"op,of Lou SwWm Notice of on 10. interest In the Note (U*W er,. with this Security InStruat) can can be enoe, sold o The ne or Note or a partial without prior notice to Borrower. A sale might result in a "Loan swrAW ) that odllects-Nriodio change In the entity (known as the and performs offset mo Payments due under the Note and this Security Instrument rt9ege ban servicing obligations under the Note, this Security Inah ant, 'um ?; 03-6119-Oa5016996-3 and Applicable Lew. There also might be one or more curves of the Loan Servicer unrelated to a sale of the Now H there is a;ohangs of the Loan Servioer, Borrower will. be given written notice of the charge which wig state Ala name and address of the new Loan Serviasr, the address to which payments should be made aid any other Information RESPA requires In connection with a notice of transfer of servicing. If the, Note W sold and thereafter the Loan is savkpd by a Loan Servicer other then the purchaser of; Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servioer;or be transferred to a successor Loan Servicer and are not assumed by the Noe purdiaser urdees;etherwim provided by ties Note purahesar. Neither Borrower nor.' Lander may commence, Join, or be joined to any judicial action (as either an Individual gtgaet or; the member of a close) that arbses from the other party's actions pursuant to this security lrntnsnant or that alleges that the other party has breached any provision of, or any duty oared by reason of, this Seourity Instrument, until such Borrower or Lander has notified the other.,,PwW (with such notice given in compliance with the requirements of Section 15) of such aftad breach and afforded the other party hereto a reasonable period after the giving of aucFi notice to lake corrective action. 'If Applicable Lew provides a tine period which must elapse before certain motion can be taken, that time period will be deemed to be reasonable for purposes of title psrsgreph. The notice of acceleration and opportunity to cure given - to Borrower pursuant to Seo* 22 and the notice of acceleration given to Borrower pursuant to Seddon 18 shell be desme i to satisfy the notice and opportunity to take corrective action p ovislons of this !Section 20 °, 21. How&m a Subs?nces. As used In thle Section 21: (a) "Hazardous Substances' ere those substances defined `„ss toxic or hazardous substances, pollutants, or wastes by Er?vlronrnend Law and the .;olliming substances: gasollns, kerosene, other flammable or toxic petroleum products, twdo'asticidee and herbicides, volatile solver, materials containing asbestos or formaldehyde, and radioactive materials; (b) %Wkarmnsntal Law" means federal laws and laws of the jurisdiodon wham tits. Property is, locoed that relate to health, safety or environmental protmodon; (a) 'Environmental Cleanup" includes any response action, remedial action, or removal Motion, a:deflned In Environmental Law; and (d) an 'Environmental Condition' means e condition that can oeui % contrRiute,to, or otherwise VWw an Environmental Cleanup. Borrower shill cot caws or permit the presence, uss, disposal, storage, or release of any Hazardous Substances,. or *eeten to release any Hazardous Substances, on or In the Property. Sommer. shall not do, nor tallow anyone miss to do, anything affecting the Property (s) that Is in violetion of any Env6nm rial Law, (b) which creates an Environmental Condition, or (c) which, due. to the presence, use. c ;reteaee of a Hazardous Substance, ensures s condition that adversely effects the value of the Proerty. The preceding two sentences shag not apply to the presence, use, or, storage on the Property . of ar ndAt ghisrttitles of Hersrdcus Substances that are generally recagniaed tp be. apprapriss:to normal residandrd yses and. to mslrtenance of tits. Property (Inoludhtq, but noel- lhilted tok-hazardous substance In consumer products). Borrower shag prorr&y. give raider written notice of des) sny Investigation, olalm, demand, lawsuit or'oth i action by Any governmental or regulatory. agency or private party Involving the Property and any Hazeri" Substance .or Environmental Law of which Borrower hex actual knowledge, (b). any ErMrorl7nsntal Condition, including but not limbed to, any spilling, leaking, ,dlechwgs, release or thraat;bf release of any Hazardous Substance, and (c) any condition cawed by the presence, use, or rei$sse of a Hsurdow Substance which adversely affects tie value of the Property: if Barrawsr or is notified by any governmental or regulatory authority, or any private . party;'. tl?et any . r, vsl or other . re nadledon of arty Harsdous Substance affecting the Property is. neaasasry, Som Kvw shd promptly take all necessary remsdiai actions in accordance with Emlironmental Lew.::: ;Nothing herein shalt create any obligation on Lender for an Environmental Cleanup. A.:. 03-6119-00501.6896-2 NON-UNIFORM COVENANTS. follows: Borrower and Lender further covenant and agree as - ?' 22. Aaadwation; tjamnBss. Lender al" give "aft to Bcr<awar A not following Borrourwe breach of any covens" or agrWoment in this Secur ty Pafor to acceleration under'Seotlon 10 unless AppftW taw provIdes . -W. n agott d W (a)the d e tw rwtios Is in mload -to am Vm dsfwdh (0) a data, not Ise lion 30 that falhbe to aim the elsfiu[t t . by wM* do dot roust be Owed; and td! thior beftre s the deEs speout in the nodes mW result In acceleration of fhe sum Seemed an Sam" ftWuramt knslssun by )mWd pig arld ade of the Property- The nodoe star briber infam Bwmw r of the dgk to rs? alter mocalmadon y ether ddndes ro of Or to s" 't In the ficredmm Proeaedi g the non-adatenea of a do%^ or an spedW, Lam at 1.b optima may and foredomare, if thee d in not abed as Seeuetty km*ueatet 0 wlthout..furdw dnnaad and Pa!?nm@ in this Self SA SUM wound by tbM ecurity Proceeding. Lender shill tie; seated to mom alp«gp Lammed (a.kasaneral by maN&W dras P ammmom to ON amland rovided In 22, inobtgng, but not llanhad to. alt unsys• twain goaft . tie Psne!klsd by Apprssbb Lane. if Borrowar of any successor be Intenet to Borrower fie (or has flit agaMst Bonoww or Tlde g or any anae+oeesor in ntet to awnmmd a bankmoft y Pedtion under for the eaarktg of 'my suaxasw idle of the united States Code v*M Probes Pnpsdtf4dMault due on the Nob. Interest at a rate deter by U. Cartel attar be paid to Lwider, on pest-peNtlwt aeewre. 23. Release. Upon paYnnnt of edl sume secured by this Securhy In Instrument and the estea 'gonvaysd Shall termInate and booome void. After ?t?rr?y Lender shall discharge and ?`aatlsfy this Security lnSMm" t. Borrower shed) Pa costs. Lender may dtarge Borrower a fad for releasing this Security instrument but o y if theee Is not prohibited by Applembia Law. rd if the fee 24. VION01. BwmvVr, to the extent permitted by Applicable Law, waives and any error or defsots In proe7edinga to enforce this Security Instrument and here releases benefit of any. present or a taws provldlag for atsy of exacutlon, extension of tuna, from attaohnnnent, levy and a'? , and*homestead aasmpdon. exwnpdon, to one ham' ant PO" B0?ees time to reinstate provided In Section .19. char extend prior.to the eammeneemmt of biddkV at a sherrI f'e sale or other. ode Purmant.to this Security tnetruift t. tit . 28. Puidaee MqMY'Mortgsge..lf.any of the debt secured b thi lent to Borrower to mc**e titre„to the . Y a Security lnetrument Is moray martpage, n Property, this. Smourity Instrument shall be a purchase 27. lovrest.nate Afia JydgmeM.`BOrrower apren that the Judgment is entered on the Dote or In an action of mortgage foredosurl shall be tea ra eep?le from Ilene to finis under the Alpte. W SN3Nr11t3 BELOKit P rowsr aeeopts and agrees to the terms and covenants contained In-this .Security lrtapuetisnt al Ira. any Rider. executed by Borrower and recorded with. it. TO sa xWomw t 03-6119-005026896-2 (Space Below ThIB Line For Aaknowledgnmtl i certify Chet the addrae of P*a foregoing mortgagee SYLVAf& WI >? • - County as: before appeared known to me for ealtafac to the wit#iht buounent herein oontdnkd. Proven) to be the hose name acknowledged that executed earns EOF,1 heiaunto set ttMtte?lraMgNeeMelYMOaa+lan a t1cM? Paps 1e of 16 TO W Rucomm U Land ..........._. _. ,.. ¦ ¦.ir U ..: Dea Number cdptfon ALL THAT and. erected eo IN lot of land and Newville, n. situate at SB the lnprovea?ents situated bounded and d erZand County. PennsylB fa street ibed as follows: ? Borougb of more particular,, ON THE South bY property now or by ;t?o? said Broad Street' by an alley; er'-Y ct Clair SOllenerge on the West Glenn Glenn Hohnand, °n the East by property ro on the Nor formerly or HAVING a frontage on said Broad Street oextending in.- depth at an even or Sixty Sao) t®et a t c feet to said alley on the Nom thGNuirWred Eigh improvements. and one-half story brick dwells aProved with 'M house and other and xifaU the ease premiaea which garoid D. Y heir dead dated October 12 . Snyde andr and d enga !. Sn7der, husband p Recorder of Deeds anted In and for Cumbarland Counx, and r ? the Office of the husband s and conveyed to Jahn G. etterhoffanad s In Deed Book moregagor? t1ereia. Beth A. Settarhoff; , I Certify this to be recorded In Cumberland County PA Reeorder of Deeds 333834 BK i 735PG4138 ;r Washington Mutual Mailstop JAXA2031 P.O. Box 44090 Jacksonville, FL 32231-4090 7100 4047 5100 5136 5203 March 17, 2008 BETH A FETTERHOFF 56 BROAD ST NEWVILLE PA 17241 000087 /PC 0050168962 ® Washington Mutual HOME LOANS WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0050168962 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you rind a lawyer. LA NOTIFICACION 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 TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. PA ACT 91 ijbi ' , ff 4541, *trio I A HOMEOWNERS NAME(S): Beth A. Fetterhoff PROPERTY ADDRESS: 56 Broad St. Newville PA 17241 LOAN ACCT. NUMBER: 0050168962 ORIGINAL LENDER: CURRENT LENDER/SERVICER: Washington Mutual Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN T XT (301 DAYC IF YOU DO OF THI NOTI E CALLED "HOW TO CURE YOUR MORT A E DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIL - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The namr_s dda?r_essac gnd telephnn . numbers of designated consumer credit counseling ngen ies for h county in which the pmr pcay i. located are t forth a h end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY, AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you, if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) ti 000087/CO826 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF TIRE D .FA 1 .T - The MORTGAGE debt held by the above lender on your property located at: 56 Broad St. Newville PA 17241 IS SERIOUSLY IN DEFAULT BECAUSE: Non-payment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Installments: 01/01/2008 $872.56 02/01/2008 $888.77 03/01/2008 $888.77 Other charges (explainfitemize): Uncollected Late Charges $98.67 Uncollected Fees: $0.00 Less Credits $000 TOTAL AMOUNT PAST DUE: $2748.77 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2748.77, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bycash- cashier's check certified check or money order made payable and sent to., Washington Mutual Bank Cash Processing P.O. Box 41275 Jacksonville, FL 32203 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Not applicable): IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender Intends to exercise it< rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgagor proprtv. •IF THE MORTGAGE S FOREC IK D UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure th default within 6 THIRTY (30 DAY pwjW, you will not be Mquired o_pay s rn y's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. PA ACT 91 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY and foreclosure proceedings have begun, =, may still have he right to cure the default and prevent the sale at any time up-== the lender and by padorming any other requirements under he morlgagg Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: Washington Mutual Bank Address: 7255 Baymeadows Way Jacksonville, FL 32256 Phone Number: 866-926-8937 Fax Number: 904-281-3914 Contact Person: Collection Department Email Address: www.wamuhameloans.com EFFECTS OF SHERIFFS SALE, - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale, and that the other requirements of the mortgage are satisfied. • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. PA ACT 91 ti Washington Mutual 0050168962 Mailstop JAXA2031 P.O. Box 44090 Jacksonville, FL 32231-4090 March 17, 2008 #BWNCLNN# #0900509168996297# JOHN G FETTERHOFF 56 BROAD ST NEWVILLE PA 17241 000084 /PC Washington Mutual HOME LOANS WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0050168962 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Notice contains important legal information. N you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA 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 SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. PA ACT 91 i* HOMEOWNER'S NAME(S): John G. Fetterhoff PROPERTY ADDRESS: 56 Broad St. Newville PA 17241 LOAN ACCT. NUMBER: 0050168962 ORIGINAL LENDER: CURRENT LENDER/SERVICER: Washington Mutual Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS, IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FOR . TRF - 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 "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MTWr ntrrTA vvrrwnv 7wwv I.m.rr 12A% n A vo fC t - T - Or THIS NOTICE .Ai-LED "HOW TO CITRF VnTTR MtIAT(`ef`R nuuetn Tn uvpr wpm v.,.¦, ..r. BRING YOUR MORTGAGF, UP TO DATE_ CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The am .s addresses, and telephone numbers of d cigua ed. consumer credit counseling agencies for the county in which he ley is locate- are cat forth at the end of this Notice- It is only necessary to schedule one face-to-face meeting. Advise your lender ipmcdiaSely of your intentions. APPLICATION FOR MORT .A . • ACCISTANCF - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY, AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you, if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) M 000084/CO826 HOW TO CURE YOUR MORTGAGE DEFAULT (Bdn$it up to date)NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 56 Broad St. Newville PA 17241 IS SERIOUSLY IN DEFAULT BECAUSE: Non-payment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Installments: 01/0117008 $872.56 02101/2008 $888.77 03/01/2008 $888.77 Other charges (explain/itemize): Uncollected Late Charges $98 67 Uncollected Fees: . Less Credits $0.00 TOTAL AMOUNT PAST DUE: $0.00 $2748.77 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2748.77, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must r d it6 r by cash, cashier,. check certified check or money order made pgyable and en too Washington Mutual Bank Cash Processing P.O. Box 41275 Jacksonville, FL 32203 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Not applicable): IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise i s rights to aocel rat h mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged pr rty. HE THE MORTGAGE IS FOR ^'QqFD UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If von cure the default within he THIRTY (30) DAY period, you wi 1 not he required to pay attorney's fees. OTHER I.RNnER RRME_ I S - The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. PA ACT 91 ff 'r RIGHT TO CURE THE DEFA 1 T PRIOR TO SH RTFF'S SALE - If you have not cured the default within the THIRTY (30) DAY and foreclosure proceedings have begun, you may still have the right to cure the default and n"-t Ch. a•1. er ..... Tne lender =a ov nermrm,ng any other rea rem n S tinder the mortgage- Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POS.SIB .. SH .RIFFS SA . - DAT - - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: Washington Mutual Bank Address: 7255 Baymeadows Way Jacksonville, FL 32256 Phone Number: 866-926-8937 Fax Number: 904-281-3914 Contact Person: Collection Department Email Address: www.wamuhomeloans.com EFFECTS OF WERiFF'S AL. : - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE. - You may or $ may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale, and that the other requirements of the mortgage are satisfied. • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. PA ACT 91 w Washington Mutual Bank, FA v. John G. Fetterhoff and Beth A. Fetterhoff VERIFICATION The undersigned is pWtf of Washington Mutual Bank, FA and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Washington Mutual Bank, FA Date: Name: JEANELLE GRAY Title: Company: ? SGt ? hG?r M vfiv? i ?vr?c Loan: 0050168962 J 08-032847 37 W J C? J_ 4v 00 U) .p b a C) v -r-R. r..s 4.T°c C? -rt C 0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02781 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS FETTERHOFF JOHN G ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 56 BROAD STREET NEWVILLE, PA 17241 THERE WERE NO OTHER OCCUPANTS. , OCCUPANT NOT FOUND , as to Sheriff's Costs: Docketing Service Not Found Surcharge 6111Ve 9- So answers: 6.00 .00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 21.00 SHAPIRO & KREISMAN 05/05/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-02781 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS FETTERHOFF JOHN G ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon VL"VrrL DWr)W'W .TnuTT r_ the DEFENDANT , at 1015:00 HOURS, on the 3rd day of May 2008 at 56 BROAD STREET NEWVILLE, PA 17241 BETH FETTERHOFF, WIFE a true and attested copy of COMPLAINT - MORT FORE by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.00 Affidavit .00 Surcharge 10.00 5//y ?0 8 .00 Y 40.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 05/05/2008 SHAPIRO & KREISMAN By. Dep S eriff A. D. CASE NO: 2008-02781 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS FETTERHOFF JOHN G ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FETTERHOFF BETH A the DEFENDANT , at 1015:00 HOURS, on the 3rd day of May 2008 at 56 BROAD STREET NEWVILLE. PA 17241 BETH FETTERHOFF by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 v-16 . 00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 05/05/2008 SHAPIRO & KREISMAN By: Dep u S eriff 9 of A. D. SHAPIRO & DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-032847 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. John G. Fetterhoff and Beth A. Fetterhoff NO:08-2781 Civil Term DEFENDANT(S) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $109,705.93 in favor of the Plaintiff and against the defendant(s), for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid $101,275.85 Interest at 5.875% from December 1, 2007 to June 13, 2008 (196 days @ $16.30 per diem) $3,194.80 Late charges (for certain months prior to default and every month after at a rate of $32.89 per month) $197.34 Escrow Balance ($220.96) Property Inspections $8.90 Title Search Report Fees $250.00 Attorneys Fees $5,000.00 TOTAL AMOUNT DUE $109,705.93 BY: ichael .Clark, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s) and damages are assessed as above in the sum of $109,705.93. Pro. Prothy. 08-032847 SHAPIRO & KREISMAN, LLC BY: DANIELLE BOYLE-EBERSOLE, ESQ. LAUREN R. TABAS, ESQ., AND ILANA ZION, ESQ. ATTORNEY I.D. NOS. 81747, 93337 & 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-032847 Washington Mutual Bank, FA PLAINTIFF VS. John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 DEFENDANT(S) STATE OF: MN COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: COUNTY OF: ?:)C IuAr- AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff and that the above-captioned Defendants' last known address is as set forth in the caption and they are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. Washingx6nluyd4l Bank, FA By: NAME: TITLE: Sworn to and subscribed before me this SACQUELYN FREEMAN NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES JAN. 31, 2011 day of 2008. Notary Public 08-032847 SHAPIRO & DENARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-032847 Washington Mutual Bank Mutual Bank, FA PLAINTIFF VS. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANTS f/k/a Washington COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-2781 CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, June 2, 2008 to the following Defendants: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 Sheena C. Mayer, Legal Assistant to Ilana Zion, Esquire for Shapiro & DeNardo, LLC SHAPIRO & DENARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-032847 Washington Mutual Bank Mutual Bank, FA PLAINTIFF VS. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANTS f/k/a Washington COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-2781 NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: John G. Fetterhoff DATE OF NOTICE: June 2, 2008 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 Ilana Zion, Esq r Shapiro & DeN , LLC Attorney for Plaintiff SHAPIRO & DENARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-032847 Washington Mutual Bank Mutual Bank, FA PLAINTIFF f/k/a Washington COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-2781 VS. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANTS NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Beth A. Fetterhoff DATE OF NOTICE: June 2, 2008 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 ? m IaLo Ilana Zion, Esq e Shapiro & DeNardo, LLC Attorney for Plaintiff SHAPIRO & DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-032847 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF VS. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:08-2781 Civil Term CERTIFICATE OF SERVICE I, Michael J. Clark, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 Date mailed: ?2 oy SHAPIRO & DENARDO, LLC BY: '911UM, A %..e Michael J. Clark, uire Attorney for Plai ti 08-032847 SHAPIRO & DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-032847 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF VS. John G. Fetterhoff and Beth A. Fetterhoff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:08-2781 Civil Term DEFENDANT(S) CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: Washington Mutual Bank f/k/a Washington Mutual Bank, FA 11200 West Parkland Drive Milwaukee, WI 53224 and that the last known address of the judgment debtor (Defendant(s)) is: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 SHAPIRO & DENARDO, LLC BY: MULL/ Michael J. Clark, Esq i Attorney for Plaintiff 08-032847 C 4 c"IN A- a a OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Washington Mutual Bank fWa Washington Mutual Bank, FA PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANT(S) NO:08-2781 Civil Term NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Curtis R. Long Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY MICHAEL J. CLARK, ESQUIRE AT (610) 278-6800. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF VS. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:08-2781 Civil Term NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Curtis R. Long Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY MICHAEL J. CLARK, ESQUIRE AT (610) 278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: () Confessed Judgment () Other Washington Mutual Bank f/k/a Washington File No. 08-2781 Civil Term Mutual Bank, FA Amount Due $109,705.93 PLAINTIFF Interest June 14, 2008 to December 10, 2008 is $3,177.00 VS. Atty's Comm John G. Fetterhoff and Beth A. Fetterhoff Costs DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the gamishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date: Signature: WAMU (9c* Print Name: Michael J. Clark uire Address: 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 202929 7 7 -,-""' <C fl..s D?-> a -Oct 00'-ci .? QS y r 99 P -?s-r0/t 0y ,-5 6 -4-3 27 WZI -r -4-r p V i Ml ASNN3d L li .C ICJ £ I NOr OOOZ R i? %Ci ! t' v 3HI JO 301--1-11-0-091H All that certain lot of land and the improvements situated and erected thereon, situate at 56 Broad Street, Borough of Newville, Cumberland County and Commonwealth of Pennsylvania, more particularly bounded and described as follows: On the South by said Broad Street; on the West by property now or formerly of Clair Sollenberger; on the North by an alley; and on the East by property now or formerly of Glenn Mohn. Having a frontage on said Broad Street of sixty (60) feet and extending in depth at an even width one hundred eighty (180) feet to said alley on the north. Being improved with a two and one- half story brick dwelling house and other improvements. Being the same premises which Harold D. Snyder and Tenna K. Snyder, husband and wife, by Deed dated October 12, 2001 and recorded in the Cumberland County Recorder of Deeds Office on October 16, 2001 in Deed Book 248, page 3920, granted and conveyed unto John G. Fetterhoff and Beth A. Fetterhoff, husband and wife. Be SHAPIRO & DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-032847 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF vs. ; John G. Fetterhoff and Beth A. Fetterhoff DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-2781 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank f/k/a Washington Mutual Bank, FA, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 56 Broad Street, Newville, PA 17241. Name and address of Owner(s) or Reputed Owner(s) John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank f/k/a Washington Mutual Bank, FA 11200 West Parkland Drive Milwaukee, WI 53224 4. Name and address of the last recorded holder of every mortgage of record: Washington Mutual Bank f/k/a Washington Mutual Bank, FA, Plaintiff 11200 West Parkland Drive Milwaukee, WI 53224 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 56 Broad Street Newville, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DENARDO, LLC BY: ik U, a 1\ a- td Au'z Michael J. Clark, uire 08-032847 VIN'Vil`I,QV 3J ?dNM L :C Wd C I NAB' 8001 bY? :, vG' : t?jwd :,,Hi JO l SHAPIRO & DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-032847 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF VS. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-2781 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Your house (real estate) at: 56 Broad Street, Newville, PA 17241 28-21-0361-040 is scheduled to be sold at Sheriffs Sale on December 10, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00a.m., to enforce the court judgment of $109,705.93 obtained by Washington Mutual Bank f/k/a Washington Mutual Bank, FA 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 sale will be cancelled if you pay back to Washington Mutual Bank Fk/a Washington Mutual Bank, FA the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may 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 on page two of 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. 4. 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 (610) 278-6800. 5. 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. 6. 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 717-240-6390. 7. 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. 8. 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 08-032847 SHAPIRO & DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-032847 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF vs. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-2781 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 Your house (real estate) at: 56 Broad Street, Newville, PA 17241 28-21-0361-040 is scheduled to be sold at Sheriffs Sale on December 10, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00a.m., to enforce the court judgment of $109,705.93 obtained by Washington Mutual Bank f/k/a Washington Mutual Bank, FA 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: The sale will be cancelled if you pay back to Washington Mutual Bank f/k/a Washington Mutual Bank, FA the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may 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 on page two of 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. 4. 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 (610) 278-6800. 5. 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. 6. 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 717-240-6390. 7. 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. 8. 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 08-032847 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-2781 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK Plaintiff (s) From JOHN G. FETTERHOFF AND BETH A. FETTERHOFF (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$109,705.93 L.L.$.50 Interest JUNE 14, 2008 TO DECEMBER 10, 2008 IS $3,177.00 Atty's Comm % Due Prothy $2.00 Atty Paid $196.00 Plaintiff Paid Other Costs Date: JUNE 13, 2008 (Seal) REQUESTING PARTY: Name MICHAEL J. CLARK, ESQ. Ciffis R. Long, Pro tary By: Deputy Address: 3600 HORIZON DRIVE, STE.150, KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 202929 . SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-032847 Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF VS. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-2781 Civil Term CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Lisa Kosik, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, Washington Mutual Bank f/k/a Washington Mutual Bank, FA, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on July 25, 2008, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & DENARDO, LLC BY: AKisaosik Legal Assistant 08-032847 iaoaa u e 1 ° 11 OAII* pa;Olr A/N rn ???? \\\\ su JpueH N zo ?-, u i;ewai ?? ? o uo?;i 00? o? (L N y ° ? N Yl o S N O r,n o 0 ?4 . r i O1 m m "m , ?o U ? ;o C ? E ? CL U ° y o a i E ? ? w e ?c0 o m m x ?a6a6h w y m ? o w C m O a L E m ?+ c m o m ° € m O o 90 ° r (D '2 a wEm mom oa U 0000 ?, o i Z 1O v? cd N a om ? ? y`-' U p? ?O x i F m m UUOWS 00000 a a + y O ~.?. as z ) Fes- ?z U?U C 03 aA ;eublg U1006 AJGAIli d c 0 C m E m {0 U) V Q V W 7 IL s co C a C a0 y m `0 Y c L CL F- a w d 0. E 0 U m ? o a 00 a m c (D m a CO U ) ? 0, o Fa 0 ? z ai o 0 Q b > m m 2 . a °azA a g U a)?"., .? 0 c ' a 00 m 4) 00 X23 o N 0 p Oo 0, CN ?n M € N° E z? ° zcnr cn/ 4 and CO 0 N M a o o OD I m- 1 _ {_ { C',; Washington Mutual Bank f/k/a Washington In the Court of Common Pleas of Mutual Bank, FA Cumberland County, Pennsylvania VS Writ No. 2008-2781 Civil Term John G. Fetterhoff and Beth A. Fetterhoff Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 25, 2008 at 1821 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: John G. Fetterhoff and Beth A. Fetterhoff by making known unto John Fetterhoff, personally and husband of Beth A. Fetterhoff, at 56 Broad Street, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2008 at 1914 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John G. Fetterhoff and Beth A. Fetterhoff, located at 56 Broad Street, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: John G. Fetterhoff and Beth A. Fetterhoff, by regular mail to their last known address of 56 Broad Street, Newville, PA, 17241. These letters were mailed under the date of October 6, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Michael J. Clark. Sheriffs Costs: Docketing 30.00 Poundage 16.72 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 36.00 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 355.00 Patriot News 302.66 Share of Bills 14.92 $ 852.80 So Answers: R. Thomas Kline, Sheriff BY' .C&4 S C?... Real Estate Sergeant elc? G'yggS !`v) y j _ tiCJ" „? .. ` 's- ?Z T Li ?• ? . ? // W l 'I .... ll {? ? 1 '++ \ .. ? .. ? ?+M . SHAPIRO'& DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-032847 Washington Mutual Bank f/k/a Washington Mutual Bank, FA ; PLAINTIFF VS. ; John G. Fetterhoff and Beth A. Fetterhoff ; DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-2781 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank f/k/a Washington Mutual Bank, FA, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 56 Broad Street, Newville, PA 17241. 1. Name and address of Owner(s) or Reputed Owner(s) John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank f/k/a Washington Mutual Bank, FA 11200 West Parkland Drive Milwaukee, WI 53224 4. Name and address of the last recorded holder of every mortgage of record: Washington Mutual Bank f/k/a Washington Mutual Bank, FA, Plaintiff 11200 West Parkland Drive Milwaukee, WI 53224 Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 56 Broad Street Newville, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DENARDO, LLC BY: A ha- M A0, Michael J. Clark, uire 08-032847 SHAPIRO'& DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-032847 Washington Mutual Bank Fk/a Washington Mutual Bank, FA PLAINTIFF VS. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-2781 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Your house (real estate) at: 56 Broad Street, Newville, PA 17241 28-21-0361-040 is scheduled to be sold at Sheriffs Sale on December 10, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00a.m., to enforce the court judgment of $109,705.93 obtained by Washington Mutual Bank f/k/a Washington Mutual Bank, FA 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 sale will be cancelled if you pay back to Washington Mutual Bank f/k/a Washington Mutual Bank, FA the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may 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 on page two of how to obtain an attorney.) r YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. 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 (610) 278-6800. 5. 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. 6. 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 717-240-6390. 7. 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. 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 08-032847 i I 41* SHAPIRO. & DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 08-032847 Washington Mutual Bank fWa Washington Mutual Bank, FA PLAINTIFF vs. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-2781 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 Your house (real estate) at: 56 Broad Street, Newville, PA 17241 28-21-0361-040 is scheduled to be sold at Sheriffs Sale on December 10, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00a.m., to enforce the courtjudgment of $109,705.93 obtained by Washington Mutual Bank f/k/a Washington Mutual Bank, FA 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 sale will be cancelled if you pay back to Washington Mutual Bank f/k/a Washington Mutual Bank, FA the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may 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 on page two of 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. 4. 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 (610) 278-6800. 5. 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. 6. 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 717-240-6390. 7. 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. 8. 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. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 08-032847 r All that certain lot of land and the improvements situated and erected thereon, situate at 56 Broad Street, Borough of Newville, Cumberland County and Commonwealth of Pennsylvania, more particularly bounded and described as follows: On the South by said Broad Street; on the West by property now or formerly of Clair Sollenberger; on the North by an alley; and on the East by property now or formerly of Glenn Mohn. Having a frontage on said Broad Street of sixty (60) feet and extending in depth at an even width one hundred eighty (180) feet to said alley on the north. Being improved with a two and one- half story brick dwelling house and other improvements. Being the same premises which Harold D. Snyder and Tenna K. Snyder, husband and wife, by Deed dated October 12, 2001 and recorded in the Cumberland County Recorder of Deeds Office on October 16, 2001 in Deed Book 248, page 3920, granted and conveyed unto John G. Fetterhoff and Beth A. Fetterhoff, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N008-2781 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK Plaintiff (s) From JOHN G. FETTERHOFF AND BETH A. FETTERHOFF (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$109,705.93 L.L.$.50 Interest JUNE 14, 2008 TO DECEMBER 10, 2008 IS $3,177.00 Atty's Comm % Due Prothy $2.00 Atty Paid $196.00 Other Costs Plaintiff Paid Date: JUNE 13, 2008 C R. Long, Pro ry (Seal) By: Deputy REQUESTING PARTY: Name MICHAEL J. CLARK, ESQ. Address: 3600 HORIZON DRIVE, STE. 150, KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 202929 Real Estate Sale #02 On August 15, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, PA Known and numbered as 56 Broad Street, Newville more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. (RD VUD Date: August 15, 2008 By: ??zLU Real Es ate Sergeant 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: October 31, November 7 and November 14, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, SWORNZO AND SUBSCRIBED before me this 14 day of November, 2008 C 71? Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public [CARLISLE BORO, CUMBERLAND COUNTY y COmmla M Expires Apr 28, 2010 WAAL MAIN WO. Z Writ No. 2008-2781 Civil Washington Mutual Bank f/k/a Washington Mutual Bank, FA vs. John G. Fetterhoff and Beth A. Fetterhoff Atty.: Michael Clark All that certain lot of land and the improvements situated and erected thereon, situate at 56 Broad Street, Borough of Newville, Cumberland County and Commonwealth of Penn- sylvania, more particularly bounded and described as follows: On the South by said Broad Street; on the West by property now or formerly of Clair Sollenberg+er; on the North by an alley; and on the East by property now or formerly of Glenn Mohn. Having a frontage on said Broad Street of sixty (60) feet and extend- ing in depth at an even width one hundred eighty (180) feet to said alley on the north. Being improved with a two and one-half story brick dwelling house and other improvements. Being the same premises which Harold D. Snyder and Tenna K. Sny- der, husband and wife, by Deed dated October 12, 2001 and recorded in the Cumberland County Recorder of Deeds Office on October 16, 2001 in Deed Book 248, page 3920, granted and conveyed unto John G. Fetter- hoff and Beth A. Fetterhoff, husband and wife. 'The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the patriot-News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/29/08 11/05/08 11/12/08 4 Sworn to scribed before his d of November, 2008 A.D. (n ( Notary Pu lic COMMONWEALTH OF PENNSYLVANIA Notarw Seal Sherrie L. Kww, Notary Public City Of Harrisburg; Dm*ft County My Conxrrissiw F-)Ow Nov. 25, 2011 Member, Pennsylvania Association of Notariss Red 10000 low via. ,1 Do* VS jamG. yt cwk, u?c-moo s ow ambidad as COMMM WOW- aloud by ? ? SAY ? .'?: VOW la t'y oa >?,.by sag a tro?B ancveu on {6U).kd'?1 {18(1y ? t0 said VOW- ?DOM, OW half Sol, WA dve>?S ' WWD. lomses a sM'de"n . Sny? Od 12 W1 s@d fe'mded of Deeds 16 20016. off 3m Vow ad Wod ind A? wife. f Vt r? SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE ISO KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 08-032847 .f Washington Mutual Bank f/k/a Washington Mutual Bank, FA PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 08-2781 Civil Term VS. John G. Fetterhoff and Beth A. Fetterhoff DEFENDANTS PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly mark the Judgment entered on June 13, 2008 in the above entitled action vacated without prejudice to Plaintiff. SHAPIRO & DENARDO, LLC BY: Christopher A. DeNardo, Esquire CERTIFICATE OF SERVICE I, CHRISTOPHER A. DENARDO, ESQUIRE, hereby certify that on 6 I served a true and correct copy of the within Praecipe to Vacate Mortgag Foreclosure Judgment upon the following parties via first class mail, postage prepaid: John G. Fetterhoff 56 Broad Street Newville, PA 17241 Beth A. Fetterhoff 56 Broad Street Newville, PA 17241 SHAPIRO & DENARDO, LLC BY: 6r ~'~ CHRISTOPHER A. DENARDO, ESQUIRE Attorney for the Plaintiff 7 W .aa Gi 7 C?