Loading...
HomeMy WebLinkAbout08-3507PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 ? JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 179773 NORTHWEST SAVINGS BANK 108 LIBERTY STREET P.O. BOX 1793 WARREN, PA 16365 Plaintiff V. KELLY L. GARRETT 709 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - 3507 Civil (-errs CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 179773 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 179773 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 179773 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 179773 I. Plaintiff is NORTHWEST SAVINGS BANK 108 LIBERTY STREET P.O. BOX 1793 WARREN, PA 16365 2. The name(s) and last known address(es) of the Defendant(s) are: KELLY L. GARRETT 709 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/20/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1970, Page 682. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/0 1/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 179773 6 The following amounts are due on the mortgage: Principal Balance $112,916.35 Interest $5,454.68 10/01/2007 through 06/09/2008 (Per Diem $21.56) Attorney's Fees $1,325.00 Cumulative Late Charges $486.85 10/20/2006 to 06/09/2008 Cost of Suit and Title Search 750.00 Subtotal $120,932.88 Escrow Credit $0.00 Deficit $353.81 Subtotal $353.81 TOTAL $121,286.69 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 179773 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount: exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $121,286.69, together with interest from 06/09/2008 at the rate of $21.56 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By' WRENCE T.<PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 179773 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Final Subdivision Plan for Cedar Ridge Townhouses, prepared by John C. Brilhart, Surveying and Mapping Services, last revised on January 13, 1978, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 32, Page 73, as follows, to wit: BEGINNING at the intersection of the northerly right-of-way line of Cedar Ridge Lane, a private street (50 feet wide) and the westerly boundary line of lands, now or formerly of Florence and John Manning; thence North twenty-five degrees West, along said boundary line, a distance of 85.63 feet to a point at Common Open Space; thence South fifty-eight degrees four minutes West, along Common Open Space, a distance of 61.30 feet to a point on the dividing line between Lot Nos. A-4 and A-5; thence South thirty-one degrees fifty-six minutes East, along said dividing line, a distance of 85 feet to a point on the northerly right-of-way line of Cedar Ridge Lane; thence along said northerly right-of-way line, North fifty-eight degrees four minutes East, a distance of 50.96 feet to the point and place of BEGINNING. CONTAINING four thousand seven hundred seventy-one square feet (4,771 square feet). BEING Lot A-5 on the said Final Subdivision Plan. HAVING THEREON ERECTED a two story townhouse dwelling unit known and numbered as 709 Cedar Ridge Lane. File #: 179773 UNDER AND SUBJECT to a Declaration of Covenants and Easements dated April 4, 1974, recorded in Miscellaneous Book 234, Page 835, Cumberland County Recorder of Deeds Office. UNDER AND SUBJECT, also, to the easements, restrictions, reservations, and conditions shown on the aforesaid Final Subdivision Plan and otherwise of record. Being the same premises which Bruno M. Darion and Ann D. Walker, husband and wife, by deed dated October 20th, 2006 and which is intended to be recorded herewith in the Cumberland County Office of the Recorder of Deeds, granted and conveyed unto Kelly L. Garrett, Mortgagor herein. PARCEL NO. 42-24-0792-001 E PROPERTY BEING: 709 CEDAR RIDGE LANE File #: 179773 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Attorney for Plaintiff foi3 y DATE:?-US - o0 rl , .c T g Ar _ CP "r v ? czs --c SHERIFF'S RETURN - REGULAR CASE NO: 2008-03507 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTHWEST SAVINGS BANK VS GARRETT KELLY L SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GARRETT KELLY L the DEFENDANT , at 1138:00 HOURS, on the 14th day of June at 709 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 KELLY GARRETT 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: So Answers: Docketing 18.00 _ Service 11.00 Affidavit .00 T Surcharge 10.00 R. Thomas Kline .00 39.00 06/16/2008 PHELAN HALLI SCH G r- Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. 2008 NORWEST SAVINGS BANK, COURT OF COMMON PLEAS Plaintiff, VS. KELLY L. GARRETT, CIVIL DIVISION No. 08-3507 CIVIL TERM CUMBERLAND COUNTY Defendant. ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE Filed on Behalf of Defendant Counsel of Record for this Party: Brian J. Bleasdale, Esquire PA I.D. Pa. I.D. #90576 BLEASDALE LAW OFFICE 931 Chislett Street Pittsburgh, PA 15206 (412) 726-7713 NORWEST SAVINGS BANK, COURT OF COMMON PLEAS Plaintiff, VS. KELLY L. GARRETT, Defendant. CIVIL DIVISION No. 08-3507 CIVIL TERM CUMBERLAND COUNTY ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes Defendant(s), by and through her attorney, Brian J. Bleasdale, Esquire, and the Bleasdale Law Office, and files the following Answer To Complaint in Mortgage Foreclosure wherein the following is averred: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the mortgage is in default and that all payments have not been submitted, and that all sums secured by the mortgage shall be immediately due, and therefore this allegation is denied and strict proof is demanded at the time of trial. 6. Denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the stated amounts in Plaintif?s Complaint are accurate, and therefore this allegation is denied and strict proof is demanded at the time of trial. 7. Plaintiffs corresponding paragraph is a conclusion of law to which no response is required. 8. Plaintiffs corresponding paragraph is a conclusion of law to which no response is required. Denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the cited Notice(s) were forwarded properly to Defendant, and therefore this allegation is denied and strict proof is demanded at the time of trial. 10. Plaintiffs corresponding paragraph is a conclusion of law to which no response is required. WHEREFORE, the Defendant, requests that this Honorable Court dismiss the Plaintiff s Complaint. Respectfully submitted, BLEASDALE LAW OFFICE By: Brian J. Bleasdale, Es(gt Counsel for Defendant VERIFICATION I, Brian J. Bleasdale, Esq., verify that the statements made in this Answer to Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. July 15, 2008 d_ f Date (Signature of Defendant or Authorized person) ? C 0 ?? Ir . rn i:_ cn 7') -fir Lam. ? r-?rTl r ? PHELAN HALLINAN & SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 Phone (215) 563-7000 x 7365 Fax (717) 234-1549 Northwest Savings Bank 108 Liberty Street P.O. Box 1793 Warren, PA 16365 Plaintiff VS. Kelly L. Garrett 709 Cedar Ridge Lane Mechanicsburg, PA 17055 Defendant Attorney for Plaintiff : Court of Common Pleas : Civil Division : No. 08-3507 Civil Term : Cumberland County Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: 1. There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Defendant, Kelly L. Garrett, has filed an Answer to the Complaint in which she has effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 4. In her Answer, Defendant generally denies paragraphs five (5) and six (6) of the Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint and Defendant's Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D. Defendant has failed to sustain her burden of presenting facts, which contradict the averments of Plaintiffs Complaint. 6. Defendant admitted in paragraph three of her Answer that she executed the Mortgage. True and correct copies of the Mortgage and Note are attached hereto, made part hereof, and marked Exhibits A and Al, respectively. 7. The Mortgage is due for the November 1, 2007 payment, a period in excess of ten (10) months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 8. Defendant's default is also evidenced by Plaintiff s loan history, a true and correct copy of which is attached hereto, made part hereof, and marked Exhibit F. 9. The last payment applied to the Defendant's mortgage was on or around November 16, 2007. Plaintiff applied this payment to Defendant's account for the delinquent October 1, 2007 payment, as is evidenced by the attached loan history on Defendant's account (see Exhibit F). Defendant did not tender another payment and the account remains due and owing for the November 1, 2007 payment. Plaintiff has not received any payments after that date, Furthermore, Defendant has not provided proof of any payments she might have made. 10. The notice provisions of Act 6 of 1974 do not apply to this action because the original Mortgage amount exceeds $50,000.00, as is further addressed in Plaintiffs attached Brief. Nevertheless, Plaintiff sent Defendant a letter notifying her of her default and of Plaintiffs intent to foreclose. A true and correct copy of the letter and proof of mailing is attached hereto, made part hereof, and marked Exhibit E. 11. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendant has failed to meet with an authorized credit-counseling agency in accordance with Plaintiffs written notice to Defendant. A true and correct copy of the Notice of Homeowner's Emergency Mortgage Assistance Program and proof of mailing is attached hereto, made part hereof, and marked Exhibit E. 12. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for sheriffs sale, and ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief. 13. Defendant has the right to reinstate and/or payoff the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By s h P. chalk, Esquire Attorney for Plaintiff EXHIBIT A leg=s .3?-151 cc,?nr:-, Prepared By: Northwest Savings Bank 100 Liberty Street Warren, PA 16365 Return To: Northwest Savings Bank Attn: Retail Svc Dept 100 Liberty St, PO Box 1793 Warren PA 16365 Parcel Number: 42-24-0792-001E PROPERTY ADDRESS 709 Cedar Ridge Lane Mechanicsburg, PA 17055 t r ? I P. i1BU:R :7 r' CF DEE" C5 u +ijG 123 RM 8 47 [Space Above This Line For Recording Data] MORTGAGE DEFINITIONS FHA Case# Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated October 20, 2006 together with all Riders to this document. (B) "Borrower" is Kelly L Garrett Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Northwest Savings Bank Lender is a Savings Bank organized and existing under the laws of the Commonwealth of Pennsylvania . Lender's address is 100 Liberty Street, Warren, PA 16365 . Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated October 20, 2006 The Note states that Borrower owes Lender One Hundred Fourteen Thousand and no/100 Dollars (U.S. $114,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than November 01, 2036 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (l) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ? Adjustable Rate Rider ? Condominium Rider ? Second Home Rider ? Balloon Rider 7X Planned Unit Development Rider ? Other(s) [specify] ? 1-4 Family Rider ? Biweekly Payment Rider PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 GreatDccs" ITEM 195OLl (0405) (Page I of 16 pages) To Order Cale 1.800.685775 2715006686 BK1970PGO682 (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (,n "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such tern includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (I) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Farm 3039 1/01 GreatDocs' ITEM 1950L2 (0405) (Page 2 of 16 pages) To Order Calk 1-800.968.6775 2715006686 BK 1970PG0883 TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County [Type of Recording Jurisdiction] of Cumberland [Name of Recording Jurisdiction] which currently has the address of 709 Cedar Ridge Lane [Street] Mechanicsburg , Pennsylvania 17055 ("Property Address"): [City] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ITEM 19501.3 (0405) (Page 3 of ! 6 pages) Form 3039 1/01 Greatl)ws- To Order Calt 1.800-9885775 2715006686 BK 1970PGO684 tr.. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property, (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 GreatDocs- ITEM 1950L4 (0405) (Page 4 of] 6 pages) To Order Calk 1 800.9885775 2715006686 8K 1970PG0885 time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or eamings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3039 1/01 GreatDocs- ITEM 19501-5 (0405) (Page S of 16 pages) To OrderCalc I-800-9W-5776 2715006686 BK f 970PG000U f,. Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 GreatDocs- ITEM 19501-6 (0405) (Page 6 of 16 pages) To Order Calt 1.800.9665775 2715006686 6K 1970PGO687 has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 GreatDocs- ITEM 19501_7 (0405) (Page 7 of16 pages) To Order Calt 1-800-9W-6775 2715006686 BK1970PGO688 is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non- refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. PENNSYLVANIA--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 GreatDocs- ITEM 19501-8 (0405) (Page 8 of 16 pages) To Order Calk 1-800.988-5775 2715006686 BK1970PGO689 Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has-if any-with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 GreatDocs- ITEM 195OL9 (0405) (Page 9 of 16 pages) To Order Calt 1-800-988-5775 2715006686 BDK1970PGO690 In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 GreatDocs- ITEM 195OL10 (0405) (Page 10 of 16 pages) To Order Calt 1800.968-5775 2715006686 D.K. 1970PGO69 [ 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class main to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 GreatDocs- ITEM 195OL11 (0405) (Page 11 of 16 pages) To Order Calt 1800.M-M5 2715006686 9K 1970PGO692 If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without filrther notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 GreatDocs- ITEM 195OL12 (0405) (Page 12 of 16 pages) To Order Calk 1-000.9685775 2715006686 BK 1970PGO693 time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 GreatDocs- ITEM 195003 (0405) (Page 13 of 16 pages) To Order Calt 1-000.968-6775 2715006686 S1{1970PG0694. ?l t 23. Release. Upon payment of all sums secured by this Security InstrumeK this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 GreatOocs- ITEM 195OL14 (0405) (Page 14 of 16 pages) To Order Calk 1800.9se.8775 2715006686 OK 1970PGO695 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 )7, ugh 16 of this Security Instrument and in any Rider executed by Borrower and recorded with it. ? .?) - ? - (Seal) (Seal) L r rt -Borrower -Borrower -(Seal) -Borrower -(Seal) -Borrower Witness: i ess??/ 1w tUATU-A -(Seal) -Borrower -(Seal) -Borrower PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 GreatDocs' ITEM 195OL15 (0405) (Page 15 of 16 pages) To Order Calt 1$00.968-5775 2715006686 BK1970PGO696'? State of Pennsylvania Countyof Cumberland On this the 20th day of October, 2006 , before me, a Notary Public the undersigned officer, personally appeared Kelly L. Garrett known to me (or satisfactorily proved) to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. WHEREOF, I hereunto set my hand and official seal. Notary Public After Recording Return To: Northwest Savings Bank 100 Liberty Street Warren, PA 16365 Title of Officer My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Valerie S. Star qkk. Notary Public Hampden Twp., Cumberland County My Commission E)ires Nov. 30,20o8 Member, Pennsylvania Association Of Notaries CERTIFICATE OF RESIDENCE I, the undersigned do hereby certify that the correct address of the within named lender is 100 Liberty Street, Warren, PA 16365 Witness my hand this 20th day of October, 2006 ")Uuff Agent of Lender PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ITEM 195ou8 (0405) (Page 16 of 16 pages) Form 3039 1/01 Greatoocs° To Order Calk 1-800-9W-6T75 2715006686 SK1970PG0097 EXHIBIT Al r CERTIFIED TRUE COPY F N e? 3 B7 y s?'1 NOTE d 7150&4 26 October 20, 2006 [Date] Mechanicsburg (City] Pennsylvania [State] 709 Cedar Ridge Lane, Mechanicsburg, PA 17055 Cumberland [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $114,000.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Northwest Savings Bank, Savings Bank I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.8750%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(13) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on December 01, 2006 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on November 01, 2036 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at Northwest Savings Bank, 100 Liberty Street, Warren, PA 16365 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $748.90 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ITEM 1646L1 (0312) (Page 1 of 3 pages) Form 32001/01 GreatDocs' To Order Call: 1-800-968-5775 2715006686 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepaymcnt. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 32001/01 ITEM 16461_2 (0312) (Page 2 of 3 pages) GreatDocs- To Order Call: 1-800-968.5775 2715006686 this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without fiuther notice or demand on Borrower. Borrower has executed and acknowledges receipt of pages 1 through 3 of this Note. WI S THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. '' ,, 11 ,, . (Seal) Ke L rrett -Borrower -(Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only] POX ID THE OFAIEROF WHOUTTAWOUFNE THIS 01i1 OF !DO M WANT W NOB t11rN mcwEI.A. .11 aA MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 GreatDocs TM ITEM 1646L3 (0312) (Page 3 of 3 pages) To Order Call: 1-800-968-5775 2715006686 A?? EXHIBIT B PLAINTIFF'S AFFIDAVIT IN STIPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF PENNSYLVANIA ) ss. COUNTY OF WARREN ) Deborah A. Vecellio , being duly sworn according to law, deposes and says: 1. I am employed in the capacity of vi c- prP g; tin at Northwest Savings Bank, mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendant have been credited to Defendant accounts. 5. Defendant's mortgage payments due November 1, 2007 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance $112,916.35 Interest $5,454.68 October 1, 2007 through June 9, 2008 (Per Diem $21.56) Attorney's Fees $1,325.00 Cumulative Late Charges $486.85 October 20, 2006 to June 9, 2008 Cost of Suit and Title Search $750-00 Subtotal $120,932.88 Escrow Credit $0.00 Escrow Deficit $3-51-81 TOTAL $121,286.69 7. Mortgagor has failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided mortgagor with a Notice of Intention to Foreclose Mortgage, but Defendant did not take the necessary affirmative steps to avoid foreclosure. 9. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendant and to the severe detriment of Plaintiff. 10. Plaintiff properly accelerated its mortgage to protect its interests. SWORN TO AND SUBSCRIBED BEFORE ME THIS 1.-* DAY OF ?giist 2008. NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Card A. Danielson, Notary Public City Of Warren, Warren County My Commission Expires Aug. 15, 2008 Member, Pennsylvania Association Of Notaries EXHIBIT C PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 179773 NORTHWEST SAVINGS BANK 108 LIBERTY STREET P.O. BOX 1793 WARREN, PA 16365 V. Plaintiff KELLY L. GARRETT 709 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 t l p? coN C o c° ?r w co ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08-3W'7 Civi l Terh, CUMBERLAND COUNTY CIVIL ACTION - LAW Vve hereby 09MY Ow b? o? a?txi • into ct copy of he File #: 179773 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 179773 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977)9 DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 179773 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 179773 1. Plaintiff is NORTHWEST SAVINGS BANK 108 LIBERTY STREET P.O. BOX 1793 WARREN, PA 16365 2. The name(s) and last known address(es) of the Defendant(s) are: KELLY L. GARRETT 709 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/20/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1970, Page 682. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 179773 6. The following amounts are due on the mortgage: Principal Balance $112,916.35 Interest $5,454.68 10/01/2007 through 06/09/2008 (Per Diem $21.56) Attorney's Fees $1,325.00 Cumulative Late Charges $486.85 10/20/2006 to 06/09/2008 Cost of Suit and Title Search 750.00 Subtotal $120,932.88 Escrow Credit $0.00 Deficit $353.81 Subtotal 353.81 TOTAL $121,286.69 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 179773 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $121,286.69, together with interest from 06/09/2008 at the rate of $21.56 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: LI(WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 179773 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Final Subdivision Plan for Cedar Ridge Townhouses, prepared by John C. Brilhart, Surveying and Mapping Services, last revised on January 13, 1978, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 32, Page 73, as follows, to wit: BEGINNING at the intersection of the northerly right-of-way line of Cedar Ridge Lane, a private street (50 feet wide) and the westerly boundary line of lands, now or formerly of Florence and John Manning; thence North twenty-five degrees West, along said boundary line, a distance of 85.63 feet to a point at Common Open Space; thence South fifty-eight degrees four minutes West, along Common Open Space, a distance of 61.30 feet to a point on the dividing line between Lot Nos. A-4 and A-5; thence South thirty-one degrees fifty-six minutes East, along said dividing line, a distance of 85 feet to a point on the northerly right-of-way line of Cedar Ridge Lane; thence along said northerly right-of-way line, North fifty-eight degrees four minutes East, a distance of 50.96 feet to the point and place of BEGINNING. CONTAINING four thousand seven hundred seventy-one square feet (4,771 square feet). BEING Lot A-5 on the said Final Subdivision Plan. HAVING THEREON ERECTED a two story townhouse dwelling unit known and numbered as 709 Cedar Ridge Lane. File #: 179773 UNDER AND SUBJECT to a Declaration of Covenants and Easements dated April 4, 1974, recorded in Miscellaneous Book 234, Page 835, Cumberland County Recorder of Deeds Office. UNDER AND SUBJECT, also, to the easements, restrictions, reservations, and conditions shown on the aforesaid Final Subdivision Plan and otherwise of record. Being the same premises which Bruno M. Darion and Ann D. Walker, husband and wife, by deed dated October 20th, 2006 and which is intended to be recorded herewith in the Cumberland County Office of the Recorder of Deeds, granted and conveyed unto Kelly L. Garrett, Mortgagor herein. PARCEL NO. 42-24-0792-00 1 E PROPERTY BEING: 709 CEDAR RIDGE LANE File #: 179773 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. ' ?c Attorney for Plaintiff ¢013 y DATE: 6 -08 EXHIBIT D r NORWEST SAVINGS BANK, COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, Vs. No. 08-3507 CIVIL TERM CUMBERLAND COUNTY KELLY L. GARRETT, Defendant. ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes Defendant(s), by and through her attorney, Brian J. Bleasdale, Esquire, and the Bleasdale Law Office, and files the following Answer To Complaint in Mortgage Foreclosure wherein the following is averred: 1. Admitted. 2• Admitted. 3. Admitted. 4• Admitted. 5. Denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the mortgage is in default and that all payments have not been submitted, and that all sums secured by the mortgage shall be immediately due, and therefore this allegation is denied and strict proof is demanded at the time of trial. 6. Denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the stated amounts in Plaintiffs Complaint are accurate, and therefore this allegation is denied and strict proof is demanded at the time of trial. 7. Plaintiffs corresponding paragraph is a conclusion of law to which no response is required. 8. Plaintiff's corresponding paragraph is a conclusion of law to which no response is required. 9. Denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the cited Notice(s) were forwarded properly to Defendant, and therefore this allegation is denied and strict proof is demanded at the time of trial. 10. Plaintiff's corresponding paragraph is a conclusion of law to which no response is required. WHEREFORE, the Defendant, requests that this Honorable Court dismiss the Plaintiff's Complaint. Respectfully submitted, BLEASDALE LAW OFFICE By: Brian J. Bleasdale, Enquire Counsel for Defendant VERIFICATION I, Brian J. Bleasdale, Esq., verify that the statements made in this Answer to Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. July 15, 2008 Date (Signature of Defendant or Authorized person) EXHIBIT E ACT 91 NOTICE D&* January 8, 2008 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort a e on our home is in default and the lender intends to foreclose. S ecific gov_ information about the na ure O e eau is L3 i a In e attached pages. k The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. iTF exolains ow the program wor s. To see if HEMAP can hel ou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS UF I HE D= E. I a e is no ice wi you w en you meet wan a Counseling Agencv. The name. address and Phone number of Consumer Credit Coun' elin A encies servin our Count are listed at the end of is Notice. ou have an questions. ou ma ca a enns vbnia ousin finance enc o ree a ersons with impaired nearing can call (717) M-1MU). dr This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Aggency may be able to help explain it. You may also want to contact an attorney in your area. TC local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNATRADUCCION 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 HI POT ECA. HOMEOWNER'S NAME(S): Kelly Garrett PROPERTY ADDRESS: 709 Cedar Ridge Lane Mechanicsburg, PA 17055 LOAN ACCT. NO.: 2715006686 ORIGINAL LENDER: Northwest Savings Bank CURRENT LENDER/SERVICER: Northwest Savings Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM 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. the Act, you are entitled to a tem t. During that time you must art ncies listed at the end of this N meet with one i in against you for stay of foreclosure it credit counseling after the date of this ncies for the count le one acme o-face APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this No ice see following pages or specs is 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-TFFE OTHER TIME PERIODS SET FORTH IN THIS LETTER FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOA MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency un er e e igi i i y cri eria 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 CONSIDEREDI"AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date.) NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 709 Cedar Ridge Lane Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 11/01/07 - $974.73, 12/01/07 - $974.73, 1/01/08 - $974.73 Other charges (explain/itemize): Late Fees - $299.60 TOTAL AMOUNT PAST DUE $3.223.79 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HEMA Rev. 5, page 1 71x9 o ur me date of this notice vin TO THE LENDER, WHICH IS $ 3,223.79 PLUS ANY MORTGi r r? r mtN I S AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier check. certified check or money order made payable and sent to: Northwest Savings Bank P.O. Box 337, 100 Liberty St. Warren, Pa. 16365 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not us not applicable.) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of tl Notice, the lender intends to exercise its rights to accelerat the mort a e debt. This means that the entire outstandii balance of this debt will be considered due immediately you may lose the chance to pay the mortgage in montt installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off th mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins leg; proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up t $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actuall incurred by the lender even if they exceed $50.00. Any attorneys fees will be added to the amount you owe the lender, whicl may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not N required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-if you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time uo -to one hour before the Sheriff's Sale. You may do so by paving the total amount then past due. plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately _A _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. HOW TO CONTACT THE LENDER: Name of Lender: Northwest Savings Bank Address: P.O. Box 337, 100 Liberty St. Warren, Pa. 16365 Phone Number: 1-877-300-5773 Fax Number: 1-814-728-7740 Contact Person: Craig Harger EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You ? may or ® may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXIRTGnirc --- l A, -,-...-- PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717)334-1518 FAX (717) 334-8326 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 f r r- 0 W ©? cz) 0 (? Q G) O E ,, ? L6 0 LL O r- 9 it 4sodoau U f 10 tll - § IN _ (V i o o Q! Q N 0 - IX 11 - m A 0 ' N a :3 ?t? WOO r! ? NWIL -x ' s: , rt E omo - :y 47? w d f-(Ei- -j ? fx a o 40 Lo LD to w is _ RJ C r x CU _ ?.• ,? J Oa. z m i .?..- C o C3 _0 =3 .?.?? cc N L U) L (Lf U_ ru Co SCI a U a) p N \ Y ti N C Lo m W?` m m Z W 3a° Q =0)(cQ EP Z (o D o a ?Zw Nrz E ?0QXa w C)>mmmm ZW3°a3 z w Q d w Ott ID fit I." f,t ID }r U'l F? ?t l / W v^ { L U. e mac; -S LL LL ig 8Q Acc m cd o? EE $E ?E zE o 0 ?r 10 QW 92Tfi THT 2000 O992 Z.OGL t Y S' C ti N i 1 41 EXHIBIT F A ? ? ? NORTHWEST ` SAVINGS BANK MORTGAGE LOAN PAGE 2 KELLY 'L GARRETT 709 CEDAR RIDGE LN MECHANICSBURG PA 17055 NOTE NUMBER 2715006686 ?_?_??------ ----- --------------HISTORY ---------------- POST DTE TC1 TRANS DESCRIPTION AMOUNT TYPE NEW BALANC DUE DATE TC2 I-RATE 11-13-06 099 XFER REBVESC TO 1852.50 REBATE 114000.0 00-00-00 6 6,8750 12-06-06 060 REG PMT-DUE DTE 95.78 PRINCIPAL 113904.2 12-01-06 22 6,8750 653.12 INTEREST 225, 83 ESCROW-2 01-04-07 030 ESCROW DISBURSE 56.05 ESCROW DISB 113904.2 00-00-00 2 6.8750 1.039 ESCROW NBR 24 CHECK NUMBER 0` CK GEN INDICATOR 01-05-07 030 ESCROW DISBURSE 56.05 ESCROW DISB 113904.2 00-00-00 2 6.8750 19039 ESCROW NOR 01-08-07 080 REG PMT-DUE DTE 96,32 PRINCIPAL 113807.9 01-03-07 22 6,8750 652.58 INTEREST 225.83 ESCROW-2' 02-05-07 030 ESCROW DISBURSE 56.05 ESCROW DISB 113807,9 00-00-00 2 6,8750 1*039 ESCROW NOR 23 CHECK NUMBER 0 CK GEN INDICATOR 02-09-07 080 REG PMT-DUE DTE 96.88 PRINCIPAL 113711.0 02-01-07 22 6.8750 652.02 INTEREST 225.83 ESCROW-2 03-07-07 030 ESCROW DISBURSE 56,05 ESCROW DISB 113711,0 00-00-00 2 6,8750 1,0039 ESCROW NBR 23 CHECK NUMBER 0 CK GEN INDICATOR 03-12-07 080 REG PMT-DUE DTE 97.43 PRINCIPAL 113613.5 03-01-07 22 6.8750 651,47 INTEREST 225.83 ESCROW-2' 04-02-07 030 ESCROW DISBURSE 56.05 ESCROW DISB 113613.5 00-00-00 2 6.8750 19039 ESCROW NOR 0 CK GEN INDICATOR 04-16-07 080 REG PMT-DUE DTE 97.98 PRINCIPAL 313515.6 04-01-07 22 6.8750 650o92 INTEREST 225.83 ESCROW-2 04-17-07 030 ESCROW DISBURSE 367.90 ESCROW DISB 113515.6 00-00-00 2 6.8750 19912 ESCROW NBR 6 CHECK NUMBER 0 CK GEN INDICATOR 05-02-07 030 ESCROW DISBURSE 56.05 ESCROW DISS 113515.6 00-00-00 2 6.8750 lr039 ESCROW NBR 0 CK GEN INDICATOR 05-17-07 080 REG PMT-DUE DTE 98055 PRINCIPAL 113417.0 05-01-07 22 6.8750 650,35 INTEREST 225,83 ESCROW-2 NORTHWEST SAVINGS BANK MORTGAGE LOAN KELLY L. GARRETT 709 CEDAR RIDGE LN MECHANICSBURG PA 17055 NOTE NUMBER 2715006686 r PAGE 3 --------------------------------HISTORY----------------------------------------- POST DTE TC1 TRANS DESCRIPTION AMOUNT TYPE NEW BALANC )UE DATE TC2 I-RATE )6-13-07 030 ESCROW DISBURSE 56.05 ESCROW DISS 113417.0 )0-00-00 2 6.8750 1f039 ESCROW NBR 0 CK GEN INDICATOR )6-20-07 080 REG PMT-DUE OTE 99012 PRINCIPAL 113317.9 )6-01-07 22 6.8750 649.78 INTEREST' 225.83 ESCROW-2 )7-17-07 030 ESCROW DISBURSE 56,05 ESCROW DISS 113317.9 )0-00-00 2 6.8750 1x039 ESCROW NBR 0 CK GEN INDICATOR )7-23-07 060 REG PMT- DUE DTE 99.68 PRINCIPAL 113218.2 )7-01-07 22 6.8750 649.22 INTEREST 225.83 -ESCROW-2 )8-16-07 030 ESCROW DISBURSE 56.05 ESCROW DISB 113218.2 )0-00-00 2 6.8750 11039 ESCROW NBR 0 CK GEN INDICATOR )8-22-07 030 ESCROW DISBURSE 1283010 ESCROW DISK 113218.2 )0-00-00 2 6.8750 19911 ESCROW{ NBR 5 CHECK NUMBER 0 CK GEN INDICATOR 18-24-07 080 REG PMT-DUE DTE 99*68 PRINCIPAL 113118.5 )8-01-07 22 6,8750 649.22 INTEREST 225.83 ESCROW-2 19-17-07 030 ESCROW DISBURSE 56.05 ESCROW DISK 113118.5 10-00-00 2 6.8750 11039 ESCROW NBR 0 CK GEN INDICATOR 19-25-07 030 ESCROW DISBURSE 375,55 ESCROW DISK 113118,5 ?0-00-00 2 6.8750 1x002 ESCROW NBR 0-01-07 080 REG PMT-DUE OTE 100.83 PRINCIPAL 1130i7,7 19-01-07 22 6.8750 648.07 INTEREST 225.83 ESCROW-2 0-03-07 030 ESCROW DISBURSE 56.05 ESCROW DISK 113017.7 0-00-00 2 6.8750 19039 ESCROW NBR 0 CK GEN INDICATOR 1-06-07 030 ESCROW DISBURSE 56.05 ESCROW DISS 113017.7 0-00-00 2 6.8750 19039 ESCROW NBR 0 GK GEN INDICATOR 1-16-07 080 REG PMT-DUE DTE 101.40 PRINCIPAL 112916.3 0-02-07 22 6.8750 647.50 INTEREST 225,83 ESCROW-2 2-18-07 030 ESCROW DISBURSE 56,05 ESCROW DISS 112916.3 D-00-00 2 6.8750 1x039 ESCROW NBR 0 CK GEN INDICATOR 1-14-08 030 ESCROW DISBURSE 56.05 ESCROW DISB 112916.3 D-00-00 2 6.8750 1x039 ESCROW NBR 0 CK GEN INDICATOR NORTHWEST • SAVINGS BANK MORTGAGE LOAN PAGE 4 KELLY L GARRETT 709 CEDAR RIDGE LN MECHANICSBURG PA 17055 NOTE NUMBER 2715006686 --------------- POST OT€ --------------------HISTORY- TC1 ------------------- --------- - DUE DATE TC2 TRANS DESCRIPTION I-RATE AMOUNT TYPE NEW BALANC 02-14-08 00-00-00 030 2 ESCROW DISBURSE 6.8750 56.05 ESCROW DISB 112916.3 1=039 ESCROW NBR 1 CHECK NUMBER 0 CK GEN INDICATOR 03-10-08 00-00-00 030 2 ESCROW DISBURSE 6 8750 56.05 ESCROW DISK 112916.3 , 1v039 ESCROW NBR 1 CHECK NUMBER 0 CK'GEN INDICATOR 04-11-08 00-00-00 030 2 ESCROW DISBURSE 6.8750 56.05 ESCROW DISK 112916.3 1?039 ESCROW NBR 1 CHECK NUMBER. 0 CK GEN INDICATOR D4-18-08 DO-00-00 030 2 ESCROW DISBURSE 6 8750 367.90 ESCROW OISB 1129:16,3 . 19912 ESCROW NBR 0 CK GEN INDICATOR 35-19-08 )0-00-00 030 2 ESCROW DISBURSE 6:8750 56.05 ESCROW DISB 112916.3 1;039 ESCROW NBR 1 CHECK NUMBER 0 CK GEN INDICATOR )6-09-08 )0-00-00 030 2 ESCROW DISBURSE 6.8750 56.05 ESCROW DISK 112916,3 19039 ESCROW NBR 1 CHECK NUMBER: 0 CK GEN INDICATOR )7-21-08 )0-00-00 030 2 ESCROW DISBURSE 6 8750 56.05 ESCROW OISS 112916.3 . 19039 ESCROW NBR 1 CHECK NUMBER 0 CK GEN INDICATOR 17-22-08 10-00-00 026 2 ESCROW DEBIT 6.8750 1188.50 ESCROW ART 112916.3 11002 ESCROW NBR 7-22-08 PHELAN HALLINAN C SCHMIEG / LEGAL FEES Joseph P. Schalk, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are true and correct to the best of his knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. EA?A,?? By: . Date J P. chalk, Esquire Attorney for Plaintiff r ' DATE: August 13, 2008 TO: Billing Department MOCK INVOICE FHLMC FROM: Joseph P. Schalk RE: Kelly L. Garrett Acct. No: 271-5006686 Please bill the above captioned file for the following: Foreclosure Complaint Filed Writ entered - Property listed for sale After Sale - Sold Attorney on the Writ Sheriffs Sale Stayed Reinstatement/Payoff/Short Payoff (send file) Close and Bill (send file) Reason: Bankruptcy filed (send file) Other: Fee: RankrLntce Proof of Claim Objection to Plan Motion for Relief Fee: Litigation Reply to New Matter X_ Motion for Summary Judgment Fee: 575 00 X_ MPF Fee:$ 60-00 Mandatory Court Appearance Consent Judgment Trial Praecipe FDCPA LTR Motion Filing Fee Other: Fee: After Sale Transfer Tax Recording of Deed Water/Sewer Taxes Preparation of Deed Other: Fee: N c n i ,n- z;_ - r7 F -? CIO 1 P AFCIPF FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. Northwest Saving Bank (Plaintiff) VS. Kelly L. Garrett (Defendant) No 900R-3507- Civil Term 1. State matter to be argued Plaintiff s Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Joseph P. Schalk, Esquire Address: Phelan Hallinan & Schmieg, LLP 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (b) for defendant: Brian J. Bleasdale, Esquire Address: 931 Chislett Street Pittsburgh, PA 17055 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 22, 2008 Date: R L? u? 'ah P. Schalk, Esquire Attorney for Plaintiff na r 4 ? " t 9 fr; ` E . -. m co =X7 C rrl PHELAN HALLINAN & SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 Phone (215) 563-7000 x 7365 Fax (717) 234-1549 Northwest Savings Bank 108 Liberty Street P.O. Box 1793 Warren, PA 16365 Plaintiff VS. Kelly L. Garrett 709 Cedar Ridge Lane Mechanicsburg, PA 17055 Defendant Attorney for Plaintiff : Court of Common Pleas : Civil Division : No. 08-3507 Civil Term : Cumberland County I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, Brief in Support thereof, Praecipe for Argument attached Exhibits and Order were sent via first class mail to the persons on the date listed below: Brian J. Bleasdale, Esquire 931 Chislett Street Pittsburgh, PA 15206 Date: - . \y' Kelly L. Garrett 709 Cedar Ridge Lane Mechanicsburg, PA 17055 By: 17? :A- Joseph P. Schalk, Esquire Attorney for Plaintiff 00 ?... ' 3 a IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA Northwest Savings Bank 108 Liberty Street P.O. Box 1793 Warren, PA 16365 Plaintiff VS. : Court of Common Pleas : Civil Division : No. 08-3507 Civil Term : Cumberland County Kelly L. Garrett 709 Cedar Ridge Lane Mechanicsburg, PA 17055 Defendant AND NOW, this 22Md dayof de-t-(OCS , 2008 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendant, the Court determines that Plaintiff is entitled to Summary Judgment as a matter of law, and it is hereby: ORDERED and DECREED that an in reran judgment is entered in favor of Plaintiff and against Defendant, Kelly L. Garrett, for $121,286.69'! plus interest from June 9, 2008 at the rate of $21.56 per diem and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. BY THE COURT: J. VINVAING,Wd ,kLNnri t i? tsr"F o 11 =6 NV £Z 130 B011Z AiUINO„?c;dd 3HI JO /Joseph P. Schalk, Esq. PHELAN, HALLINAN & SCHMIEG, LLP 107 N. Front Street Suite 115 Harrisburg, PA 17101 Attorney for Plaintiff ,/Brian J. Bleasdale, Esq. 931 Chislett Street Pittsburgh, PA 17055 Attorney for Defendant COF?es mb%l. 1,0123168 ?Xvn -! -. Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 NORTHWEST SAVINGS BANK VS. KELLY L. GARRETT 709 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3507 CIVIL TERM PRAECIPE TO REDUCE COURT ORDER TO JUDGMENT TO THE PROTHONOTARY: Kindly enter Summary Judgment in favor of the Plaintiff and against KELLY L. GARRETT, Defendant(s) in accordance with the Court's Order dated 10/22/08 -,and assess Plaintiffs damages as follows: As set forth in Complaint Interest - 06/09/2008 TO 10/22/2008 TOTAL $121,286.69 4cJ0t*t $2,932.16 $124,218.85 Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ?i??? PHS# 179773 PRO PROTHY .1? _w. Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 NORTHWEST SAVINGS BANK VS. KELLY L. GARRETT Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-3507 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant KELLY L. GARRETT is over 18 years of age and resides at 709 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Daniel G. Schmieg, Esquire Attorney for Plaintiff ?r cin ' .F- ? ao (Rule of Civil Procedure No. 236) - Revised Daniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 563-7000 NORTHWEST SAVINGS BANK : CUMBERLAND COUNTY "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINSTPROPERTY." : COURT OF COMMON PLEAS VS. KELLY L. GARRETT 709 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 : CIVIL DIVISION : NO. 08-3507 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on 11Du 25 , 2008. By: T4- If you have any questions concerning this matter please contact: kww1l" (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 NORTHWEST SAVINGS BANK Plaintiff, V. No. 08-3507 KELLY L. GARRETT Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10/23/08 TO 6/10/09 (per diem -$20.42) Add'l Costs TOTAL $121,286.69 $4,717.02 and Costs $1,551.50 $127,555.21 DANIEL G. S HMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the'dixection of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale.. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale'. 17977.3 0 z a U ? per,,, Z, Q o ? a 00 ? a o ° U W aA w? d O ? Z H Z' V > cr) r" t'- ? ? -r^ ??t t s ?z y ? y s in tin a r d W V d v a .? A M all o V PA I ri T A 4 ? 14-- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3507 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NORTHWEST SAVINGS BANK, Plaintiff (s) From KELLY L. GARRETT (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 $121,286.69 L.L. $.50 Interest FROM 10/23108 TO 6/10/09 (PER DIEM - $20.42) -- $4,717.02 AND COSTS Atty's Comm % Atty Paid $158.00 Plaintiff Paid Due Prothy $2.00 Other Costs ADD'L COSTS - $1,551.50 Date: JANUARY 26, 2009 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Opp onfa 049 C is R. Lon onot By: Deputy Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NORTHWEST SAVINGS BANK Plaintiff, V. . KELLY L. GARRETT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3507 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. v DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C'z c?a ? ---e CJI I. . -% NORTHWEST SAVINGS BANK Plaintiff, V. KELLY L. GARRETT Defendant(s). . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3507 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) NORTHWEST SAVINGS BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,709 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KELLY L. GARRETT 709 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4 _ _ti 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 709 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Cedar Ridge Townshouse Brian J. Bleasdale, Esquire 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 4950 Wilson Lane Mechanicsburg, PA 17055-4442 Bleasdale Law Office 931 Chislett Street Pittsburgh, PA 15206 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. Sec. 4904 relating to unsworn falsification to authoriti December 23, 2008 DATE ANIEL G. SC IEG, ESQUIRE Attorney for Plaintiff ? two ? - ? " c-N 70 .. C.. LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Final Subdivision Plan for Cedar Ridge Townhouses, prepared by John C. Brilhart, Surveying and Mapping Services, last revised on January 13, 1978, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 32, Page 73, as follows, to wit: BEGINNING at the intersection of the northerly right-of-way line of Cedar Ridge Lane, a private street (50 feet wide) and the westerly boundary line of lands, now or formerly of Florence and John Manning; thence North twenty-five degrees west, along said boundary line, a distance of 85.63 feet to a point at Common Open Space; thence South fifty-eight degrees four minutes West, along Common Open Space, a distance of 61.30 feet to a point on the dividing line between Lot Nos. A-4 and A-5; thence South thirty-one degrees fifty-six minutes East, along said dividing line, a distance of 85 feet to a point on the northerly right-of-way line of Cedar Ridge Lane; thence along said northerly right-of-way line, North fifty-eight degrees four minutes East, a distance of 50.96 feet to the point and place of BEGINNING. CONTAINING four thousand seven hundred seventy-one square feet (4,771 square feet). TITLE TO SAID PREMISES IS VESTED IN Kelly L. Garrett, by Deed from Bruno M. Dario and Ann D. Walker, h/w, dated 10/20/2006, recorded 10/23/2006 in Book 277, Page 1124. PREMISES BEING: 709 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055 PARCEL NO. 42-24-0792-001 E k NORTHWEST SAVINGS BANK CUMBERLAND COUNTY Plaintiff, V. No. 08-3507 KELLY L. GARRETT Defendant(s). January 23, 2009 TO: KELLY L. GARRETT 709 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA YTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 709 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff s Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $121,286.69obtained by NORTHWEST SAVINGS BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. 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 to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. V V 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 on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that 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 distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in Upper Allen Township, Cumberland county, pe?,syi??a, ,ded axid described in accordance with a Final Subdivision Plan for Cedar Ridge Townhouses, prepared by John C. Brilhart, Surveying and Mapping Services, last revised on January 13, 1978, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 32, Page 73, as follows, to wit: BEGINNING at the intersection of the northerly right-of-way line of Cedar Ridge Lane, a private street (50 feet wide) and the westerly boundary line of lands, now or formerly of Florence and John Manning; thence North twenty-five degrees west, along said boundary line, a distance of 85.63 feet to a point at Common Open Space; thence South fifty-eight degrees four minutes West, along Common Open Space, a distance of 61.30 feet to a point on the dividing line between Lot Nos. A-4 and A-5; thence South thirty-one degrees fifty-six minutes East, along said dividing line, a distance of 85 feet to a point on the northerly right-of-way line of Cedar Ridge Lane; thence along said northerly right-of-way line, North fifty-eight degrees four minutes East, a distance of 50.96 feet to the point and place of BEGINNING: CONTAINING four thousand seven hundred seventy-one square feet (4,771 square feet). TITLE TO SAID PREMISES IS VESTED IN Kelly L. Garrett, by Deed from Bruno M. Dario and Ann D. Walker, h/w, dated 10/20/2006, recorded 10/23/2006 in Book 277, Page 1124. PREMISES BEING: 709 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055 PARCEL NO. 42-24-0792-001E N Lf? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK Plaintiff, COURT OF COMMON PLEAS V. KELLY L. GARRETT Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) an or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached her hibit "A". CUMBERLAND COUNTY CIVIL DIVISION No. 08-3507 CIVIL TERM 2o-7- ? -? L( Lawrtfice T'Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenin Davey, Esq., Id. No. 87077 ? L ren R. Tabas, Esq., Id. No. 93337 ivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Date: 3 (2 PHS # 179773 0 Y % $u?i fl 4 ?po? d VA `p ?6 fl 4 'dY`i 8ooyzd.?p ?' , ¢ a Q ?,?•?'? ? _` yam, SO M w O ? r ?Uw z ?. o ? d <C o a n : a -' U a Q VA d L n I?fl a a ? ? d rn O d M 5 d M 54 w a fA r Ss7 ? ? ar to '> c ? '?" w 44 ;p 0% at A ? r cmn ?' A ?Nya A rz1 ? .. w ?. ? r C? oo 'e'er. W ?. A W d y d o N O O cJ C ti In p? r , p o p M d w w ai ,.+ p? .? a a? d '?,"0 o•O r A4 U A fn p 0 H U 7'? r L N Vl M1?r N g b ? $ 0 Nu N p 0 .p S .d V ? ? O N pppp Vp?. w M o w 00 ° t'yv AA M r ? V a ?W Ha i b ?q O ?a ?w C,F THF tI..f.y PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG ESQUIRE IDENTIFICATION NO. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NORTHWEST SAVINGS BANK CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS VS. CIVIL DIVISION KELLY L. GARRETT Defendant No.: 08-3507 EMERGENCY MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, PHELAN HALLINAN & SCHMIEG, LLP, petitions this Honorable Court for a postponement of its Sheriff s Sale scheduled in the above-captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for October 7, 2009. 2. Plaintiff wishes to postpone the Sheriff's Sale in accordance with a voluntary "moratorium" on foreclosures. The purpose of said moratorium is to hopefully avoid the necessity of the foreclosure and allow for a possible workout of the default. 3. Unless the court grants this Order to postpone the Sheriff's Sale, the Plaintiff will have to re-advertise the property in furtherance of Pa.R.C.P. 3129.2, which will result in additional costs to the parties. 4. A brief postponement of the Sheriff s Sale will not prejudice Defendant and will, in fact, inure to her benefit. WHEREFORE, Plaintiff respectfully requests that the Sheriffs Sale of the mortgaged premises be continued to January 6, 2010 Sale. & SCHMIEG, LLP Date: tr, -? - 0 4 Daniel. Schmieg, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NORTHWEST SAVINGS BANK Plaintiff vs. KELLY L. GARRETT Defendant ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 08-3507 PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriff s Sale of real property by special order of Court. In the case at bar, a Sheriffs Sale of the mortgaged premises has been scheduled for October 7, 2009; however, a three-month postponement is requested in observance of the general foreclosure moratorium. Inasmuch as the postponement will inure to the benefit of the Defendant, Defendant will not be injured by the granting of the relief requested. Accordingly, Plaintiff respectfully requests a three-month continuance of the Sheriff's Sale of the mortgaged premises to the January 6, 2010 Sheriff s sale. Respectfully submitted, PHELAN HALLIN Date: i a - ?-- d -7 By Daniel G. Schmieg, Esquire Attorney for Plaintiff LLP' VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this verification, and that the statements made in the foregoing Emergency Motion for Postponement of Sheriffs Sale are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unworn falsification to authorities. Respectfully submitted, PHELAN HALLIN & SCHMIEG, LLP Date: 1 09 By Daniel G. Schmieg, Esq Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NORTHWEST SAVINGS BANK Plaintiff ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. KELLY L. GARRETT Defendant CIVIL DIVISION No.: 08-3507 CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire hereby certify that a copy of the Emergency Motion for Postpone Sheriff s Sale, Memorandum of Law in Support thereof, and Certification of Service, has been sent to the individuals indicated below on the date indicated below: KELLY L. GARRETT BRIAN J. BLEASDALE, ESQUIRE 709 CEDAR RIDGE LANE 931 CHISLETT STREET MECHANICSBURG, PA 17055 PITTSBURGH, PA 15206 FAX) 412-404-8958 Respectfully submitted, Date: -0 - '-' e) PHELAN H I & SCHMIEG, LLP By Daniel G. Schmieg, Esquire Attorney for Plaintiff Op FILED-OFRCE 2x04OCT -6 AM 8: 38 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson L Sheriff 7L? r"?I Jody S Smith Chief Deputy Edward L Schorpp Solicitor Northwest Savings Bank vs. Kelly L Garrett SHERIFF'S RETURN OF SERVICE Case Number 2008-3507 11/10/2009 Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 414/09 at 1004 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 Kelly L. Garrett, located at, 709 Cedar Ridge Lane, Cumberland County, Pennsylvania according to law. 11/10/2009 Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 02/03/09 at 1936 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Kelly L. Garrett, by making known unto, Kelly L. Garrett, personally, at, 78 Cedar Ridge Lane, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 01/04/2010 Property sale cancelled on 1/4/2010 01/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, per letter of instruction from Attorney Schmieg. SHERIFF COST: $124.38 SO AN5WE "7- January 07, 2010 C/NNY R ANDERSON SHERIFF 2?1??;? 11 H."1 8:12 j'-' NORTHWEST' SAV6GS BANK Plaintiff, V. KELLY L. GARRETT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3507 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) NORTHWEST SAVINGS BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,709 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KELLY L. GARRETT 709 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address, of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 709 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Cedar Ridge Townshouse Brian J. Bleasdale, Esquire 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 4950 Wilson Lane Mechanicsburg, PA 17055-4442 Bleasdale Law Office 931 Chislett Street Pittsburgh, PA 15206 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. Sec. 4904 relating to unsworn falsification to authoriti D b 23 2008 -? ecem er _ DATE VANIEL G. SC IEG, ESQUIRE Attorney for Plaintiff NORTHWEST SAVINGS BANK CUMBERLAND COUNTY Plaintiff, V. No. 08-3507 KELLY L. GARRETT Defendant(s). January 23, 2009 TO: KELLY L. GARRETT 709 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 709 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff s Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $121,286.69obtained by NORTHWEST SAVINGS BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. 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 to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. You may also 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 on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened,. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that 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 distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Final Subdivision Plan for Cedar Ridge Townhouses, prepared by John C. Brilhart, Surveying and Mapping Services, last revised on January 13, 1978, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 32, Page 73, as follows, to wit: BEGINNING at the intersection of the northerly right-of-way line of Cedar Ridge Lane, a private street (50 feet wide) and the westerly boundary line of lands, now or formerly of Florence and John Manning; thence North twenty-five degrees west, along said boundary line, a distance of 85.63 feet to a point at Common Open Space; thence South fifty-eight degrees four minutes West, along Common Open Space, a distance of 61.30 feet to a point on the dividing line between Lot Nos. A-4 and A-5; thence South thirty-one degrees fifty-six minutes East, along said dividing line, a distance of 85 feet to a point on the northerly right-of-way line of Cedar Ridge Lane; thence along said northerly right-of-way line, North fifty-eight degrees four minutes East, a distance of 50.96 feet to the point and place of BEGINNING. CONTAINING four thousand seven hundred seventy-one square feet (4,771 square feet). TITLE TO SAID PREMISES IS VESTED IN Kelly L. Garrett, by Deed from Bruno M. Dario and Ann D. Walker, h/w, dated 10/20/2006, recorded 10/23/2006 in Book 277, Page 1124. PREMISES BEING: 709 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055 PARCEL NO. 42-24-0792-001 E WRIT OF :EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-3507 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NORTHWEST SAVINGS BANK, Plaintiff (s) From KELLY L. GARRETT (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 fiam 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 himiher that heishe has been added as a garnishee and is enjoined as above stated. Amount Due $121.286.69 L.L. $.50 Interest FROM 10/23/08 TO 6/10/09 (PER DIEM - $20.42) -- $4,717.02 AND COSTS Atty's Comm % Due Protliy $2.00 Atty Paid 5158.00 Other Costs ADD'L COSTS - $1,551.50 Plaintiff Paid Date: JANUARY 26, 2009 C tls R. Lon T thono ry (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 19 On January 28, 2009 the Sheriff levied upon the defendant's interest in the real property situated iri Upper Allen Township, Cumberland County, PA Known and numbered as 709 Cedar Ridge Lane, Mechanicsburg, more fully described on Exhibit "A" tiled with this writ and by this reference incorporated hereij-i Date: January 28, 2009 By: 'he Patriot-News Co. 812 Market St. Harrisburg,, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the PNow you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss 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: 04/24/09 05/01/09 05/08/09 +GQt. .............. Sworn o d subspribed before me this 12 day'pf lylay, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary pub ? Cwrnbsion ?rg Dauphin CMN#y Member, Penns'dvanisAs Nov h1 AssoGation of Notaries WS-w'"Eir L ALL a4 pme at.pasxl of land, ?- Cttinbefto Cotmlg, bands, SwrA fond de od in ?kw "pun for 7bltiidwa Qbd bf 1;? C. ?!j)R'aYd_Y1, last tev" nn owy 13, 1948; td4oii'ded in the Ct> d•fainy Rmmder of Deeds Office ifl ow "ftft M asinAma t!o wit, and wat 44", am` bbloy 1WK `aAkW9c?C' of 8SA3, w to'a 0* at ftm 9wt# > four tt s Vfieal, i?ig'Co?nCtperte; adi?tice of 61.30 fort to a paint on ix dividixg line b?v>?if 1kt 1 A4 Od A+?'oc?Sotrth tidrfY one daarre '>tir-air m*w oc oiir AbAM*'$#i4 f,"Y 'bC of C edu lb* law 'bmwt dmb said. mt§H) - of w+ay USIN 14 four m*jij But, a dO?mw a %.96 fw-to the Itd 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: May 1, May 8, and May 15, 2009 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. bira Marie Coyne, /Lbitor SWORN TO AND SUBSCRIBED before me this 15 day of May, 2009 - Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 26, 2010 REAL ESTATE SALE NO. 19 Writ No 2008-3507 _M Northwest Savings Bank Kelh; l.- Garrett Atty.: Daniel G- Sehmieg LEGAL I:)ESCRIPTION ALL THAT CERTAIN piece oar' parcel of land, situate in Upper Al- len Township, Cumberland County, Pennsylvania, bounded and de- scribed in accordance with a Final Subdivision Plan for Cedar Ridge Townhouses, prepared by John C. Brilhart, Surveying and Mapping Services, last revised on January 13, 1978, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 32. Page 73, as follows, to wit: BEGINNING at the intersection of the northerly right-of-way line of Cedar Ridge Lane, a private street (50 feet wide) and the westerly bound- ary line of lands, now or formerly of Florence and John Manning; thence North twenty-five degrees west; along said boundary line, a distance of 85.63 feet to a point at Common Open Space, thence South fifty-eight degrees four minutes West, along Common Open Space, a. distance of 61.30 feet to a point on the dividing liite between Lot Nos. A-4 and A-5; thence South thirty-one degrees fifty- six minutes East, along said dividing line, a distance of 85 feet to a point on the northerly right-of-way line of Cedar Ridge Lane; thence along said northerly right-of-way line, North fifty-eight degrees four minutes East, a distance of 50.96 feet to the point and place of BEGINNING. CONTAINING four thousand seven hundred seventy-one square feet (4,771 square feet). TITLE TO SAID PREMISES IS VESTED IN Kelly L. Garrett, by Deed from Bruno M. Dario and Ann D. Walker, h/w, dated 10/20/2006, recorded 10/23/2006 in Book 277, Page 1124. PREMISES BEING: 709 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055. PARCEL NO. 12--ti4-079,2-001 E.