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Home My WebLink About04-0458FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY 2300 BROOKSTONE CTR PKWY' COLUMBUS, GA 31904 Plaintiff COURT OF COMMON PLEAS CWIL DWISION TERM No. Oq CUMBERLAND COUNTY CLAYTON W. ANDERSON 687 STATE STREET LEMOYNE, PA 17043 LYNN M. ANDERSON A/K/A LYNN M. SPICER 687 STATE STREET LEMOYNE, PA 17043 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rigghts important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNT~ BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File#: 70331 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 WlTHIN 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 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. IViI¢ #: 70331 Plaintiff is GREENPOINT MORTGAGE FUNDING, 1NC., F/K/A HEADLANDS MORTGAGE COMPANY 2300 BROOKSTONE CTR PKWY COLUMBUS, GA 31904 The name(s) and last known address(es) of the Defendant(s) are: CLAYTON W. ANDERSON 687 STATE STREET LEMOYNE, PA 17043 LYNN M. ANDERSON A/K/A LYNN M. SPICER 687 STATE STREET LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/29/1999 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 Mortgage Book No. 1563, Page 1117. 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 06/01/2003 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#: 70331 The following amounts are due on the mortgage: Principal Balance Interest 05/01/2003 through 02/03/2004 (Per Diem $13.23) Attorney' s Fees Cumulative Late Charges 07/29/1999 to 02/03/2004 Cost of Suit and Title Search Subtotal $51,271.08 3,691.17 1,225.00 87.68 $ 550.00 $ 56,824.93 Escrow Credit 0.00 Deficit 1,315.18 Subtotal $ 1,315.18 TOTAL $ 58,140.11 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sherifgs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 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. 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 $ 58,140Al,togetherwithinterestfrom02/03/2004 attherateof$13.23perdiemtothedateof Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: FEDERMAtF~ /s/ rancis S. Hallihan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Fi/e#: 70331 Recording Requested by and Mail to: Headlands Mortgage Company 1100 Larkspur Landing Circle Suite 10f Larkspur, California 94939 Parcel Number: 12 - 21- 267 - 302 ISpace Above This Line For Recording Data] MORTGAGE THIS MORTGAGE ("Security Instrument") is given on July 29, 1.599 Clayton W Anderson and Lynn M Anderson, Husband and Wife · The mortgagor is ("Borrower"). This Security Instrument is given to Headlands Mortgage Company which is organized and existing under the laws of The State Of California , and whose addressis 1100 Larkspur Landing Circle, Suite 101, Larkspur, California 94939 CLender"). Borrower owes Lender the principal sum of Fifty-Two Thousand Seven Hundred and 00/100ths Dollars (U.S. $ 52,700.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable onAugunt 1, 2029 This Security Instrument secu~s to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) 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 Cumberland County, Pennsylvania: An more particularly described in Exhibit ~A" attached hereto and made a part hereof. which has the addressof 607 State Street , Lemolrne Pennsylvania 17043 [ZipCodeJ ("Property Address"); PENNSYLVANI,~ -Sinole Family-FNMAIFHLMC UNIFORM INSTRUMENT Form 3039 9190 (~).-6RIPA 119~0L03 Amended~._./.~ ' f*5/9'% BBAS-04 [5~reet, Ci~'l, 0931524 TOGETHER WITH ail the improvements now or hereafter erected on th~ 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 ~x:urity Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Paymellt of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ('Funds") for: (a) yearly taxes and assessments which my attain priority over this ,~:curity Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f') any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called 'Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally relat~M mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601etseq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may 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, instrumentslity, or entity (incinding Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may 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. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may 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, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by 'Lender exceed the amounts permitted to be held by applicable law, Lender shall accou:nt to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instmmont, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paxagraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds heldb_y_Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay ail taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender ail notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; 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 may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. (~.-6R{PA) 1~4~o~ o3 BBAS-04 Pa~e 2 of 6 Form 3039 9190 5. Hazard or Property Insurat...:. Borrower shall keep 'the improvements n,ow existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods, or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Eender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower falls to maintain coverage described above, Lender may, at Lender's optinn~ obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right m hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. 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, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. 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 any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender nmy use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's fight to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent-Of the sums secured by this Security Instrumant immediately prior to the acquisition. 6. Oecupaney, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. 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. 7, Pro{ection of Lender's Pdghts in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Leader does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, 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 approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve · BBAS-04 0931524 ~)~-6RIPA) {9410} 03 P~e 3 o~ 6 ~ Form 3039 9/90 payments may no longer be required, at the option of Lender, if mortgage insurance COVerage (in the amount and for the period · that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspectinn. Lender or its agent may make reasonable entries Upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to 10. an inspection specifying reasonable cause for the inspection. Condanmation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument. whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument imn~diately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security /nstrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, un/ess Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the 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 condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Leader is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in Paragraphs I and 2 or change the amount of such payments. IL.Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amorttzation of the sums secured by this Security [nstrume not operate to release the liability of the orio' o~ n ........ a~g[antea ~y Lender to any successor in interest of B commence proceedings -- ~,m.., ,-,,,,,u,,cr or t~orrower s successors in merest T ,.,,a~. o~.~ . ,orrowe. r shall against any successor in interest or 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 Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Suecesanrs and ASsigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security InstrUment shall bind and benefit the successors and assigns of Lender and Borrower, subject to the;provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this ,~'Curity Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that BorrOWer's interest in the Property under the term~ of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (e) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument 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'~t~ loan charge shall be reduced by the amount necessary to reduce the charge to the permitted linlit; 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 under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event' that any provision or clause of this Security Instmmnnt 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. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security/nstmment. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in.it is so'Id or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without l~ender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security lnstrumem. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. ' · If Lender exercises this option, Le:x~der shall give Borrower notice of acceleration. The notice shall prOvide a period of not less than 30 days from the date the hotice is delivered or mailed within which Borrower must pay all sums secured by this Security fustrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to th~ earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security fustrument~,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; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the 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 paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note andLh~i~ Security Instrument. There also may 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 in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. 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. Borrower shall promptly give Lender written notice of 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. If Borrower learns, or is notified by any governmental or regulatory authority, 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. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances 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. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. 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 paragraph 17 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 id) 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 rehastate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to aecderation and foreclosure, ff the default is not cured ns specified, Lender, at i~s 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 proceedfug. Lender shall be entitled to collect all expeas~ incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fe~ and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation coats. 23. Waivers. Borrower, to the extent permitted by applicable law, waive~ and releases ;my error or defects in proceedings to enforce this Security fustmment, and hereby Waives the benefit of any pre~ent or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. ~24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the conunenenment of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. ~®"S_~,rchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title - ntPA~ ~4,o, ...... ;*,, Instrument shall be a purchase mone/mortgage. lqorrower agrees that ~ interest rate payable after a judgment is entered on the Note "~' rate payable fi'oM time to time under the Note. 093~524 /Corm 3039 9/90 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable bex(es)] Adjustal)le Rate Rider [] Condominium Rider [~ 1-4 Family Rider Graduated PaYment Rider [] Planned Unit Development Rider ~ Biweekly Payment Rider Balloon Rider [] Rate Improvement Rider [~] Second Home Rider VA Rider ['-'] Other(s) {specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and ia any rider(s) executed by Borrower and recorded with it. Witnesses: Clayt~ w An erson -Borrower Lynn M Anderson -Bo~owcr (Seal) -Borrower (Seal) Certificate of Residence I, the withia-namedMoffgageeisll00 Larkapur Landing circle, Suite 101 Larkspur, California 94939 Wimess my hand this ~ dayof ~/ , , do hereby certify that the correct address of Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss: On this, the o) q ,a day of ?7/ ~ers0nally appeared Clayton W Anderson and L M Anderson known to me (or satisfactorilypr0v~a)~ to:be th~. ~ j'. . .: person/l~r$onswhose name i$/~r~ subscribed to the within iastmmeut and acknowledged tha~/ah~/t:h~y' ~ ' executed the same for the purposes herein contained. 'IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expit=s. NOTARIAL. 8E/Id. MILDRED M~ TErER, Natary ~blic HaMsl~tg. Dauphin Cotmly, PA My Commission Expires Aug. 26, 2002 Tide of Officer 0931524 Form 3039 9190 oodSG3 ALL TF~T CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described as follows: BEING one-half of Lot No. 21 in the Plan of Lots known as Plan No. 2 of North Riverton, said Plan being recorded in the office of the Recorder of Deeds for Cumberland CounTy in Deed ~ook "X", Volume 5, Page 601; having a frontage on Sta~e Street (also ~own as Get~ysbur~ Road) of 22.5 fee~ and extending, aT an even width, 125 feet, more or ~ess, to a twenty foot alley in the rear; being improved with one-half of a double frame dwellling house known and numbered as 687 State Street, Lemoyne, Pennsylvania. BEING the same premises which Harold S. I~in and Paul E. Clouser, Administrators of the Estate of Oren S. Baker by Deed dated July 11, 1960 and recorded in Cumberland County County, in Deed Book Y, Volume 1S page 85 conveyed unto J. Leonard Campbell and Rhoda Campbell, hie wife. The said Leonard Campbell predeceased Ri%oda Campbell on whereby title vested in Rhoda Campbell as the su~ivln9 Tenant by the entireties.. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Pla'mtiffin 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 he is 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 Plaintiffand are tree and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. 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. r~~F r~cis S.H~ ll inan~ Attorney for Plaintiff SHERIFF'S RETURN - NOT FOUND CASE HO: 2004-00458 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLA~ND GREENPOINT MORTGAGE FUNDING VS ANDERSON CLAYTON W ET AL R. Thomas Kline duly sworn according inquiry for the within named DEPENDANT ANDERSON LYNN M AKA LYNN M SPICER unable to locate Her in his bailiwick. ,Sheriff or Deputy Sheriff, who being to law, says, that he made a diligent search and but was He therefore returns the COMPLAINT - MORT FORE , the within named DEPENDANT SPICER 587 STATE STREET LEMOYNE, PA 17043 NO SUCH ADDRESS. , NOT FOUND , ANDERSON LYNN M AKA LYNN M as to Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 Sheriff of Cumberland County FEDERMA~N & PHELAN 02/05/2004 Sworn and subscribed to before me this /J ~ day of SZ~w~ ~ A.D. SHERIFF'S RETURN - NOT FOUND CASE MO: 2004-00458 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLJtND GREENPOINT MORTGAGE FUNDING VS ANDERSON CLAYTON W ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEPENDANT ANDERSON CLAYTON W unable to locate Him in his bailiwick. · Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was He therefore returns the COMPLAINT - MORT PORE the within named DEFENDANT 587 STATE STREET LEMOYNE, PA 17043 NO SUCH ADDRESS. · NOT FOUND , ANDERSON CLAYTON W as to Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 S.O0 10.00 .00 21.00 So answers ~r~/ 3~;' ~'~/ R. Thomas Kline Sheriff of Culnberland County FEDERMAN & PHELAN 02/05/2004 Sworn and subscribed to before me this /~ day of J~7 A.D. P~h n~ootary ~ ~7e~ SHERIFF'S RETURN - QASE ~O: 2004-00458 P COMHONNEALTH OF PENNSYLVANIA: COUNTY OF CUNBERLAND GREENPOINT MORTGAGE FUNDING VS ANDERSON CLAYTON W ET AL REGULAR VALERIE WEARY Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE ANDERSON CLAYTON W DEFENDANT , at 1743:00 HOURS, on the at 687 STATE STREET LEMOYNE, PA 17043 CLAYTON W ANDERSON a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 4th day of February , 2004 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me ~his /~ day of ' Prothonotary So Answers: R. Thomas Kline 02/08/2004 PEDERMAN & PHELAN SHERIFF'S RETURN qASE NO: 2004-00458 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENPOINT MORTGAGE FUNDING VS ANDERSON CLAYTON W ET AL REGULAR VALERIE WEARY Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 4th day of February , __ by handing to ADULT IN CHARGE together with says, the within COMPLAINT - MORT FORE ANDERSON LYKrN M AKA LYNN M SPICER DEFENDANT , at 1743:00 HOURS, on the at 687 STATE STREET LEMOYNE, PA 17043 CLAYTON W ANDERSON, a true and attested copy of COMPLAINT - MORT FORE 2004 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this _ /3 ~ day of ~rc~th~r~~ So Answers: R. Thomas Kline 02/05/2004 FEDERMAN & PHELAN meputy sh~iff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GREENPOINT MORTGAGE FUNDING, 1NC., F/1GA HEADLANDS MORTGAGE COMPANY 2300 BROOKSTONE, CENTER PARKWAY COLUMBUS, GA 31904 Plaintiff, CLAYTON W. ANDERSON LYNN M. ANDERSON A/K/ALYNNM. SPICER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-0458 CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against CLAYTON W. ANDERSON and LYNN M. ANDERSON A/K/A LYNN M. SPICER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest fi.om 11/13/03-3/9/04 TOTAL $57,042.02 $1,561.14 $58,603.16 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT,~. DATE: PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 56%7000 GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY Plaintiff CLAYTON W. ANDERSON LWNN M. ANDERSON, A/K/A LYIxqq M. SPICER Defendants ATFORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CML DMSION CIMBERLAND COUNTY NO. 04-458 CML TERM TO: CLAYTON W. ANDERSON 687 STATE STREET LEMOYNE, PA 17043 FILE COPY DATE OF NOTICE: FEBRUARY 2~;, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) 56%7000 GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY Plaintiff Vs. CLAYTON W. ANDERSON LYNN M. ANDERSON, A/K/A LYNN M. SPICER Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DIVISION : CIMBERLAND COUNTY : NO. 04458 CML TERM TO: LYNN M. ANDERSON, A/K/A LYNN M. SPICER 687 STATE STREET LEMOYNE, PA 17043 DATE OF NOTICE: FEIIRUARY 24, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 24%3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215~ 563-7000 GREENPOINT MORTGAGE FUNDING, 1NC., F/K/A HEADLANDS MORTGAGE COMPANY 2300 BROOKSTONE, CENTER PARKWAY Plaintiff, CLAYTON W. ANDERSON LYNN M. ANDERSON A/K/ALYNNM. SPICER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 04-0458CIV1L VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, 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 CLAYTON W. ANDERSON is over 18 years of age and resides at, 687 STATE STREET, LEMOYNE, PA 17043. (c) that defendant LYNN M. ANDERSON 3dK/A LYNN M. SPICER is over 18 years of age, and resides at, 687 STATE STREET, LEMOYNE, PA 17043. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center OMilitary Status Report Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 ~Last Name ]First Middle [Begin Date IActive Duty StatusANDERSON Currently not on Active Military Duty, based on the Social Security Number and last name provided. MAR-09-2004 07:31:23 Service/Agency Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. Kenneth C. Scheflen, Director Department of Defense ~ Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail to sscra, helpdesk~osd~0entagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. 3/9/2004 https://www.dmdc.osd.mil/udpdri/owa/sscra, prc_Select PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY Plaintiff, V. CLAYTON W. ANDERSON LY1NN M. ANDERSON AfK/A LYNN M. SPICER Defendant(s). No. 04-0458 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/10/04 to JUNE 9, 2004 (per diem -$9.63) TOTAL $58,603.16 / $885.96 and Costs $59,489.12 FRANK FEDERMAN, 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. ALL TItAT CERTAIN lot of ground with the improvements thereon erected in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and designated as follows: BEING one-half of Lot No. 21 in the Plan of Lots known as Plan No. 2 of North Riverton, said plan being recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book "X", Volume 5, page 601; having a frontage on State Street (also known as Gettysburg Road) of 22.5 feet and extending at an even width, 125 feet, more or less to a twenty foot alley in the rear, being improved with one-half of a double frame dwelling house known and numbered as 687 State Street, Lemo3me, Pennsylvania. Together with any improvements thereon erected, being known as 687 State Street, Lemoyne, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Clayton W. Anderson and Lynn M. Anderson, his wife by Deed from Rhoda Campbell, by her Power of Attorney Michael L. Bangs dated 7/29/1999 and recorded 8/13/1999 in Record Book 205 Page 889. Tax Parcel #12-21-0267-302 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-458 Civil COUNTY OF CUMBERLAND) CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GREENPOINT MORTGAGE FUNDING, INC., f/k/a HEADLANDS MORTGAGE COMPANY Plaintiff(s) From CLAYTON W. ANDERSON and LYNN M. ANDERSON a/k/a LYNN M. SPICER, 687 STATE ST., LEMOYNE PA 17043. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 687 STATE ST., LEMOYNE PA 17043 (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 thereofi (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 dLrected to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $58,603.16 L.L. $.50 Interest FROM 3/10/04 TO 6/9/04 ~ $9.63 per diem = $885.96 Duc Prothy $1.00 Atty's Comm % Arty Paid $178.35 Plaintiff Paid Date: MARCH 10, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Other Costs CURTIS R. LONG By: (,.~ ~ Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215)563-7000 Supreme Court ID No. 12248 GREENPOINT MORTGAGE FUNDING, INC., F/FJA HEADLANDS MORTGAGE COMPANY Plaintiff, CLAYTON W. ANDERSON LYNN M. ANDERSON A/K/A LYNN M. SPICER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 04-0458 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GREENPOINT MORTGAGE FUNDING, INC., F/I(JA HEADLANDS MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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, 687 STATE STREET, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CLAYTON W. ANDERSON 687 STATE STREET LEMOYNE, PA 17043 LYNN M. ANDERSON A/K/A LYNN M. SPICER 687 STATE STREET LEMOYNE, PA 17043 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: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Nalne 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) BOROUGH OF LEMOYNE 665 MARKET STREET LEMOYNE, PA 17043 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 687 STATE STREET LEMOYNE, PA 17043 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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 tmderstand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. March 9, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GREENPOINT MORTGAGE FUNDING, INC., F/FdA HEADLANDS MORTGAGE COMPANY Plaintiff, CLAYTON W. ANDERSON LYNN M. ANDERSON A/K/ALYNNM. SPICER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-0458 CIVIL CERTIFICATION FRANK FEDERMAN, 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: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 9l procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GREENPOINT MORTGAGE FUNDING, INC., F/FdA HEADLANDS MORTGAGE COMPANY Plaintiff, CLAYTON W. ANDERSON LYNN M. ANDERSON A/K/A LYNN M. SHCER Defendant(s). TO: CLAYTON W. ANDERSON 687 STATE STREET LEMOYNE, PA 17043 CUMBERLAND COUNTY No. 04-0458 CIVIL March 9, 2004 LYNN M. ANDERSON A/K/A LYNN M. SPICER 687 STATE STREET LEMOYNE, PA 17043 **THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN A GA1NST PROPERTY. ** Your house (real estate) at, 687 STATE STREET, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriff's Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $58,603.16 obtained by GREENPOINT MORTGAGE FUNDING, INC., F/FdA HEADLANDS MORTGAGE COMPANY (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 Sheriff's 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. 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. 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 Sheriffthe 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 Sheriffwithin 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot of ground with the improvements thereon erected in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and designated as follows: BEING one-half of Lot No. 21 in the Plan of Lots known as Plan No. 2 of North Rivcrton, said plan being recorded in the Office of the Recorder of Deeds for Cttmberland County in Deed Book "X", Volume 5, page 601; having a frontage on State Street (also known as Gettysburg Road) of 22.5 feet and extending at an even width, 125 feet, more or less to a twenty foot alley in the rear, being improved with one-half of a double frame dwelling house known and numbered as 687 State Street, Lemoyne, Pennsylvania. Together with any improvements thereon erected, being known as 687 State Street, Lemoyne, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Clayton W. Anderson and Lynn M. Anderson, his wife by Deed from Rhoda Campbell, by her Power of Attorney Michael L. Bangs dated 7/29/1999 and recorded 8/13/1999 in Record Book 205 Page 889. Tax Parcel #12-21-0267-302 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY VS. CLAYTON W. ANDERSON LYNN M. ANDERSON AfK/A LYNN M. i SPICER ) CIVIL ACTION ) ) CIVIL DIVISION ) NO. 04-0458 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for GREENPOINT MORTGAGE FUNDING~ INC.~ F/FdA HEADLANDS MORTGAGE COMPANY hereby verify that on March 12~ 2004 tree and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: April 16, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PLAINTIFF OEgENOA T(S) AFFIDAVIT OF SERVICE GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY CLAYTON W. ANDERSON LYNN M. ANDERSON A/K/A LYNN M. SPICER CUMBERLAND COUNTY No. 04-0458 CIVIL ACCT. #0071662076 Type of Action - Notice of Sheriff's Sale PJT SERVE LYNN M. ANDERSON A/K/A LYNN M. SPICER AT 687 STATE STREET LEMOYNE, PA 17043 Served and made known to Lynn M. Anderson ,200_4, at 6:50 ., o'clockP.r~, at SERVED ,De~am, onthe 687 State St., Lemoyne Sale Date: JUNE 9, 2004 22nd dayof March , Commonwealth of Pennsylvania, in the manner described below: X Defendant personally served. __Adult family member with whom Defendant(s) reside(s). Relationship is _ __Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: lbs. Description: Age40-45 Height 5'4" Weight 165 RaceCa:q./~S,ex F Other I, Daniel P. Ryan , a competent adult, being duly swom according to law, depose and state that I personally handed a tree and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above· Notarial Seal i Sworn to and subscribed ~ Wendy M. Livingston, Notary Public I before me this 23rdta~ Susqucha~n? Twp~.,iDrc~uPohcitn2C4ou~t0~5 I -- ~CE AT LEAST I ;S & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ., 200__, at __ o'clock __.m., Defendant NOT FOUND because: __ Moved __ Unknown__ No Answer Vacant 1st Attempt: / / Time: Attempt: / / Time: 3rd Attempt: / / Time: : Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire- I.D. No. 12248 PLAINTIFF AFFIDAVIT OF SERVICE GREENPOINT MORTGAGE FUNDING, INC., F/FdA IIEADLANDS MORTGAGE COMPANY DEFENDANT(S) CLAYTON W. ANDERSON LYNN M. ANDERSON A/K/A LYNN M. SPICER SERVE CLAYTON W. ANDERSON AT 687 STATE STREET LEMOYNE, PA 17043 CUMBERLAND COUNTY PJT iNo. 04-0458 CIVIL AG(DT. #.00?1662076 Type of Action -. Notice of Sheriff's Sale Sale Date: JUNE 9, 2004 SERVED Servedandmade~ownto Clayton W. Anderson ,De~ndant, on~e at 6:50 ,o'clock~_.m.,at 687 State Street,Lemoyne 22nd of Permsylvania, in the manner described below: day of' March ,200_~{ , Commonwealth Defendant personally served. Adult family member with whom Defendant(s) reside(s)· Relationship is .qPCfl'IRIE, __.Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s)· Agent or person in charge of Defendant(s)'s office or usual place of business. Other: an officer of said Defendant(s)'s company· LYNN. M. ANDERSON · , ',, lbs. - Description: Age 40-45 Hmght~_5___4 Weight~,6~ Race .~a~($,.x_ F__ Other I, Dan i e 1 P. Ryan , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated abeove. Notarial Seal Sworn to and subscribed Wcndy M. Livingston. Notary Public i before me this 23 rd.~].. Susquehanna TWp.. Dauphin County I --~Y My Cgmmission Expires Oct. 24, 2005 ~ / / ~qfotaMry..ar3~ '200~¢a~3i~C~Pv'~'~svl'~r~r'ia^~o¢iation~qotan.~ / ,a. PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of .200__, at __. Moved ____ Unknown No Answer 1st Attempt: /_/ / Time:. : 3rd Attempt: / / Time: : __ o'clock __.m., Del%ndant NOT FOUND because: __ Vacant 2"a Attempt:_ / / Time: Sworn to and subscribed before me this 23rdday of March ,2004_. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 Greenpoint Mortgage Funding, Inc., f/k/a Headlands Mortgage Company VS Clayton W. Anderson and Lynn M. Anderson a/k/a Lynn M. Spicer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-458 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 11.52 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 22.08 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 223.55 Patriot News 174.82 Share of Bills 29.26 $ 587.73 paid by attorney 07/06/04 This ?~ day of (__~j~. 2004, A.D.~ R. Thomas Kline, Sheriff Prothonotary Real Estfi{e Deputy GREENPOINT MORTGAGE FUNDING, INC., F/K/A HEADLANDS MORTGAGE COMPANY Plaintiff, CLAYTON W. ANDERSON LYNN M. ANDERSONA/K/ALYNNM. SPiCER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-0458 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GREENPOINT MORTGAGE FUNDING~ INC.~ F/K/A HEADLANDS MORTGAGE COMPAN3(, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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, 687 STATE STREET~ LEMOYNE~ PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CLAYTON W. ANDERSON LYNN M. ANDERSON A/K/A LYNN M. SPICER 687 STATE STREET LEMOYNE, PA 17043 687 STATE STREET LEMOYNE, PA 17043 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 BOROUGH OF LEMOYNE Last Known Address (if address cannot be reasonably ascertained, please indicate) 665 MARKET STREET LEMOYNE, PA 17043 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: Nartle Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 687 STATE STREET LEMOYNE, PA 17043 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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 authorities. March 9, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GREENPOINT MORTGAGE FUNDING, 1NC., F/K/A HI~ADLANDS MORTGAGE COMPANY Plaintiff, CLAYTON W. ANDERSON LYNN M. ANDERSON A/K/A LYNN M. SPICER Defendant(s). TO: CLAYTON W. ANDERSON 687 STATE STREET LEMOYNE, PA 17043 CUMBERLAND COUNTY No. 04-0458 CIVIL March 9,2004 LYNN M. ANDERSON A/K/A LYNN M. SPICER 687 STATE STREET LEMOYNE, PA 17043 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEB T, B UT ONLY ENFOR CEMENT OF A LIEN AGAINST PROPER TY. * * Your house (real estate) at~ 687 STATE STREET~ LEMOYNE~ PA 17043~ is scheduled to be sold at the Sheriffs Sale on JUNE 9~ 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $58~603.16 obtained by GREENPOINT MORTGAGE FUNDING~ INC., F/K/A HEADLANDS MORTGAGE COMPANY (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 SAI,E 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. 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. 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 OTHIq~ RIGHTS EVEN IF 'I'HE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling f215) 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 Sheriffthe 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 Sheriffwithin ten (10) days after the distribution is flied. 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot of ground with the improvements thereon erected in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and designated follows: as BEING one-half of Lot No. 21 in the Plan of Lots known as Plan No. 2 of North Riverton, said plan being recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book "X", Volume 5, page 601; having a frontage on State Street (also known as Gettysburg Road) of 22.5 feet and extending at an even width, 125 feet, more or less to a twenty foot alley in the rear, being improved with one~half of a double frame dwelling house known and numbered as 687 State Street, Lemoyne, Pennsylvania. Together with any improvements thereon erected, being known as 687 State Street, Lemoyne, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Clayton W. Anderson and Lynn M. Anderson, his wife by Deed from Rhoda Campbell, by her Power of Attorney Michael L. Bangs dated 7/29/1999 and recorded 8/13/1999 in Record Book 205 Page 889. Tax Parcel #12-21-0267-302 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-458 Civil COUNTY OF CUMBERLAND) CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GREENPOINT MORTGAGE FUNDING, INC., f/k/a HEADLANDS MORTGAGE COMPANY Plaintiff (s) From CLAYTON W. ANDERSON and LYNN M. ANDERSON a/k/a LYNN M. SPICER, 687 STATE ST., LEMOYNE PA 17043. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 687 STATE ST., LEMOYNE PA 17043 (SEE LEGAL DESCRIPTION). (2) You are also directed to ai~ach 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 $58,603.16 L.L. $.50 Interest FROM 3/10/04 TO 6/9/04 ~ $9.63 per diem -- $885.96 Due Prothy $1.00 Other Costs Atty's Comm % Atty Paid $178.35 Plaintiff Paid Date: MARCH 10, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. CURTIS R. LONG Proth~tary Deput~ 0 Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215)563-7000 Supreme Com't ID No. 12248 Real Estate Sale #81 On March 11, 2004 the sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 687 State Street, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 11, 2004 By: .,./t Real Estate~Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of April and the 4th and 11th day(s) of May 2004. 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 Coun ' ' ' k "M", Volume 14, Page 317. PUBLICATION Sworn to and ~ bef~)re me thi.~28th day of/May 2/0~- A.D. COPY ~MtNe.~4~ I Terry L. Russell, Notary Public 1' NOT~iY PUBLIC Q~/olHarrlsburg DouphlnCounly ' ' ' 6 I N~y Commis.~on F. xplre~ June 0, 2006 I~y commission expires June 6 200 f4~/I ~ ~ ~' Member, Penneyfv&nla AIIoell, llen e I -,~- !,L- -,~; ami CUMBERLAND COUN'TY SHERIFFS OFFICE Cl~:~ CUMBERLAND COUNTY COURTHOUSE e~l/llLylt~_ ~ CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice er publication attached hereto on the above stated dates 174.82 Publisher's Receipt for Advertising Cost ,ws Co., publisher of ~and Th n P triot-N w , newspapers of general owledge receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE 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 thc 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 thc said County, and that thc 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: APRIL 16, 23, 30,2004 ~ 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. REAL ESTATE 8ALE NO. 81 Writ No. 2004-458 Civil Greenpoint Mortgage Funding. Inc. f/k/a Headlands Mortgage Company V$, Clayton W. Anderson and Lynn M. Anderson a/k/a Lyrm M. Spicer Atty.: Frank Federman ALL THAT CERTAIN lot of ground x~th the tmprovemenm thereon erect- ed in the Borough of Lemoyne. Cumberland County. pennsylvania, bounded and designated as follows: BEING one-half of Lot No. 21 in the Plan of Lots known as Plan No. 2 of Nortti River[on, said plan being recorded in the Office of the Record- er of Deeds for Cumberland County in Deed Book 'X~, Volume 5~ page 601; ha,ring a frontage on State Street (alan kno~rn as GetWsburg Road) of -- ~ Made lCoyne, SWORN TO AND SUBSCRIBED before me this 30 .day of_ APRIL 2004 NOTA~I~ SEAL ~ LOIS fi. SNYDER, Nota~/public; J Carlisle Boro, Cumberland County I [My Commission Expires March 5, 2005,1 Clayton %V. Anderson and Lyrtn M, Anderson a/k/a Lyr~ M. Spicer Atty.: Frank Federman ALL THAT CERTAIN lot of ground with the improvements thereon erect- ed in the Borough of Lemoyne, Cumberland County, pennsylvania, bounded and designated as follour~: BEING one-half of Lot No, 21 in the plan of Lots knoWn as plan No, 2 of North Riverton, said plan being recorded in the office of the Record- er of Deeds for cumberland County in Deed Book "X~, Volume 5, page 601; having a frontage on State Street (also known as Gettysburg Road] of 22.5 feet and extending at an even width, 125 feet, more or less to a twenty foot alley in the rear, being improved with one-half of a double frame dwelling house known and numbered as 687 State Street, Le- moyne, pennsylvania. Together with any improvements thereon erected, being known as 687 State Street, Lemoyne, penn- sylvania. TITLE TO SAID pREMISES IS VESTED IN Clayton W. Anderson and Lynn M. Anderson, his wife by Deed from P. hoda Campbell, by her power of Attorney Michael L. Bangs dated 7/29/1999 and recorded 8/ 13/1999 in Record Book 205 Page 889, TaX parcel #12_21-0267-302.