HomeMy WebLinkAbout08-4282IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW ORM
AMERICAN HOME BANK, N.A. ;
Plaintiff ; No,
vs.
STEVE A. KAUFFMAN
Action in Mortgage
Foreclosure
Defendant
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 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 OR PROPERTY OR OTHER
RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3
Attorney for Plaintiff
I.D. #23239
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN HOME BANK, N.A. ... ORIGINAL
Plaintiff No
vs.
STEVE A. KAUFFMAN Action in Mortgage
Foreclosure
Defendant
COMPLAINT
1. Plaintiff, American Home Bank, N.A., is a national banking association organized and
existing under the laws of the United States of America having its principle office located at 805
Estelle Drive, Suite 101, Lancaster, Pennsylvania, 17601.
2. Defendant, Steve A. Kauffinan, is an adult individual whose last known address is 318
East North Street, Carlisle, Pennsylvania, 17013.
3. This action is based upon certain mortgage dated August 12, 2002, which mortgage was
executed by the Defendant in favor of American Home Bank, N.A., and recorded in the office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, in Mortgage Book No. 1768,
Page 3926. Attached Exhibit "A" incorporated and by reference is copy of said Mortgage and Note.
4. The Defendant is not in the military service of the United States of America or any of its
allies.
5. The premises subject to said mortgage is located at 318 East North Street, Carlisle,
Pennsylvania, 17013. The premises is more fully described as follows: Attached Exhibit "B"
incorporated and herein by reference.
6. The said mortgage is in default and subject to foreclosure because the Defendant has
failed to pay when due, since April of 2008 and currently the total delinquent amount is $4,388.00
plus late charges, accruing costs, interest and attorney fees.
7. In accordance with the terms and conditions of the Note and Mortgage the whole
principal debt secured thereby has become due and payable and recoverable immediately together
with all interest due thereon with reasonable attorney fees and costs of suit and escrows, if any.
2
8. The amount due on said mortgage as of July 1, 2008, is computed as follows:
A. Principal Balance - $119,095.65
B. Delinquent Interest - 2,781.62
C. Late Charges - 168.08
D. 5% Attorney Fees - 6,102.27
Total Costs Due - $128,147.62
9. The requirements of Act 6 of 1974 and the requirements of Act 91 of 1983 have been
fulfilled and attached herein is Exhibit "C" incorporated herein by reference.
WHEREFORE, the Plaintiff demands judgment in rem in the sum of $128,147.62, together
with all costs, interests, escrows, late charges, reasonable attorney fees and escrows, if any, and for
the foreclosure and sale of this premises.
GINGRICH, SMITH,
By:
TUffiis G.'Klingensn
Attorney for Plaintiff
45 East Orange Street
Lancaster, PA 17602
(717)393-3684
I.D. #23239
& DOLAN
3
07/02/2008 15:38 FAX 7172856422 AMERICAN HOME BANK
Prgmnd BrTAMKY 1loUcanWLER
Pxvd Nwmbsr: 40-24-0758-218
'?°cRT P ZIEGLER
? I-CORDER OF DEEDS
` -`9ERLAND COUNTY- P,t
"02 RUG 19 PIS 3 03
AhvmTd Bu ller ReaerI - D04
MORTGAGE
Darren rrs
Worts wed is sections of d& docmmc are defied below mod oe>ter Ards are dedoed in
Secdom 3, 11, 13, 18, 20 and 21. Certak rda n8Kft do m W of fiefs acted in this A me ' an
also provided hi Section 16.
(A) "Sk9 NW&V mr metms tome d0c=0 K, W%d is dosed AUGUST .11 6, 2002
topstl W W& a:•1 Rides to tbas docammeat,
f) "Netel+eWW" is STEVE A KADFFHAN, Adult Individ"i
BOU*War is dK- mayor under d& Seco ty Io h meot-
(4) "Lent W Is AXWCAN HWE BANK, N.A.
I.mder is & NATIONAL ASSoCLmON
PMWAMVArM - satem rengy - Frei. fA@sN,mtM Um UNr0W fgNFMAe W
4ft-SPAI mm.4 V027
Ffts 1 of 16 VMP MORTOW FORMS • N OMI MI
i.
BK--t 768-PG39?6
Fans SM 1/01
LOAF ID: 0000006734
1 1
RatamTa: AKWCAN HWE BAW, N.A.
805 LiTELL2 MM, SUITE 101
PO BOIL 4454
LANCASTER, PA 17604-4454
@001
EXHIBIT
„A
07/02/2008 15:38 FAX 7172858422 AMERICAN HOME BANS
Q OOY
mp nind tmd edstilat under *a laws of Mf ITED STATES OF AMUCK
lmder's adder is 805 BSTEY. Z DRIVE, SOTTE 101 PO BOR 4454
LANCA5TFR, PA 17604-4454
Lmder is to mOcgmn under thin seam* hokum".
W) "MW mess me pmomveeocy nose *W by BWOWN sod dated AUGUST 16, 2002
TJre Now tiu Berwwcr owes leader
= HUNDRRia TWEM-SIVIN 7E0)QSAND Dillo'B HUMM TWIM AND 90/100 Ddbm
(U.S. S 127,920.00
) p iaat+eet. BottOwer has ptomieed to pq this debt in ngolmr Fak dk
Slid to pay the debt in !lilt not lacer than SEPTMMM . 01, 2032
OR "PWy" menus the p[opecty that is deem bed below odder the hadmg "Tra dw of RWO in the
. N
lF') "Y.oas" mesas the debt evEdrnced by the Noce. pbs itllec?eet. hay PmP?9?maot C wVs sod lase dm ges
due order ere Mob, mod an same doe un be t h Seetrdty hnu+,menr, Phu feeeeest,
(() "Midas" means ail Riden t0 this Security btctmsm that we =waged by >loc wm. The ihllong
Riden are to be eaacoWd by Bono [oho* boat as appHc*lq:
8 AgOat" Rase Rider P Cmdomhdant Rides a Second Elam, Ridw
Balboa Rtidar Rider Q,.4 gam, Rider
? VA Rider
ms(s) (VWW t W
04 "AppleW* res." shams all 0011t<nllioE applicable Watal. Aft and local sattttea, rephtloos,
ordia = a nd,admWsftaeive nda and otdara (flat have the a0a of law) n wdl as aH applicable &a,
lane ffledesajadicid opimacs.
OD "Camamoo$ AnsclaMlea Aaee, Flees, aid Aaee¦aesae" meths ail does, I=&, Laearmeof: sod odw r
dnegaa the am kWoead on Bosmwet or the Property by a =aWmW= aasoeisdW hameow=n
aswci Lion or si m7ar arsodwim
(3) "Macbeosws F=& T=kr" meads air traosfx of fade, Oster thaw a trimatwn ampimrMed by
dw-k dm t, or daular ppet hmnaw which is inmmd tbaough an dem=& eetmbd, telapbonio
h>raome ,, °0a°P1e°t. m' tape 80 as to atria, itattttct, or suer ft a ftsm ai be[bndon m debit
or aril t an accooet. Such tram mctada, but is not limited to, pom-of-We trala. aMOttteted trite
mmsi m unsudma, ttaosfeea !taunted by tdwhane, wire iamfas, and automated douse
M "Becaow bars" moat dwae !tame that are dacajM in Seddon 3.
Q was Pcooseds" mono: any compemadon, sef leoteat, awed of do madea. or ponces" pdd
by stay dhird pdty (qdr t= mmme pmeeds paid under * vwv*vgee dnerlbad in Season 5) for: (1)
d= W to, or • 04 the Ptopetty; (H) aondemwdm or ocher aft of an or soy part of to
Ptopetty; Cvi) ,owmyaooe in lieu of cm damation; or (y) eseadM:ian of, or ambdooa as 10, ere
value savor 000 tion of the rtaww.
01 "1ldastlpe besaaaoe" moan katir o e proateg I,eadet N*a the na% ymem of, or do & an,
the Lam.
00 "PWlodtc PMUNW mama toe ragutidy scheduled all (in for (f) principal had ioeeratit adder tie
Nova, lho; (fl) MW mounts under Section 3 of dds Seauiq Iae?.
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07/02/2008 15:39 FA% 7172856422 AMERICAN HOME BANK
Q 003
(d) "UWA" mm the heal Basses Sad== Ptooed?ses Act (12 U.S.C. Smdm 26DI at soq.) mii its
bVlm=bg M#Wmdmn, Re6ulsi M X (24 C.P.R. Put 3500. as day Rd* be am oft *an don to
time, or gay XVNioosl or smcc or ICSWI M err tOP11da OW Vvem the suae? nb)M ht fts Socnrit,Y'109m Beet, "RBSPA' r*m to aIl maser. As Deed
sequhemeots and rasOrigioos fhtt tape ia?osed is
tan' seder RPSPA mortW loan_ eves N to Lm does mot gwft as a •lbdec t rdaw mmWpe
M) "S+osmsrim fiberat of ftn ear" mew say puW tht ha t*en tide to to Properey, wbe&e of
sot tM patty bU at UMW BDe OWWs obUg im tinder the Nootm&or his Suo ty l i -P , oemt.
TRANOW Of RI M IN I= MOPBRTY
This &MAY hOttamest Becomes V La m&r. 0) the repayment of the Loin, and aII r=nb, cowl= and
modi6cW" of *a Mace; and (ii) the pedfDmum of BotrowWs COY== ad AFMOM Mder this
S=rily Iartimoeot utd the Now. Far dds p gam, Bon ow deer hereby mwWA pmt and 000W tb
CUMBUIAND deaenbed property Wcaed n the COUNTY rty" atmom ft )
01
(No•e ottteo mft Bdodiedw):
SEE ATTACM LEGAL DESCRIPTION
hss the addmm of
1 C LSSTORB DRIVE [
CARLISLE
(„may Admess,)_ ill, PeowAvaoia 17013 WO Coee)
70GEMM VV TM A do impweaoeate pow at emccad os tie pnopecty, ssd au
sNGWAM s, WWWROM, sod finmms now or he udw a pmt of S& ptopKW. All M*oemeota and
adds= shall do be covered by d6 Secocity hom meat. Ad of the t is neat 6 to in dds
Smut Imarmoent as die ?mperfy. •
•gPei e?ooa? ???
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OK 17-6.8 PG 3 9t2'8
07/02/2008 15:39 FAX 7172856422 AMERICAN NONE BANK @ 004
BORROWER COVENANTS that Boamm it ]smelly sebW of the sutra hsnby omvmyad and has
ft d8k to mauve, Srmc and convey dm Pmpesy and that dte Property is tmeoamhsaad, am* tar
encmabrtsrcas *f reoosd. Baffower watiymtt tad wm dow voxdly the we to do Propmy "*a all
claims and I mrnds, a ddat to any eoambtamoes of rwm&
TM.s M'URM lNS"mummT ooR obw Una= cow=ota for ado d nee ad non and
covenaata with) limited varimd m by Imimicbm t0 oo ute a tmifmm saamity iaslctmteot cova* reel
plamty.
UNEFORK COVENANTS. Bono mr and Lender ouveosm amd apas as fonm:
1. Paytrsant of Pdmipd, him d. Bsemw >e ma am*", turd x.rae Q1I rB.
Botmvw do lpay when due the pdtx:bW of. ad' - , etmsan, :the debt evidenced by to Now and coy
PmPgum drecges cad Ute dmtgw die moor llte Now Bamwu dra doe pry Amos fogy bow Dm
pursamt to S"m 3. Paymasts doe order aha Note ad Wit Skuz ty lash moot dmn be nrtde in U.S.
cnmmmy. Howe. if my check ar othm km mtsot nodv4d by=[.ender m paymsot msdw the Note or this
Seauity Iustnraent is n mmed to Lamdw unpaid, Lmdw may rmgm that atgr or all mbsegoeet I oweaes
due under the Nate and this Smodty Io-umeot be nude is <me or msue of We foBowleg trams, as
selected by Loader: (a) cuk (b) moray order (c) and ed chart, batik dmk tsaarot es check or
cashier's dwk provided nay each check is drawn ypm at instiW m whose deposits are bald by a
federd agem 7. [miry, or amity; or (d) Elsomadc Panda Tamsfec.
Paytatemt'stee 11 1 1 m d meived by Iaader when rsoeivad acv do boon detip ow is the Now or at
such other location as may be dedpmd by Lender in amorAmw molds the mtic 1 provWm in Secdo 15.
Loader may cetnta any paymati or patthd payment if the paymsmt or patriot paymno m t to
bring the Low cakcrsat, xeAdeor may am* aw pa =mt or pa iM papas t ioatficias to brig the Loan
=am wittroot wahw of nay r%hts boundw or p *dlw to its rip6ct tD n em such I q mm or pe>Z W
paymmxs in the form but Lender is not obb$dcd in appiyy sm h paymmb at at time ouch payments one
accepted. if each Periodic Papaw is applied m of kit acb@&AW due date, than Lander need not pay
itrsecaat on u0gT sd f mde. Lender mR9 hold such a mpphad lands mil Borranmr malts psgmeat w bdog
dte Lora cunamt. NBorrower don acct do so wllhin a esisomble•pedod of thne, Lauder *An ember apply
such famds or ceptm them to Borrower. If ascot applied eatiia, soda !cords will be applied b the vuasamditr=
Prlm*d bd mx order the Now immediately prior w ftltedasme. No oOK or eWm whidr Borrower
MW have now at m the crate apdnst Lmtder shall mWv Dmo torn !roam mddq paymtats doe ua t
the Aube and dds Scarcity Imtmaeat or p the covemaoat and apeeamoa seczed by obis Sewaityy
loerrtnmen
2. AppN"m of Payssaas ar Pruoaa I B:mpt m oQwwbe dnabed in this Section 2, all
paymmra aocapoed and applied by Fender AM be gVH@d in tbb following odd of priacity: (a) hdmvat
dun mdw the Nam; (b) pdndpol doe mdw the Note; (c) amoamts doe order lleotioa 3. Such psyu a
stall be applied to cook Periodic Payment in die order in wbkb. k became doe. AzW nmtiubg mwoom
tiltdl be applied ffm m lase charges, second to my other mom! dae order dta Swority Inshumme, and
Wen to reduce the prb3dpd bdmm of the Now
N Lsmdec+ receives a payment clam Bmmwmr for a delingow Pmdodjc Palrmmt whirls incladas a
atffidw amoaot to pay nay Lee d mge doe, the pto gad may be applied ID the ddb qmo paynm end
Ste ho ehuy& If morn dw one Peeiodle Payment b oumtm iing, Lendw inky sp* any Iaamaot ra ked
ftm Bocroweroo the repo=w of tits Parodic P*m m If. and m fie eatemt dw, eorh psymm cube
4ft4e1PA) om,l d16
Vo48 .?
I+Oi ' ID : 0000006734 F01A12M '1o7
OK' 1: 7 6:8.PG 3.9;•:9
07/02/2008 15:39 FAI 7172858422 AMERICAN HOME BANK lil 005
paid in fill. Toidw assent that acy maim exists dler the patymsaq, is applied w the Bari psymmt of cm or
most: Pt?odae Ijaymmtt, aga?h enmen nosy be applied ID sop bate adiaZos doe. Votmtrty parepap?mmts a4s11
be applied fim v my I r g aD mmt chign ad Own as dw=IW in the Now
Awry apple of pWn=K mamaooe Iaum ? iih. Or b 1hicaleoeoas Paoceeds to I A m p t d due amder
the Note dwA we wood or postpone the doe dose, or chop the amoaaat, of do Periodic Psymmts.
3. 7=6 for Iscrow 1<am& Borrower dull pt? W Lander os< the dry Paiodic Payanestts are doe
-sumac the Nose. tuffi the Noes is pdd in fall, a sum (fie Tuods") to pt*vide for pe fmpet of a1 r1 9 due
for. (a) taus aaad asst eras sod other bps which cm amdn pdodty over this Seamty In uumeot ere a
lien or eneaombsiew on the PropKty; (b) leasehold pa?mems or ?d nm on the Pragam if any; (c)
prewiu ns for any and all h>eanamce a>squired by Laxtda udder Secdw 5; sod (d) lrtMM finance
I lamas, if nap, or airy sums pyable by Banovabr ID Lemlet is On of de pgmoat of MwWv
boa we palimil m m aoooadsooe Vii the ptovidm of Secft 10. 1Leab items sre pried "Iaswm
hams." At od#mdm or at wW lima dm* die am of the Low. Laaader many negAw diet Commadly
Asaotaation Does, Feu, std Aseeaoaeotk if my, be m-n - by Bonowet, aad soap does, fees and
assessmaeatte shah be as l v lama. Botursw d nU pmap y 0, 1 1 to I.eoder all notioea of so a st to
be paid under this Swdon. Bosmur dW pay I.etder the Pno& for BMW blame ualeaa Leader waiver
Bwown s objiptk a to pry to F=& for my or all Emov, bws. Lander nosy waive Borrower's
obligsdon to pay to Lender Funds for voy or A Esc ow hems as my due. Any such Maurer anay only be
in writing. In the evtmt of such wslva. Honour dvW pry dh±o*, wfaen sad w1we p"ft the amounts
due for my 6uaaw hews for which payauat of 1 has bem waived by Lunch sad, E Leadw tarq*es,
ehdl ibrbb Ia Lmder rsodpt; evideapag stash p4 :soh tfine pea W ere Ieaader may require.
Bornower's obbpdm to nubs ouch psI I and to pr db tw*u shall fw all panpoaas be &cnod to
be a covensot sad sawsosot coub ed in fhb Seearhy bstOatnsaat. as the phrase *cwu at and 88100m m'
is used in Sechon 9. N Borrower is obbpbd to pay Hemet hams dam, ptaso I w a wrfvar, sod
Boma WS -4 psy the somas doe for 0 Beauty 100. Laaod?r aoq eaaanriae its rigbes order Ssexba 9
and pay such atnooataft sod Borrower " dim be obiigamed tinder Seed= 9 to =M to Lriaw my such
somas LeDOV MW rdv b the WdVU IS a aedr err aII FserM• Ieeme at MW time by a notice =iwaa in
acoor I r : wifi Sealoa 15 auk upon each ravocadoa, Boraowau dwO paay to Trader aH Fords. sod in
soda so mute, that are then regained amdar this Secdan 3.
Imow =q, at say dose, cAm and bold Pmdt in an amount (a) suftient to permit I mWw Io apply
due buds at the brae specified mda RESPA, and (b) mt ID warmed fie saoouax a koda can
nasqaiw uodet RWA. I.eada:r shall eetiwsse the smeuat of Ftaetae doe on the basic of ea>a w data anal
rauoaeb3e edndaaea of aacpasadiUm of lupus Bscevw leearJR or°odmwlse in aart+daaooe with AVVHcablo
Law.
'the Foods shall be held in sera imthodoo whose depeeite as instated by a fodud ajency.
israatttaa paliahy, a aaatity (iaotsdiag Louder, if Laoda:r is m iasttlladon wlaoee In o'-- sN so kw aed) or in
UW Ptaasral Hoaoe La!trn Hank. Linda shall apply the Fantle to p y ft &cmw Items m balsr *aa the due
tpadrisd nndw RWA. Ltadet shill not dwp Baww for h ift and applying the Ftaods, soundly
to escrow scocant, at ve if*g the F.emw buss, lalteaa Lander PIP BOW" lea 111" oR the
Penh ad App]ic*k Law pc on0ip Irnda to mdse loch s dlafgt: Unlea an agabeMM is made io wt:ltia;
or Appdidble Uw sealuku inaar+est to be paid on the Prods, Le<adpc shed not be rsgaaire 4 to pay Borrovaaer
soy i - rest or auntop on ft Funds. Bob owes and Roder cif agree in w+ritm6, hovrow, that iateaurt
Wdnlk
.ecPA1'Dona V055 ftrs°a,• IAWT ID: 0000006734 iom 1101
19-176-SK-3430
07/02/2008 15:40 FAX 7172856422 AMERICAN HOME BANK
la 006
dM be paid on fire Panda. Lender dOU give to Bmoww, wkho% 4 to, an aumat aoooaoting of the
Ftmds as mgdW by RMA.
If these it. a mpho of Funds bald o escrow, as ddhmd° mdetr RESPA, I.eoder dmU awoW to
BozzO m fogy the mm !lmds in am=dmim wdh RESPA. If ftm ie a aismilt tfde of PW* hdd in arrow,
as deft W under RESPA, Leetdet call no ft Botmwet rtes teq*f d by RESPA. and Bonovrer tdwR pay to
X *Ww do amoamt n awwry to mdm rep the :b a p: in aomdmoe wi8< RWA, bnt in no mode theta 12
mad* payments. If there is -it delkimucy of Iimds Laid in eachow, as ds&W order RWA. Loader d wU
no ft Bommw m aqW M by RBSPA, and Boezom dmU peps to I.roder tiro aloe m aeoeffmy to mote
1A4 do deficiare3? in awmdmm with RF.SPA, bat as oo ,1, - r dw 12 monthly; p?meoas.
Upon payment in fitll of all a= aecmed by ibis Secaky , i,eodec dwU p mmptly refund
to Botmwet SOW Pm1de held by IM OK.
4. CiarM Liefsa. Baot+mw droll Pw all tomes, asaeaosean. dm pa. flues. and mpodfm
atodbtenbie eo tiro Property which am Own Fig* VVw this Statsity loatttsmaat, bumhom psymema or
AroOft! :trots ozt the Property. if my, and O m unity Amdadm Dm, Fns, and Ammumak N any. To
the eotteot brat the>;e item are Burma Item. Bon+ow droll PlY dram in the mama= provided in Section 3.
Dwoaerlthail pconipdy I! I ge any lien wLirb hat pd dty aver this Serr * =h=
Bono ww. (a) I'm in wdft to the payment of the oblip*m aeaued by the lien in a mama awspedtle
to Leoda, but -only so lo% a Borrower is 1 er1 oem11 mmh o$mom = (b) oodzsata the litre In rood filth
by, or dedmbmpmst too mmetat of the litre i% kp1 p mmdi o %tich m LamW* opW= %WW to
prsVmd the atfote 010 of the Nett whhe Ewe paocesdhtp m-pending. but mly me out p meedlap
a+e cm*id* or (e) $am= ft m the holder of the lim m ageeement y m Z,etlet anboedlnltdtig
the lien to tbit+Seatdty IaefaitmalL If lmft ditni es dnt say poet of tiro Propaty is aabject ib a lien,
v bioh can attain priority over thin &ardty idttttmeot. Ld>det aw thi Rom m a notice Ideoaft the
ilea. Wi ? rtdfi 10 days of the date m UU& that notice is givrm, Bo?maet" eddy the Lim or We we or
moo of the acdcm sa forth above in dhia Sad= 4.
Leader miry require BcerOwet to pay a 02e4me charge dbr a nd elute nest vadfime m aod/ar
sepvrtimf =vice vaod by I,eoder in 000406m W b lbws Loan.
S. Peogeaty Laetmoe. Boero m dmR I mW the kqwv? now eociathK or hetoeah r erected on
the Ptopeny iu I I I I WIM loos by ft haznda hzoladed wlfiln to teem "e m mded mvaage`" and my
other hnw& kwkd'pg, but not limted to, a &gadoro and Mee, Got wma Leader ngoi es imtnaow.
lbb iteateraop P duR be mtaimmd in die am= (ilael ft die levels) and for the pedom gat
Lend x eefialaet. What Lender tegtdm paewaa I to the pteoW1101 IBM= pre drape f11t the trim of
the Gm. 'Ile &uranoe canner VwWiog the mat==es= dwH bg dmm by Borraarar Mbjact 10 1 aarkr'3
d* w duffcm Barrov w's choice, wbmh dglrt tdtfrll not ' be etoad old ntneaaooably. header may
t"dre Bot o" to pay, in coame im with this Loan. lose: (a) a oaa- me dwpe for flood zaae
dmtmiomrion, mdficaaan and mc1mg swvi=g or (b) a 00-am dwp fot good zoos dmu famdoa
mod 1^61 1 on mvices and whesgoent durp s each dm remappop or dmaw dsogw omw which
mmouabiy mitt affect mxb del a *1an11 a or owd&zk n. Bttrzower dwA dw be nVonwltie fw rise
paymrat of espy fees imposed by the Fadaal Fme psq Mumpmmt Agency in cmacdan wish the
revim of soy food zone deteez domdm making from m objwtkn by Bonmm.
f WPAl aooe? V062
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rm. s or im LOMI ID: 0000006734 Pam 3o" 1101
( .17f 8PG39.31
9
07/02/2008 15:40 FAX 7172856422 AFRICAN ROF BANK @007
If Boaoaiec fags to naiataia =W of the eovamm deac:ibad &bum Under may obtain i?osad?oce
oovaape, at Landaus option and Bottowar's evgpmme. I•eader•is under so oblisWm to pumhm my
Pu*dw type of auto - of Caeta`e. Theredx% amh wvmp shall cava Lender. bat mijht or niisht
not pum Bor-,omr. Bammwees egdty in the Plupa W. or the oonfeata of tine Ptopstty, SSW= gay d*.
hexed or liabaitty mod MW P m ids PI W of lessef Caarttpe?ntan wms psadou* In ed bm Hoemaea
Odmmdoftu OW the Cost of tine ioattaae WMV ao dttdosd adpbt dpWomdy aemead the oat of
inwaoot that Iiotrover Could have obtained. Any anoamta de e1 11 1 d by Leader Valor Sh bed= S abed
bee0mse additional debt of Bo nowa atcmed by this Saaaity inetrdmeat. These amoltoet shall bar h-I 'I
K de Noes rear: *= the daft of didwomeot and shall be pqahle, with such iaatreat, %Wm notice km
1, e0 Bomar nee tird Payment.
by an >>?s, eh mdude a of apoliCka t?U be sabje?x w Lender's
0& to po
moetget aodtor as as additional tan stmdffd m0° chusk ad do ? Leader as
payee. Leader shalt base the 4Lt to haht the policies and :raevvat
renewal notions. 8 ? prOimPdJ Sim to l?r an mosipb cf paid pa?miume and
any Lotm of hwoooe oovntage, act othawiw fapbed by Lander.
fm damage to, or dettaodon of, the Plopetty, ach policy &. iahtde a ediodmtd mm p p dews and
shall m®e Leader as mottpPee and/or as aft addidte>fd loan pe4Ya?-
In the event of lose, Hottowrx ahdt mule p mw notice m ae hmamoe cmw ad Lender. Lander
may matoe Pmf of hm if not nude Ismmpdy by Ba:ower. Udaas Leader sod Boao ww ft" m #Sme
in . a r iasmaooe prooeeda, whether acDot the =detly?iodt =ar = wan sequined by Lender, dM
be applied to net0tstion or tpr of the ProWly, if fie tseotaebn or
Leader's SlCvdty b trot lea mW. Dm* lwb rep* sod eest0teeioa pW4 Le ??
bald such iasasnce pauoseds until Isader hat had sa opparmdU eD hapeot so* Prapmq w eaum+e the
wort has ban Coo0awd to leader's Ada% provided ffit such it?apeatlon dM be ua&nt men
tx'?OAy?- I.eatlletr mor{y disbanse pr0oeeda for the repairs Cod reesondo?n in a aittge P49?mt a iu a set9ea
leas papsleltts ae thz wedgy is oooeIIlaed. Uniaa as asoeeseet is made in wring or Applicsbie Law
tegoitss Merest fr< be paid m sack iasoraooa ptaoeeda, Lender ftu not be negmed to p y BotTam any
BonrCwsr shell psgd Sw l?k ' or other dM pa tft remained by OW of ** imi"M iu?ooade and sblltt be the sole obiitpatlo® of aoemwer. if
the reactafba or repair is not ecoaomicaft lead* or Leoder'sVoadty world be let md, ft hmaame
prooeeda dW be applied to the soma seclaad by ft Somtky laettaaoaot, wha&w or ut &a tine, with
the mm, if aW, PW m Boavwer. Sno* unmoor proceeds 64 be applied in ft oader p mvided for in
Secdom2.
1! 110avwa aI ' 1, a the Pmpaty, Leader may 5k, njoliett and setae aq avaldk is amoe
dim sod rdatsd ttra-a . If Boanwer don mt reaped w!30 din 10 a =dm fa= Lender tic &o
htaMMM Can3a hma ofdeted tD aede a dafm, rhea Lender MW nepodaat mad setde the doh L IU 30.*
padod wlll begin when the notice is givm. In either event. ar if Lender sopim the ProperW tmdar
Sedan 22 or aherwise, Bonvw humby? jm4p to L dw (g) a AS to t0 My lymW, cI
prooeeAn in wtimeant not to eoeoee 166 sofotmea utipdd under to Nose or this 3emft fast mums, mad
(b) my other 5f BorawYet$ dghts (odeer flan the debt to aW of and of mmmd prod= paid by
BoRna) mfr all bmanoe policies Covafatp the p oparty, i,a IN as s& Ron we applicable 0 the
00ve mpe of the Pmpmly. Lender mmy sae &C, t?aaoe pfooee&dfher tp top* of elm -0 the Property or
10 PW amotmts aupdd mdw the Note or thin Seem* , whether of not rhea bee.
CIA&V
ft4p'Al jD001e V069 ••°•'«„ LOAF ID: 0000006734 ""30M 1101
eKt-7'6 8.PG 3 3.2
07/02/2008 15:41 FAX 7172856422 AMERICAN ROME BANK
@ 008
6. OacmP=T. Borrower mhmll ocosp7, =Wbiieh, and use to Property as Bayer's pda*d
ruidenoe widda 60 days aft Me eo indoa of ads 9eonchy bteaamemr and smut oamrlmme so voce, do
Property as DOmYser's phdodpd raddence for at keel one year ader the dale of otherwise apms in wd ft, which oooeent Bail not be mznwm* °?°?'• umcd Leader
dratmet mew rods ? we beyond Boti+ gores aomanl. withheld, or onieas egg
7. Pkeemesatiaa, Maiihae¦et ad Hvleet" of the PtrtpNO bepeedm Boca mer saes dot
dreamy. 40=0 or b*mk dhe Property, Wow the Pcopeety to dmeriocme or commit wmmm an the
Property. Whedter or trot Borrowx is resift in 60 Phopemty,,HonOwer shell meinedn *a PmpwW in
order eo Pftvftg Ate PlOpedty from dse cktatiog or damming m vshm aide to ins coition. Wmis ti is
ddeca ind I - I p g to Sect or 5 tint rqm it or rweoratioet is art eco"omieally fes"e, Bot:owee t6a11
ply mpdr the Property if decoyed to avoid ibrlhet dtwdoumam or bag If bworsmoa or
oondermnedon psooeeds are paid in mmscdm wltla &m op 0. or the cd* otft PrnpRy, BOmwer
shall be regtooa'bie for replift or P 111 - of" 60 Pgopeety ody: if L ender Les tebe d p maeib for sods
l JMOM Leader =W di bum preoeeds fr the repairs sod talowt+on in a sio* plg?n on, e or io a seder of
ptosrees paymems ss &e Wit ill ooo>pieted. If 'he iestaa¦m or;a m -1 1 smmtion prooeade ere cot sefficient
to r+epeir err oaI the Ptope:sy, Bariower is mt relieved of Baftwer'e obis Wm fw the axostim of
suds repair or >«teeoe'ati on.
Lender or its s®mt may mdoe ra mdb main hpco ad h mpoc&u of the Ptopecty. If it his
reesob*k c0e, Larded My inspeet *0 bftdor of fts iW?b on ds Wapaty. Isader &a oft
Bo OWW htodee at the time of or prior in each an buldor imI , con epeoftft smk caner.
L Bm~s JAM Appffimg te. Borrower do be in4efte if, deft me 140 appubldon
peioceee, Borrower or any pea= or emidtim acting 'at the dpoc&m of Bwown or whet Bonumex
k wwp or oomemt pave tmleriwfy ddse, mieLeadiop, or iaaoc me iJOfomstation or wseom m m Lender
(or Wed to provide Leader with mum liskmmtioq) it. eomnectim wo the Lam. Mseend
IF, I eDW=- meads, but we not limned to. rqmmobtkm 6=gmiq Borrower's Ow%m ay of to
Property ae vmmvwees peiatipol mesideoos
9. Prnbe¢tlm stLemderts boeerat In the Pt4mly and RVO Umer tw seadff bd mewmL If
(a) Bonower us 10 Petforah d w ootwaamm add mgmm ma wmWned in dm Security Ise-, tun t, (b) &=
is a legal ptooo ft dst zj& dpfficmtty aoa Landers m- , r in the Properly sd/ar don under
dw 100 weed (toad a: a prom ft m book R*W, peitbsee, for coadeswMm or foe*MM for
amdat+oeN®emr a° a deer which may atemm priority over this Swu ft bw mmt or 10 salbroe lava of
me;oistioa), o- (c) Borrower bas abmdaaed the Property, deer Lemdet m y do and pay for whsb w is
m mmsbie a s11 moue to proled Lender's ietmW in tat; :Ptolemy and dSln under this Seohaity
Imumea, including pe+oacmg and/or mmoog the valoc of tlhC
may, and mann" andbr tepdrbog
the P"wiy. L,mdees actim can include, but are not limited to: (a) pi46 my mm wood by a lim
which ass priority over this Smutty Iastnm ent (b) sppeniag m carat; and (c) pgft mia mble
sum mm, fm 40 protect its ial f - in the Property and/or don nodes this Samity Imsrrameat, hd ding
its seared poei<ion in a bemin'gncy ptvoeedietg. Seaaims dro ;propegy imbldgs . but is not ]invited to,
ftft t6 me Psopetty t0 MU repairs, dmp low. tegm or broad up door and w6ldotts, drain water
from piper, cbmmso buldima or odher code Yloladene or dayerous aomdkkm% and bane taiima tenoned
an or of Able no Leadec may u ft melon under this Sedan 9, I?mader does not have s; do m0 sod is trot
udder any airy or obftm am to do so. It is aSteed dart Lander bwmrs no liability for not Moog any or all
aaram ad wdmd order said Section 9.
,
Oft4ltrat w" V076 ran a a ha q4&&
t=aro Soar '101
I?QAI+? ID: 0000006734
lKJ--76:8 PG*3 %?'3
07/02/2008 15:41 FAX 7172856422 AMERICAN ROME BANK
@009
AzW sma, -m diebaned by JAWw order this Secdon 9 dull b IF cm addhimd debt of Bonvwa
dscb< sommod by 1 and . '1Lera soo?m? shill beer keeeet at the rose tie from des dale of
PgAK whh such iaaeeest, upon notice ftom Looda to Borsowa req=ftg
Payukuc
lease. If Bmmm d9s S is 00 a 1wdwK Borrower don oompb? with an the paoviaiom of the
aogt bu tee We to de PMpetty, the kaaeboX and the fee tide dwB not nwr osleas
f stem to toe ateeter is arid,
It 11011"m hOMMO . If X.eOder lid a hOSInoe 29 a 00011 MM of sstdtio? the Loan.
Botmwer don pq the Pa?eaeltmeI tetpuined to *Ahab do ° Imttaanoe In shoe N, for any tea9o4
Prwimdy PWWU@d rah its>tmm ad Domw was ,?a1=12 taoiam the imeiuar that
requitedmaipe aepaattlaiy d99iPaerd
tantwd to pub ma for Mortpp toetaaooe, Bodoaei dog pay tide premiasa9 reg
Ca drad to obtain
WW wbaamti§Uy 0**VJ&M tD OW Maws Iosaeseoe peeviaG* in elfiCt, at a oat aWrpoddly
equivalme to the sort to Borrower of the hfa" ge Imaraoos p wviooety in dFut, tram an aiteo m
moell?m itssmer sdaled by Lender. If aobasami uy agvnvalm Mortgage homo a ooMet " is not
available, Ba mewa dadl condone to pay to Y.e+eder iLe amasmt of the sepaeaeety dedpeaed paymeon that
Tmv due alien the bwmmm covaape oeaed to be in efiba. Lender wM aoo is um ad return these
psymaats as a•aoo?dtod-"- Ices few" ;a lies of Morwv Ioaosanoe. Satoh bat serve "be
the fact that the Loan is mkimmly paid in OA aid Laadw dhdl wt be
reqnbmd to pap' Bonower my meant or estohW an snob bee tamervr. Lsddw can no 1wWw require loan
traave Papme°a if Maffrp Inmraooe coveye (in the amo w, and far the period Ant Lemim
provided by a•s ioat_sea sdeoted by Leodec apda beoomea annualise, is obhinad, std Lender
y d psytaerrDl totvatd lovir-
the peetmrsm9 Lor iMfost?ge<?susnoo. gLeHder tegasted Mastgge
baarmoe as a cooftm of and ft the Loan and Ba vmw watt Mgauretl tb ntdte
pgaaettDe tarvatad the pa+emiaso9 for Mortpp Imata¦tx, 101"m aver chill pq the powbu so
maw Mcapp woe in effect, oc to Provide a no _by bit: lose aeeetown a
n'0q??.?s x10? ?°'0e eon in w=dlllliiilillw '? a ???b9twean Bocmw?er am
Leader for so* aeemmatai in or unto law. No4ft in d&
Secdm 10 !Meats ftnea es obbow to pay iatt?.rmt at the rs?pstteided is the lase
Igoe ieiaebncaea Larder (or aoy oft tsnt;ptstdnaea the Note) for aectain baea it
Sonow does not repay the Lm M ajl=& Baaom is m a pa;y m the Mott"
Moatgyie "imot+tra evaltgMe tsfM told rink cat all aorh iawa:aax is f3otoe ftvm time ip time, and IDaY
sneer into agneamem with other pads that shone or nw&y them rink, or s+ednoe loaves. These
ate an frame and aoadiOigns slit aee smlllikemy b #a gin 1S - ge iiwr and the oiler patty? (a Portia) to
fb a fl o -a ?1 . Tlroae agteemeaea may t gdm the moue ?et+er to mi* palrm ?f nary sou=
of ft& a" as, tgare b n of many have awolabde ( Emy iaohsde theillb obta?oed from Mortsw
As a re ads of these ggneea mm Lauder, any P! ' of me Note, anss?er h m w. my rehma.
my atha 1, or my aflltia9e of tsar of tine Forego, MW tetsicve (dite0tly b?) amoantr that
derive from (or might be Cbsst odnd 99) a portion of BoIIO°Ntlr's pie?m m" for M Lp>rmoe, in
q[ehange for abating or modifying &a mm%w himm 's rnk, or ere mba losses. ff eo* egtpuoo OW
pwvidea the on affiliate of Lmda t*u a aha+e of rise bmum 's Zink ' eoebao?e for a char of the
ptmobm Pdd m *e' 1 er , the atraogestent is often waud'captiw fehna11t=L* Aul6a
(a) Atq tact spu mmt9 wS so affas do man & do ]Mrt+rtner has spud ft PW for
Mace Iass¦ mote, err mq a&w tteesaa of ** Lan. 8odt agveewmm vm art itsosssle tie ase0aett
lsoaivwMr w® sae lror MottBage lGsa?aeoe, astd wiR not eatilile Dotraraar b aray ilia stI
ft-WA"' V083
rd-W?
Pwsoflt LOAN ID: 0000006734 P4e"330se "0'
7164 PG 3.9
07/02/2008 15:42 FAX 7172856422 AMERICAN HOME BANS
Q 010
(b) Juw mach agnera 06 wN art al&d as riou Basarrawer lies - r Mw rev eeA is the
klier?ade Iaaseaaoe tmtkr lie Bt?eOwases Ptw?scdloa Ad of IM or uW odor law. Hear rlgW
asaJ hubde do rW to rsodve aKai. t>taoloaw+aa, dv IN W me IN trir aamasil dm of do
MWIPV Lweaac% to bew a tie MoftSe irwraaoe teeaaiMai amtsmmduftp a WVw dq sushe a
Iliaatprds Laaraaos p--i dot wws mumm d at d w dme eta* eamoalkdn or
serwholdow.
U. d 111rioe0aaasaa Pr+awoftMbaMeids+e. All W=dWOOMAoaeds ere herby
a red to se i&U be paid to I eager.
M &a A+oowiy is dmwpd, aoch Misodlameoas Proceeds " be applied to ressoration or repair of
Property, if the reNmdoa or repast is awaoui aNy ilk ad 1Lawlses seatolty is not learned.
Daft mach repair and retowadan pw?lod, LaWkr shall Lave the t& b hold sash Mieoeiksmaeus Aaoeeda
tmtil Loader has bad as op Mmmity 10 iespew each Pmpwty m mum dw woad has boas caqpIwd to
Id's sadiftedoa, peovlded true such inepee6 All loll be lmdettak m piv®pdy. Leader my Pay for do
repairs sad rewondm in a dvo Alit 11 w or in a series of pemoil est paposast r dw wade is
oompleced. Unless an Wasams made in wdit at Applicable Law resga?iynee itAadeat 1o be as loch
MiWOUMOM Pmoeeds. IP &a resoorEdom ropers is not eoomomiadly f l? ? 00%
be lima ned, *a MbcelLmeau Ptooae6 sold be WpUsd y would
whs&w a 109400 due, wi& ft as M if a w, paid to &Boati = So& Mlsoef aeoaa ho sleds doll b*
applied in the order provided Sor in $ectipn 2.
In the a at of a IoW tWft, 1,jor om, or loss in vskue of the Pmpwty, des IttbegU M
Proceeds shall be applied to rise aams sm=W by &is Seemiiy Iratmmeat, whether or not rhea doe, with
the eness. if arty, paid to Bocnower.
In the event of a taking, dauucdon, or I= in vsJw of die Property in which the tai, mtdaee
value of the Piopwty =Buddy b*M the yesdak aiang, destructlom, or ba in whew is epsl w or
greater dean the amours of dre terms Secured by dkbte Sscu ity rant sum ice, bofbre the partial
ttd&tg, aft=an, or lost in values, Mbw Bosaosra Md.Laoisr o&wwlae Was is wri:mg, dte Smoot
:retuned by d* SeooriW odnnaemI :Call be reduced by the amotmt of the Miaoethwams Prooeads
mahWkd by the f0lbw* tl NMI=: (a) the IOW MWO of der amps ==W im®adisaeiy bei0se the
deatmation, at loss in v*m divided by (b) dw &a maekset vain of the Property
ir?ifaare fiat j?? bet*oene the pwtisl t*ft. devencWn, at bas in value. AM bellow AMU be pdd to Bow.
o the assert of a Wrung, deeocuodiem, ar lass im vahw of &e Pmpmq is whko6 to Sh marloet
vabe of the Pawaty be(ote &e p udd t Wft, &Wn cdom, or bas in valor is freer than the
amotmt of tiro seta aeomied imoudirody iteI to the par" abler:, detnutim at lone in vabre, ostlers
BoEmww nd ].ruder O&ww w WIN In wrkb6. &a Mhodlowns ft, m reds Ad be appilad to &e am
recurred by ddsftwity b*WAeott whether or mot the amps ere then doe.
N the Pmpnty Is Aw doped by Borrower, or it tfier amtioe by Iradrr to Boaower toe dhe
Opposing Party (sa defined in der assts eetdleooe) *On to melee' an award to mob a claim for dsasagea,
Borrower fails 0 stood m Linder widtin 30 days Aw the date- dw notice is ghrm, Leader is am wbod
to collect and 4pOly da I iscaUamsooe pt0oeeda abbot ID MOM= or rope of der property or to the
or sot then dut. -Op WOE Ndy" moron th third pwW
that owes Bari?raer Mi bona
Pin meeh or do
regard t D 14badismmo Proceeds. party t whom Borxowar lays a rigbot of acdan in
Bcrmaer-:ball be in ddaak if spry at dw or psooeediog, sri AW civil err ccb". is begtm tier, in
Lewder s Judgm0s, o0dd reeds in >kni 1- mP of the Aapeet3? err o&er mow *drum of Lemder'a
inoereat In the Pmpwfy or t order dda Saaahy bufttm omt Boa+owa can ems sock a debit sod, if
aacelacAthm has oeaarod, munwe sa povided is Seedoa 19, by cavabs the action err psaoes ling to be
4 ft4KPA)1 MI) V090
Md..
Ps" 10-f is LOAM ID. 0000006734 Amm 301P 1101
RKt7fi8PG344
07/02/2008 18:42 FAX 7172856422 AMERICAN HOME BANK X011
disminped with a ornligg that, is Letrdd: judgment, PC"" I ienre of the p9upaty or aisr maMsad
imps®eo? of :[.ruder': iaoenst m the Property or nSbu ruder ft Socuft hotnum t.1Le p`uoeea of
any award or clams fur damages that me aaalbuerbie to the iaapsh m st of LeMa's isAesest iu the
are haeby mitpoed and dvA be paid to Leaaft. Y
AN Miecdleoeous Pa+abeds do we not appSed to rafto iom or rap & of the Panpnty Ad be
applied in the order proviM for is SKdm 2.
13. Nwmww Not itsimn* Fm#naraee By LaWkr Nat a WONW. &Mdon Of the time for
pIDmeat or modiSmAm of amoelisgion of the sums sbmsed by this Sacwhy Lsnumeat mad by I
to Bmmwcr or.aw Suwouar in larlrea of Borrom dull mot mi a me tD idesse ft &Qft of Dormwa
or any Sys in Inteteet of Bonrawrer. Imder shrill Ant be srt(oised to oomvenoe prvoentiogs avbK
mY Suooestor -in harmt of Burma or to mfine to eaasod. tame fair payment or aaherwise sanctify
amostia don oteft sums secured by this Security l2immmot by rineoa of any demrod wade by tiae ai&d
Boffower or a w Socoeeeoss in hteeaest of BOez+awQ. Any fosbessrmoe by Yoder m asry d&W or
retmdy iododin=, without lotion, Leoderb aooeptsooe off 3 Ones hones d" psssone, a -111 or
Sooowsota in burner of Boo V%m or in aasoents hms them the aaaaant them doe, shun not be a maivrr of or
predeate the eecwdo of my d* or mntedy.
13. Jobt and Several Iinh11y; C.adpeor Sabetaaeass said Ambu DMUL Boasvm oovramoes
and Man that Gmwwa s oblija = and liabMW d aU be jdne and mvemL Hamm, eery boa mw who
co-signs this Skmity I aemeot but doer not eooecuse the Nab (a "ao4dp w*): (a) is oadgdng dds
Socwity hrsareanwt aollr to mortgage, and eonv,ey the m4qWs ieltaeet in ft App __ under the
drama of We Seemit r (b) is not pasamIIy obliSd d11o pay the :omen seomsd thb Smmdty
msottmmt; and (c) agrees that I,emder sod MW weber BAn+tVWW;c= age to ealesrd, moft, 6, 1 mop or
mdoe aw aooosnmodattom with regard m the a mole of this So=* bo maeot or do Now whhoot rite
cadYmer's cwt.
mtbjeat to the poviskm of Sadden 18, soy Stiaoomm. in Ialeretat of Batsvwer who assumes
?11oa? wers d* sap"tom under this Nco ft ?em?t m w zkim ; and a appeaved by Leader, .1m.
sights and bmeAfs under this So m * tmis®tuL amowet AM sat be sdessed froavi
Bon'ovWs obLigstiom and liabiUty under this Sea> * bemsuoseat oaths Leudet opines b mach rtilaese m
ptidot. the covemmta ad :graem ma of this SO orby Em ae m ftU bind (eaocept a. provided in
Section 2M and bemaN the successors and snipe of Laft.
K Lent L'htll r& Lender nW a hwp Botmwer fees im- services peeommed in oosoeoriptq a?lth
Bmrowa 14af *, ft the purpose of pt+ulsctiet: Lender's iootesesI is 1110 hcp" mod dsla mart this
bW not
to m, aftoomp, fak promly iospeetrioo ad WW I= fees.
!bb to BOa+owee shad mt be 0ooarusd as a ¢ in this Y 1 b c bW a speciSc
fires that are eaapsen* ?o Umd by MB Sec L1113 nsatnmaon to r such ? IieOder age
If the Um is subieet to a kw *V& sets maimolm 100 elite es, and that law is B Uy inmpmd so
tbd alit ban= or other loam dvnes eofiomd or to be mUec*1 in cauneotian with the Loan mcmd the
p + ?: (a) anY m Ioau charge :1mi1 be :adaoa! by rib amount mmmay to reduce do
tdmp to the pammided limit; and (b) my smrs *c* mUsmd *= Borrower va" etoo"" pawiod
lmib wjR be ndimded to ftr war. I?mder may cbooee to =6 this retied by redElthlg tlee principal
owed under the Note or by m" a direct psymeot to Bomwar. if a rdlod redsoee principal, the
redL t 'drill be treat Od as a p?p? pc?p?rm at mm m " psepiyno w came (whether or not a
imP-t ? is pson?ided IC miler tFie Node). Boet+oaWees or aey such srrQ mate by
direct eo Bmro wr will consda to a waiver of my right cd mBoez mw aright bm wising out
15. Nodam All noticed given by Bosrower or Leader is -monecdm whh ends Seasdty humuomm
mast be in anidog. Any notice to Bmewer in Omusedon vim fills SwA ty hamorest doll be deemed m
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BFI 768P63931?
07/02/2008 15:43 FAX 7172856422 AMERICAN HOME BANS 9012
haves bees Biwa to Boervwer who marled by fast dais mail or vrbm saddly ddiveaad e0 Horroaroor'8
notice address if seat by odw mseos. Notion to aqy vane Dom me dmR amok me Hcdn w sit Hoetna+ n
aides: Appb'=Wic Law sgwm ly rsgtear+se alberwise. The notiat adtba dmU be the Pmvesty Addeeu
? L Danow has destpated a sabsd4aoe notice address by nodes to Lauder. Bempessr t? Pa'?y
ebaop of adldan1 H Leader spaelflu a proesdimm for>lupeedeg ampea men
d mge of addt+ess. doss Boemwar da only report a chino of I ohms dootlo that 4mamed PenoedM
Thm may be a* ace desigoased notice &Nhu uodet this Swmby ?sstmmsot at aw ass time. Any
nodes eo I,endsoc droll be given by ddiveti i< or by mo ft It by that clue msil as L4Hder's addow
stoned breia asks Lemderr has dedPoeted soodwr aakhees by Hobos lu Honoree. Any nodes in
Comnection with WS Seaadty bstrtemsot dW not be doomed w4mme bees Sh m eD Landw nmil acndly
ramdvaa by Imoder_ If say motive z 1 ph+e1 by this Seem* hm momc is ahao rsgubod unbc ApplhMe
La
w, the Applicable Law requbemmt will ndmfy the eonegmWing regaireurme ender this Seanrity
hwnmkmt
16. Gsaereiotg UM SSM*Wft; Ili of Camomdma. This Sacw y b wo mt dmB be
govmasd by federal law and the law of the jaiedic4om in which &D Property is k as & All d$ is and
obii?tiotoa oetafaioed in tbis Sactm*q? hommea set: Subject -b salty tagdmaomts and Hm of Anficdi
1 00 ilk MMAW or zd* be such Masts but spa abll a" r i ed ptdiaom? a ?? lby ? ?m
doe event dot stay provision ar chose of this Saamrity ImartmoesoI or dm; l" candies wish Applicable
L.avr, such eanAiet sbII not sect other :isms of this Sa?tity Iasi<tamms or the Nana whie>ti can be
given go= whtaaa ahe sou ieft pmvbiw
?
As used in this Sunny bwdw nt: (a) words of the aaMmUme sender A& mesa and haclaode
CKUMPoOft asoasr Wma or wards of the faa**n gender. (2) waa* in the do8ok !Mail mesa and
inebie the PhW and vice vales; ad (o) the word 'may' gin mde Mendon wkbm mW obHpdan to
ta>oa any wdom
17. Do++owet's Copy. Honouree dog be given alas copy of the Nave ad of this Soo¦dq baaemeas.
12. Tramrbr of floe Pks"fy or a Baeeedd bderm b-Bum m As need iQ this Soodam 18,
'Mmut in thelPenpeety' romans aq kpi a baW dd iala+asI in the Property, , but not limbd
to. d i m b e n e fi d a t amerms t o te d in a band f o r de4 cow f o r deed. iasAs>bosrt sake Contract or
aeoraw t?ynesmestt, doe intent of *%& b 6o kmdmof title by Benum m a tame deer so ap r mhulm
If sit ar say part of the essay basest in ft PmWWW is sold or traedenrsd (or if Dwamer
is not a nataamb person and a =a.1 1 1t in Honawer is sold or amdmre* whoa Lender's prior
v itten oomeeo. Lender mW raqWm iotmediaae psa?msmt in fdil. of an OM encased by this Seoraity
Isseearaee t. I' oven r, this option *A Hot be rmerclud by limodw if owh tnoerrI is prohrbited by
if Lender-enises this option, Leader shall give BCmowgr nodes of awdleratiom The notice shall
prrvlde a pedlad of not less than 30 days from fro dab the aaat9ee is rives in aocardtmoe whh Section 15
wwhich bnowmr nmst psi aII sesame awmid by this Seathy bettnmeet. N Honorer ibb to m
then sasses paiorto the ettpindan of !his period, Leader may bvnhe say remedies pamiteed by this
qty bettamseat widooa fadoer no" at demand on Na+owa•.
19. Honewees li of to 1Reboleft Aber Aoaleradaa. H Banown mats ceetsin oom iti ma.
Borrower eMal'hawe the right b hire aei, % memI of this Seca>* hmkmemt dbwoodaomed at any time
prior ab the em*K at (a) ftn days befte s* of the Properly I am say POW of sale campdned in
do Smaty Isst m at; (b) Suck adsr period as Appiiesbb Low nd* ape the tnbsdom of
Horac+ im s right tD rameta g or (c) entry of a jot4p= aft aft Us Smudgy bmeam aL 7b=
cooft ms are that Borrawas: (a) pays Lender alt an abide dw w*Wd be doe taatdK this Soar ty
hNUUMemt andNb NOW M H m aoabeatbn had oecmred; (b) camas eery dedfraalt Of SKY O&W 0101YOUNE a ar
QVPAa 11*1 V106
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LW ID: 0000006734
IN-4 7-6.8.,PG 3 93.7
15
07/02/2008 15:43 FAX 7172856422 AMERICAN HOME BANK
Q 013
; (C)'" all eqp?inrm" A in ft
to. mmawme , fizz, RR y aod vaY .but nolud
kWh= foek ad abor has laaaacreA ibt the
Puqxm of ptameft Ltiaws iaaereat in the Propsety sod :i&* uadar this 8Wm* Inamtrasaty and (d)
Salves sa h action o I.eoder my nmom miy rag** to am* flail Lashes iaaataat in do 1Ph"Ity Sad
d4b2d under this %miaty I*eot, and Boramner a $Agatimqu pay the sa>m< aacanad by this 9eaarlty
hNIUM ut, dUd cootime =whop& Ireadec may require flat Hoeaower pay auclk reakatat-----
14; and
maes in one or moue of the Hollowing famols, as aelecbd by Lsndae (a) cask- (b) ?mmey order; (c)
oerd&d daeclk, book dmk nu m+er's cbwk or casbim s, cbo , psovidd mW loch dock is dawn Wft
as in$t t n wbse ['IF' bs are immured by a federal agency, imMratassamij amby' or
Roads Transier• Up** lieioslabemaat by Bon e+r, this (d) ?eheeby
shall reaeain foully c m=trve as if no accel o m lad owned Howavrrr, thin M& 10 romtale Ad Wt
Apply in the case 0f aeedeanicn "Oder s- C A" 18.
X Ode of Nair, Chmp of Lop Sarvicom Nedoe of Gdom m Mm Nob or a patio htaeaat in
to Now (aogeom wilt dig Somi<y hummumo em be acid as or move thaw 19, 1 tt pbr =doe to
Docmwer. A $de might react in a change in the an* ftam ac do "Loco Setvl01 U) that ooilectt
Periodic Paymaab doe mWcr tie Nob and this Somby >aaaaaoet asst j ithems 0d' matt" loan
sag obiipd m =Aw ** Now, cis Saptdty lmmmut, and Applicable Law. 1btC dw mijbt be
am or mm dmem Serv of Loon Servkw =d1mad to a mak of the Nola. If thane is a champ of So Loan
new Loan onow tv?er, the a be dds wflum of the damp which will scary the mms said afters of the to which pRyn ode shood be made and any other Oa RE PA
0+4uizu in ooo¦e dm wft a motive of tta dor of setvid j. It db Nab it said md it I, the Lm is
serviced by a Loan Servic r other the par I , of the Nd% the moatgsp tom servi ft MIS, 11
ona
W Bmwo er will xanain Ift the Loma Savhw ot be t=snsierrs 11 so a saooaae0r 1A= Sesvicer and are not
ammted by the Mtoae pia:dmer Mess 0lhawiae pmvidd try the l;lob pnrbmer.
Nehber Batmer nor Leader may commence, join, a be j*ed W may jadioiat action (ss d dw on
indfvldual HdSeot a tie member of a doss) that aiaea f1m file otter patty's notions pacatoat to ddB
Seaaity Imtrummm 0r liar alisget gist emodm party has baaacbed ow pacovig n Oaf, or aqy dutyowad by
reas0rt of, 833 9 P 1 m k3 h - r I t, mpol attdh Bomvwer or Len* hue notaSNd So odor p W (v ft ankh
notice Siva m tompiimoe whh cite ? of Smdm M of suck allayed I , - r ad dbrded do
other patty heneeo a mmouabk P ,Sm the shdgg of aaeh notice to oha e0a+eah a Action. If
Applicabb Law pmvlda a time period which moat elapse 1 afte oataia action can be taloao, that tame
period wV1 be deemd to be reamasble for purposes of dds psragimph. 1be notice of mcd ation and
mop mommy to me Sim m Gomm plasaaat to Secdom 22 -'sad the notice of aoedctsdm Swear, to
BOtrorweuc p ems to Section 18 AA be deemed to satisfy the amdo ad owwrity m take corrective
ectian pa'rviaiaoa of dds Sectim 20.
2L Baaardm 8obatmm As wed his this Sbctim 21: (a) "Haaatdow Sabstmes" as those
Des ddh d as mt at hazm*= a tmem pollotom, cc wastes by Haviro®mrd Law ad tie
fralwaarg mrbeti om: jamliae, immomae, arbor A mmsbk or Ink petwbm patdmp m anode posdddaa
mad hecbickkk volatile aolvmm, ma udsh eomemb ag aabmw or°fbamalda6yd?, And =adioaaive lalral7ab;
(b) "1bmho mmad Uw• mom federal laws and laws of the. a whar0 the Ptvp wty b bossed the
nbft 10 hmmh "fay or eavitaMwwd Proocdaa; (c) " bdwn 01F r011101010
action, r 11- Q ? action, or removal active, as dstmd in Doom udt ? (d) an
Condition me+ms a eoodWan dw can cause, oouaprrbbe to, or odtetwlae taiggee sn Bnvy+mmatxal
CIMMqp-
4ft-mm 100°s Vll l tie• +s w ? e LOiAN ID : 0000006734 Fv M SM "0'
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07/02/2008 15:44 FAX 7172858422 AMERICAN HOME BANK Q014
Bonv WM not can or petm?*? theprem oe. ? ft*K 900
AFN a release of
S?absoeooes, or 11 ` - I ID felOW My Ii[rftous S>o 0ei, an at the am Knuim
? Worm a DYM else ID do. aq?fq? a?x p, r (s) due is ROPKW- in vwa*u Doiaa?oaae *0 me do.
Bazud%iq ? uasoes apt Coa?tion, ar (c) wbleh, doe to the pet:seaolR, ? 4w
two s tlp?t advumy Sam cbs value of ahe hosa
q?
ft NOW Of
IlaMdotte , t wr on :b
an the Prapeery of smell gmadds Pte of 1) be of IN . =* Nome of the Pmpetty Gmela f. but not Mud w. In oa v aio. to
01 Bornower ftH promptly She Leader v ftm nodcc of
? fib)'
_°rpaty kvdvkg the'?hwn&
anp?
Xdmm or ioc3"" but aot Umi"d towma W IP'Ift, lukk , dhohaeS?t b) my
--- cmdhics. eRY $szoegone Sltbslsaoe, and (c) aay dim pNrd h7 ? p ass ar release oaP a
b ?? or WmA Sam the Who at *0 Pr?eny. If Ho bms, or is notified
Y• or _ Prime pop ttlst mmovd or oAetr lamediadon
zr mad actions y's aeoea:??. Bon?o+r r amd] able nloe?y
In nowdom
r.eoder for an Ba hums wtdt ?virca0eeatal LAW. Notititt8 heiem c:eaae any obt pdm an
mUd N
22- AeodwamW -UNIFOIRM QOV E?• Borrower ad Loader mod aSns i taBm
?~ a, a.- I+e¦ari d" oft am= to lAnswwm to aeoeMEayea ?iealgj
of on mmawo
s'rkr 8sca i i !a m¦lesara?• I? ? b
QAm *=out '11- i
Darawa s t?itWM be MOMY
(??? do axtinw ease tis dish; (d
tit
-Cplgmm gat sad so 2 --rQ tr etaK fMe? ms a1? e+es¦It id
otHbm same "em a
by 1W
Mb md do at do Pk"". I.eadet rat! iabew last?oem ?[tlbe ie e+?iasfmle =?
dde at aeeeet is tine ibs+ee?osas?e .onsa? dw t+eawlslsteae of a debit mr mtty sow
ib opd m NW- q¦ha iwsilsle aai ibex +R d # is ad ON" s >??? Lsadec sR
w? lMarep• deaaad acrd atp ?liie 8easgr Lstw.eby{Lyii?cid??
simB rte erMllieal tbo aspect ail etepeases ieemrnd ? ft mtaotiros ?rioa ?
A Lmv.. Hood b, a!`aaefs' ilea mad aoMf a?tit~e a idn¦os b ?e eaiatt pe:mMled h!
23. and the eRd UP= p ynew of all sass! aerated by this Ste, >titttaaeeat. this $eoa* hmmm
coen?ayed diW ealbe sad beooeoe voed. After;wch ooCtaMSM Lendtr shall
sad soft V& secoft >aettamnac. Bower *0
p?? >aeooedrlea cons. LAW- lisei+alfar a else ricer a+elessitig this mmaW ®?. bas aely 71 a lee is paid to a third
rseiai+ed a¦d thA chmc8®S of the tee is peemitled noder AppliwtliaLanv. p?9 for seeviices
in B0 to "ae, 0o ? by AppiicaUia LM, maim sad "Iowa my error or
ft m for smY Ofof time, a Ption Bom attec7see; b??y and p
how pdw Z5. ihaiei. Ban~$ does to --J- is !satire 19 ahstl e®ead to one
?m. to cc? of WMQ it
s sb s sd& or o&w sre patsomot m this Ssem*
2L ft'dow May >MtaelBape. as0? of the debt s mOd this Seeotipr homteat b hat to
aogaiee tide loft pmpetty. W9 Sscm* ina¦msat 1be a plead m
aa$wW 27. ho*vd it&% Afjw Jw ftmML Bonovae: !Sues that the iiateeest rate paa+abls alley a is
valor the be N ,]Voce ar in an action of mj%W totedoesee !Mil be the aft payable from 6m to tfmoe
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07/02/2008 15:44 FAI 7172836422 AMERICAN ROME BANK la 013
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SOM h3BUOMOW and in Y BEDW1 Rider Md NPOIn 10 tie deems god c0apdud In ft
?7 «+ecftd by BonvW sod tomded Wft iL
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9K ? 7 b6PG 3 a
07/02/2008 15:45 FAX 7172856422 AMERICAN NONE BANK X016
CesiWwms of Redd ¦ce
4 TAI-Y HOUGErfoGI,gR
die 00rnct sddren 0f die wM*Hnsmd j.• MaICA?P- Rmm Lm, N .A. ?tlut
805 ESTELLE DRM- SUITE 101 PO BOB 4454, IANWM. PA 17604-4454
WhOW my hand dds 16th dsY Of AMMT 2002
rtj#? to
Apocat
COM T$ O PBTi OnVAMA, Ombw3and
rem w
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oarled ed that hdshs,/thry a cubd dw swft fur dw PWPOW hmm 0oonioed. 'N *TfNM MY , I heae®ooo sec my amid amd owl ad.
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07/02/2008 15:45 FAX 7172858422 AMERICAN ROME BANK Q017
Exhibk A
All the followmg described real estate big and bW g situate in Svath Wdalet.
ownahip, Cumberland county, penal hmis, mom
desen'bed as
folle?ws..
BEGINNING at a Post on the eastern dedicated right of way Mae of Petersburg
Road, SR 201 at the "Utlnwest coraer of "t 28 as draft on the abolre-desenN-
subdivision pu; thence by Lot 289 SON& 84 degrem 11 IuWIN 1 second East 167
feet to a point on the west?etem rkht of gray Mae of Flepume Drive, SA lbot wide right
of way; thesnee by the western right of way Use of F%gstoae Drive, South 5 dew
48 ninotes 99 seconds West 66.84 foot to a point oapthe iatwsectlon of the westere
?t of way? line of ? Drive with the aot'ther? right of wary Not of
Cobbleftne give, Wfeet wide right of way, thence' by said intersection by a curve
to the right bavlog a radius of 25 Peek an an disb nm of 363 feet to a point on dw
northern right of way line of CoMdegooc Drive; tht a by said tight of way hue,
South 89.sd,?gPVes 0 mha tes?.'12 seconds West 55.62 f? to a point, dmm ?
by said tight of way live, h a curve to the rigbt ham a radius of 175 11*4 as arc
distance of 19.92 feet to a point; thence confloWn by said right of way ling, South
84 degrees 28 minutes 32 seconds West 44.74 feet to a point at die imftvacdon of the
northern right of way lime of Cobblestone Drive with the emMe>w
way Mae of Petersburg Road; thence said dediedt of
having a radios of 25 by hO°' 69 a carve to the right
having a of ? an arc distance of 39A Ant to a point on the eastern
t way line of Petersburg Road; *saw by said dedicated
way line, Nor & 5 degrees 48 motes 59 seenads East 74.73 feet to a right of
dedicated rJ*t of w,ry lime, the point and place of beginning; l on said
BEING deaignated Lot 27 on plan of lots for CobiAmtone
'Sheet No. 2,
recorded in Cnmberland County, PA, Pbm Book 709 Pop 130A.
In Cumbcrland cutAy, !'A
•
OK-1 7 6 8Pf 3 9?.2 Recorder of Deeds
20
07/02/2008 15:31 FAX 7172858422 AMERICAN HOME BANK 9001
,. y
P)m] AUGUST 16, 2002
FNuhe.-- ? - gQ1I11f
NOTE
[Qa] CARLISU?l
P%Paq Aftw]
1 COBBLS8TONR DIN'S , CARI.1,11 .E, PA 17013
[fie] PA
1. BORRO"MIS PROM= TO PAY
In tenirn fora jam dut I bow reodved, I prawn to pay U.S. $ 1;? 7 , 920.00 (this amount is called "Principal"),
plus how=, to the order &the Leader. Mw Leader is AHMGAN HMM 13ANR, N.A.
I wM nuke & paymaots uWar this Note is the foam of cas>bi, check or money order.
I mtudaeetand that the I.eoder may' anal - this Now To Leadac or Wore who tabu this Note by uwsfw and who is
awded to reedy paynow under lids Now is called due "Note Holder."
2. IIVTSB68T
l?tereet wiH be obarged on unpaid principal until the fall amount of Prkncipol has been paid. I will pay interact at a yeady
rate of 6.875 %.
The i rate required by this Secdoa 2 b ft rata I wM pay bah bdore and after my defm* deetxFbed in 3wdorn 6(B)
Of this Note.
3. PAYMENTS
(A) T hft awl place d P"M ob
I will Pay prmcipsl awd i, s1- - t by making a payment every month.
I will mate my mouddy P4Ymmt on the 1st day of each month beginning on OCTOBER 01, 2002 . I will
msike thees payment ever;? momb undl I hmpaid aU of the pdodptii and b am and any other I ga described belowd= I
nary owe mderthis Note. Each m=thly payment wM be applied as of its-eebednked doe date dad will be applied to imtsst
bdbre Prhx*N. If, oin SEPTEKBER 01, 2032 , I still owe sn ou b.uadeu Ws Note, I wlll pay these smamb in h2 on
that data, which is called tree "Matti * Date."
I wM make my montddy payment at 805 ESTELLE DRIVE, SUITE 101 PO BOX 4454
LANCASTER, PA 17604-4454 of at a different ph oe if rtgaired by the Note Holder.
(B) Amerce of Moohiy Paysumb
My momMy pa mxw will be in dw amount of U.S. $ 84035
4. BOkiWWW't3 NdQW TO PKWAY
I bave the right m mWw yquouts of Priaapd at any tins before they we dos. A payment of Pik only is known w a
"Prepayment. - Whoa I mate a Prepsy=at, I will tail the Note Holder in'-writing that I am 6 ft so. 1 may wt dedp w a
payment w a Prepaymmt if I have not made all the monthly payments due w der die Note.
I may malke a fin Prepayment or pordal Ptepaymcnts without paying a, Prepayment charge. Mw Now Holder will = nV
hqaya m to redone. ttie amount of Principal that I owe under this Now Howow, die Now Holder may apply nay
Prepayment w the aoaved and unpaid i on de Prepayment amount, bdlm applying my Prepayment to reduce the
Primped amount of the Note. If I melee a pudd Prapgnmz, there will be-no cheoW in the due date or in tho amount of my
monthly payment valets the Note Holder agrees in writing to those chagn.
WATWATE RX® RATE N0r&8 m0s Fefty-Fermis Usso4okls wo UNIPORM 1MBTIIIIWW
4M tunnel Faea 5200 7101
vw MOIL GPA FORMS • 1800MI-Tai
lmw I of 3
IN1011
LOAN ID: 0000006734
21
07/02/2008 15:51 FAX 7172858422 AMERICAN HOME BANK 1a002
.4 . .
S. LOAN CHANUM
ff a law, which oppike to this Iona and which seta matdmwn loan , is madly iffIF I coed so Ott the iaser+est or-other
loan diarges collected or to be collected in connection wits dab loan esaowd -the pe imm,d lilts„ tats: (a) a w each loan dwpe
shall be ro&wW by the sancta necessary to redac - the a wyo to de pemad6i }unit; said (b) saw sums already eolteced, from
me NW& eweeded petnailte I limit will be rdboki m me. Mw Now Hofer may choose to nub this retilmd by redgicbg tier
Prin*d I owe War this Note or by md* a direct paymeaot w me. U a re*md t+edooet Principal, the redowdon will bs trout
as a partial Prepayment.
6. BOMOWRR'S FAMU M TO PAX AS
(A) Late CbwV for 0"t4na P"nu is
If the Note Holder has am received do fldl stouts of -wW mthly payment by the end of 15 (fifteen) cdaadat days
after the date it is due. I will pay a lame charge to the Note Holler. The amount of the dewge will be 5.000 96 of
my overdue payment of principal ad hoerest. I will pay this late charge prwoptly but cdy oasts on each lass payment.
(1) DWMk
If I do not pay the M amount of each moa ty payment on able dame ft is due, I will be in ditdt.
(C) No" of Debak
If I am in dafatttt, do Note Holder may send me a written nodw telling me that if I do not pay the ovetdtte smotmt by a
P lasin dame, rho Note Holder may require ma to pay itmtediassiy do fan atnouat of Pdndpat which has sot been peiild sad all
for itttateat vast I owe on 0M smonaL Me date mast be at Ivan 30 days afar the date on which do notice is waded to an or
ddiveM by o>ber masts.
P No Waaivar By Mob Rotder
Ewen if, at a boas vhan I am in defadt, the Noce Holder does not require me to pay imomediatdy is fail as dawn'bed
above, the Note Holder will SM have the ri& to do so U I an is ddmk at a low time.
(E) P"Esa¦t of Note Holder's Cods 09 Rqmomms
N the Note Holder has required me to pay immisdiately in roll as dawalmd above, die Note Holder whit issue alas d& to
be paid bads: by me for all of ks costs and expenses in odordng dds Now o> the extent not prohibited by applicable law. Than
eotpen$e0 include, fey eantapb, reasonable attorneys' fees.
7. GIVING OF NOTHM
Unless applicable law mgWm a different nnethod, any codes den must be gives to me under this Note will be given by
ddivrr * k or by mailing it by &K class mail to me at to Property Address above or at a d;Nffiaart address if I give the Nate
Holder a notice of ray diNenew addmos.
Any n0dw that most be given to the Note Holder under this Now wi:d be given by ddiverbog it or by mdit it by fat
elm mail to the Note Holder at the address stated in Swdan 3(A) above a- at a di ffio, 1 addalrs if I an given a notice of vise
diiieut address.
g. OKJGATWM OF :PMWNS UNDID TM NOTE
If move tam one person aigns dds Note, asch parson is t* and penootlly obtigand m laeep all of der prnim made in
this Nose, Wading the pmmise to pay the loll amount owed. Any parson who is a gusraaeor, st> ay or endorser of this Note is
also obligawd to do shear f'6i p. Airy person who taloes ova daces obligNi w including the aW*wfi 0s of a ffiaiaraosoar, -wrery
or endorser of dtia Nate, :is also obligated m beet' all of alas promises made in this Note. The NOW Hddw may enforce its d#ft
uWw this Note agar sera peraoa i?fividaally or against alt of m toter. This mesas that aa? one of ns met' be required m
pay all of dta amounts owed under this Note.
9. WAIVBBS
I sad any odw pown who bat obligations under dais Nobs waive ;rho rW a of Presee:tw= and Notice of Dvho=.
"Pnaeenneot" means the f*9 10 require the Note Ho14er-10 detshsod payment of amotm. due. "Notice of Disborw* masts the
right to regime me NOWHolder to give notice to other parsons that amwnu: doe have got been paid.
Foam atop 1/01
-eat OWN P"s s of 2 rrsM.,
IRAN ID: 00004
22
07/02/2008 13:32 FAX. 7172868422 AMERICAN ROME BANK
10. UNWOMSAMSM NOTE
This Now is a tmftm hwmamm with limited vmimiaos in same j oat. In addbbn to the ps oos men to the
Note Holder uWar tbb Naas, a Morq*% Deed of Taut, or Security Deed '(dr "Severity Instavmast"), dated the same date as
this Nate, protean the Note Bolder fom possible los vrbM mipltt m dtlif 140 not kelp the pwmim which I maim in this.
Note. Tba Seoo:ity b& meat dewd- q bow sod uodet what condidoos I mqy be mgait+ed to =mine immsdisme payment in fidi
of all an, r I mm ttnderd ds Now Some of tbome ooad dow as deeaa'b -w follows:
If all or mW pert of the PropW or mW Interest in the Property is sold err trmttsfarr 1(err if Borrower is
trot a mmd peaaaa and a bme&W interest in Borrower is sold or tsmndlxnQ vvltboat Lender's prior written
aonseat, Leader may mgaim mmedimtt: payment m full of all smelt seemed by t6it SWAd1y bOO MOL
Howmar, this option shall not be eawdad by Lender if strob =0 Kdw is p mWbbed by App kAb Law.
If Lender eyerdises this option, I.aoder d mil give Borrower notice of maaeiertttioa. The nodoe shall
pcovlds a pstiod of not I= tbm 30 days Amp the date dwe notice is Oven in aooordmee with Section 15
within which Bovower mm pay all snort seamed by ibis Sea ky'lmumsat. If Bonwm Ws to pay dwe
s plot to the agpiradm ' of this period, Leader may finvke : arty renotdies permitted by this Seatrlty
butrameat without Mr d s r notice or dammed on Danower.
WP1'NBSS'I'IIB KAND(S) AND SEAL(S) OF THE UNDERSIGNED.
-wor
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.ttcmo?vat -Fono.war
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23
!Sign Opi8bW 0i?1
Helm am 1101
LOAN ID: 0000006734
OT/02/2008 15:45 FAX 7172858422 AMERICAN HOME BANK @017
Eft A
All the fohowng deserebed real estate lying „d leg si twe in South Middletm
Township, Cumberland County, Ptae WW"is, Mort pa &Wartr- deserebed ss
folbws:
BEGINNING at a point on the ento dodkated rtkt of way One of Pdamboog
Road, 5R 2091 at the soaMwmet corner of Lot 28 wahown oa fie
sabdivisloa Pbm ; theaoe by Lot 289 South 84 degreat 11 ref 1 xooad East 167
JIM to a point on the westem right of way one of me Drive, riot wide riot
of wwo* twee by the western right of way lift of Flap tone Drive, Sea& 5 de a
48 E&RW 99 seconds West 66,84 fcet to a point earthe kbrncdm of the wester
right of way Um of Flagstone Drive with the amorrtbai rkbt of way line of
Cobblpa w Drive, 50 foot wide jWd of way; tbsaoe by said Ia4 wnL- m by a carve
to the right Maviog a radios of 25 feet, an are di oum of 363 feet to a point on die
northern VW of way live of Cobbletione DitYe; tike by said rkk of way Hoe,
Sotto 89 dgpva 0 mhMu 12 weoudt West SSAb2 feet to it pohtt; dwm comdea e
by said rig* of wain line, by a carve to the rj* having a rsdifs of 175 464 an am
distance of 18.92 feet to a pohM dente comanwog by said right of way Sm 8mt>!
84 dqp m 28 mi nu is 32 seconds West 44.74 feet to f point at dw k tsecdon of lie
northern d0t of way line of Cobbkatose Drive wilk the r%k at
way line of Tetorsbarg Road; dwee by said urn a, by a came to the right
kmvimg a radios of 25 feet, an an dbtmm of 39A -foot to a point on the eastern
wNort6 5 way tine of Pe m6arg Road; tbaum by said dedicated right of
deVves 48 ainates 59 seoon& Fate 74.73 feet to a point on said
dedi¢" riot of very Hoe, the pmt mad piste of begnni.g,
BFJ NG mated Lot 27 on pisa of lots for Cobbbstone E$Wcs, Sheet No. 2,
recorded In Cumberland Coanty, PA, Pisa Book 70, Doge 130A.
'i rct4 i fy th i z tc) I r:'.` o- 1
In Cumbalanu C'c,,-,i, y PA
11.1 76 8n 3 94.2
4. Recardtr of Deeds
24 EXHIBIT
?? 6
I
AMERICAN
HOME BANKN.A.
We help build your future.,-"
June 2, 2008
STEVE A KAUFFMAN
1 COBBLESTONE DR
CARLISLE PA 17013
ACT 91 NOTICE:
TAKE ACTION TO SA,VE
YOUR HOME FROM
FORECLOSURE
25
EXHIBIT
hn 11
3840 Fl moland Road /American Wav Coroorate Center i Nlnmtville PA 17554 Phrxw 717 )H=_f" r-- a771RA V K_AWR
This is an official notice that the mortgage of voer home is in default and the
lender intends to foreclose. Suecific information about the nature of the default is
provided in the attached page
THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM (HEMAP) may be able to help to save your home This Notice explains
how the pLogram works.
To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE.
Take this Notice with you when you meet with the Counseling_A encv
The name, address-and Rhone number of Consumer Credit Counseling Agencies
serving your comvanv are listed at the end of this Notice If you have any questions you
may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.
(Persons with imvaired hearing can call (717) 780-1869.)
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain
it. You may also want to contact an attorney in your area. The local bar association may
be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IiM PORTANCIA,
PUES AFFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO
COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA
TRADUCCION RvMIEDITAMENTE LLAMANDO ESTA AGEI\CIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS A?.. NUMERO
MENCIONADO ARRIBA. PUEDES SER ELIGIBLE PARA UN PRESTAi\IO POR
EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA
PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): Steve Kauffman
PROPERTY ADDRESS: 1 Cobblestone Drive
Carlisle PA 17013
LOAN ACCOUNT NO# 6734
26
ORIGINAL LENDER:
CURRENT LENDER/
SERVICER:
AMERICAN HOME BANK. NA
3840 HEMPLAND ROAD
MOUNTVILLE PA 17554
AMERICAN HOME BANK. NA
3 840 HEMPLAND RD
MOUNTVILLE PA 17554
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH
CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU
MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEONER'S
EMERGENCY MORTGAGE ASSITANCE ACT OF 1983 (THE `FACT"), 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
ESTABLASHED BY THE PENNSYLVANIA HOUSING FINANCE
AGENCY.
TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a
temporary stay of foreclosure on your mortgage for thirty (30) days from the date of
this Notice. During that time you must arrange and attend a "face-to-face" with one
of the consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS IF
YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE
YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF
THIS NOTICE CALLED "HOW TO CURE YOUR -N10RTGAGE DEFAULT"
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
27
CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the
consumer credit counseling agencies listed at the end of this notice, the Lender may
NOT take action against you for thirty (30) days after the date of this meeting. The
names, addresses and the telephone numbers of designated consumer credit
counseling agencies for the county in which the pro?erty is located are set forth at the
end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise
your lender immediately of your intentions.
APPLICTION FOR MORTGAGE ASSISTANCE-Your mortgage is in
default for the reason set forth later in this Notice (see following pages for specific
information about the nature of your default.) If you have tried and are unable to
resolve this problem with the lender, you have the right 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 Mortgage Assistance
Program Application with one of the designated consumer credit counseling agencies
listed at the end of this Notice. Only consumer credit counseling agencies have
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 (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO
DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET
FORTH IN THIS LETTER, FORECLOSURE NL4,Y PROCEED AGAINST
YOUR HOME IM IEDIATELY, AND YOUR APPLICATION FOR
MORTAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION-Available funds for the emergency mortgage assistance
are very limited. They will be disbursed by the Agency under the eligibility criteria
established by the Act. The Pennsylvania Housing Finance Agency has sixty (60)
days to make a decision after it receives your application. During that time, no
foreclosure proceedings will be pursued against you if you have met the time
requirements set forth above. You will be notified directly by the Pennsylvania
Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A
PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS
FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AN ATTEMPT TO COLLECT THE DEBT. (If you have filed
bankruptcy you can still apply for Emergency Mortgage Assistance.)
28
HOW TO CURE YOUR MORTGAGE DEFAULT (bring it up to date).
NATURE OF THE DEFAULT-The MORTGAGE debt held by the abovL- lender
on your property located at: I Cobblestone Drive, Carlisle PA 17013, (the "Mortgaged
Property") IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the ,
April 01, 2008, May 01, 2008, and June 01, 2008 payments and the following
amounts are now past due: You have failed to make the monthly ?ayments of
$1054.98, constituting principal, interest and escrow, which is due or, the first (1st)
day of each month thereafter. The total of the monthly payments now past due is
$3,164.94.
TOTAL AMOUNT PAST DUE INCLUDING LATE FEES: $3,291.00.
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY
(30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST
DUE TO THE LENDER, WHICH IS $3,291.00, PLUS ANY MORTGAGE
PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE
THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's
check, certified check or money order made payable and sent to:
American Home Bank, NA
Attn: Rich Hornick
3840 Hempland Road
Mountville PA 175-54
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default
within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise
its rights to accelerate the mortgage debt. This means that the entire outstanding
balance of this debt will be considered due immediately, and you may lose the chance
to pay the mortgage in monthly installments. If full payment of the total amount past
due is not made within THIRTY (30) DAYS, the lender also intends to instinct its
attorneys to start legal action to foreclose upon your Mortgaged Propertv.
IF THE MORTGAGE IS FORECLOSED UPON - The Mortgaged P_ope-rty
will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case
to its attorneys, but you cure the delinquency before the lender begins legal
proceedings have begun, you still have the right to cure the default and prevent the
sale at any time up to one hour before the Sheriff's Sale. Yo:l may do so bYpaying
the total amount then east due plus any late or other charges then due reasonable
29
attorney's fees and costs connected with the foreclosure sale and any other costs
connected with the Sheriff's 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 the Sheriff's Sale of the Mortgaged Property could be held would be
approximately two (2) months from the date of this Notice. A notice of the actual
date of the Sheriff's Sale will be sent to you before the sEle. Of course, the amoant
needed to cure the default will increase the longer you wait. You may find out ac any
time exactly what the required payment or action will be contacting your lender.
HOW TO CONTACT THE LENDER:
Name of Lender: American Home Bank, NA
Address: 3840 Hempland Road
Mountville PA 17554
Phone Number: 1-800-974-1634 x 6619
Fax Number: 717-285-6422
Contact Person: Rich Hornick
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 Mortgaged Property after the Sheriff's Sale, a lawsuit to remove you and your
furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTAGE-You may _X_ 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 DEDBT OR TO BORROW MONEY FROM ANOTHER
LENDING INST=ION TO PAY OF THIS DEBT
30
? TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTrIG
ON YOUR BEHALF
o TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS
IF NO DEFAULT HAS 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 NONEXSISTENCE OF A DEFAULT IN ANY
FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT
INSTITUTED UNDER THE MORTGAGE DOCUMENTS
? TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY I-LkVE
TO SUCH ACTION BY THE LENDER
? TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW
31
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34
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF LANCASTER
)SS:
RICH HORNICK, being duly sworn according to law, deposes and says that he is an Officer
of American Home Bank, N.A., and that he is authorized to make this Affidavit on its behalf, that
the facts set forth in the foregoing Action in Mortgage Foreclosure are true and correct to the best of
his knowledge, information and belief.
RICH H RNICK
Sworn and subscribed to before me this it- day of '2008.
PENNSYLVANIA
SEAL
, NOTAW PUBUC
ANCASTER COUNTY
11
IRES APRIL B, 20
505i:1
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN HOME BANK, N.A.
Plaintiff
vs.
STEVE A. KAUFFMAN
Defendant
? 0RUML
: No. J 00e -0449c2-
Action 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 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 OR PROPERTY OR OTHER
RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
T mas . Klingensmith
Attorney for Plaintiff
I.D. #23239
+?,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN HOME BANK, N.A.
Plaintiff
VS.
STEVE A. KAUFFMAN
Defendant
ORIGINAL
xo ooa-ovaaa
Action in Mortgage
Foreclosure
AMENDED COMPLAINT
1. Plaintiff, American Home Bank, N.A., is a national banking association organized and
existing under the laws of the United States of America having its principle office located at 805
Estelle Drive, Suite 101, Lancaster, Pennsylvania, 17601.
2. Defendant, Steve A. Kauffman, is an adult individual whose last known address is 1
Cobblestone Drive, Carlisle, Pennsylvania, 17013.
3. This action is based upon certain mortgage dated August 12, 2002, which mortgage was
executed by the Defendant in favor of American Home Bank, N.A., and recorded in the office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, in Mortgage Book No. 1768,
Page 3926. Attached Exhibit "A" incorporated and by reference is copy of said Mortgage and Note.
4. The Defendant is not in the military service of the United States of America or any of its
allies.
5. The premises subject to said mortgage is located at 1 Cobblestone Drive, Carlisle,
Pennsylvania, 17013. The premises is more fully described as follows: Attached Exhibit "B"
incorporated and herein by reference.
6. The said mortgage is in default and subject to foreclosure because the Defendant has
failed to pay when due, since April of 2008 and currently the total delinquent amount is $4,388.00
plus late charges, accruing costs, interest and attorney fees.
7. In accordance with the terms and conditions of the Note and Mortgage the whole
principal debt secured thereby has become due and payable and recoverable immediately together
with all interest due thereon with reasonable attorney fees and costs of suit and escrows, if any.
'.' '„?$ ?,V?
y.,
8. The amount due on said mortgage as of July 1, 2008, is computed as follows:
A. Principal Balance - $119,095.65
B. Delinquent Interest - 2,781.62
C. Late Charges - 168.08
D. 5% Attorney Fees - 6,102.27
Total Costs Due - $128,147.62
9. The requirements of Act 6 of 1974 and the requirements of Act 91 of 1983 have been
fulfilled and attached herein is Exhibit "C" incorporated herein by reference.
WHEREFORE, the Plaintiff demands judgment in rem in the sum of $128,147.62, together
with all costs, interests, escrows, late charges, reasonable attorney fees and escrows, if any, and for
the foreclosure and sale of this premises.
GINGRICH, SMITH, KLINGENSMITH & DOLAN
By:
45 East Orange Street
Lancaster, PA 17602
(717)393-3684
I.D. #23239
07/02/2008 15:88 FAX 7172856422
AMERICAN HOME BANK
Sa; %Lo
Prepared By:TE1W HOL1GEWMLER
Parcel Numober: 40-24-0758-218
x'-°ERT A. ZIIEGLER
R1---CORDER OF DEEDS
WISERLAND COUNTY-PA,
'02 RUG 19 PIS 3 03
RetumTa: AKWCAN HOME BMOC, N.A.
805 ESTELU DRM, SUITE 3.01
PO WM 4454
1ANCASTER, PA 17604-4454
Abm M& UN leer Rowmft Dial
?Iso MORTGAGE
DEFftil't'IONS
Words Und in tuuhipk actions of this do== are det3md bdow and other woroa Ke ddhad in
Seedw 3, 11, 13, 18, 20 and 21. Curtain rWa re,I Jiog dts trap of wozh used in this doc®ed ace
also p wAded hi Secdan 16.
(A) "Seca ty lei" means this docaraeat. w]kb is load AUGUST 16, 2002 ,
to8aher with a:1 Riders m this doctor.
09) "13wm*vt" is STEVE A RAUFTMN, Adult Individual
Bormaer is the m' is 18ac ttnda this Scomitp hMnm3mr-
(C) "Leader"' is AKWCAN HOME BANK, N.A.
Lem is a NAI,TIONAIL ASSOCIATION
PENPAMVAN * - Sills Family - Fags WA@ffw ft Nk c URN VW N6TRU 1 Fwm 3059 1101
4ft4QtPAIvwn V027 LOAN ID: 0000006734 A 1z P•a•'wwat 14 -,A?Y%
r MORTGNU Fa o -1a06162t'T 7=1 141. OU 768PG39?6
1.1 EXHIBIT
"i , "
07/02/2008 13:38 FAX 7172836422 AMERICAN HOME BANK @002
orgied and edstan8 under the laws of UNITED STATES OF ,AKO CA
Itaft 's addres is 805 ESTELM DRIVE, SUITE 101 PO WX 4454
LANCASTER, PA 17604-4454
Lander is the rttortgagee Under this Sanity Int.
(D) "Note" means the promaseoey now sued by Baamwer and dared AUGUST 16, 2002
TJw Now s awdm Borrower owes Leader
ONE HUNDRED TWENTY-SEVEN TSOUSARD PINE HUNDRED TWEM AND NO/100 DoOm
(U.S. S 127,920.00 ) phu icmer+esc. Horrnwer be I v, t, eel to pay this debt in rgpLv Pokidie
Paynwets and to pay the debt in f A not low dean SEPTEKSM ' Ol , 2032
(9) "Prepecty" mean the pa gaty [het is descnibod below wader the head'mg "Treader of Rigbn in the
"
(PJf??/?"IM •
. =" aoeaas the debt a W=x d by tlta Note, Plus ,-ate jeepgymgmt cdwses and late dwM
dot [Under the Mole, and 0 anms doe unRkt this Seem* Iasaameat, phis iaaerest.
(G) "Sides" mesas all Rides to rids Secaity Inatrtmtaot due ate eomonted by Rorrowe r. The Mmiog
Riden are ID be maefted by Bonoaer [check boot as applic 0q:
R Addle Rase Rider Coadanda rem Rider 0 Seooad Home Side:
Balloon Rider Plamed Unit Devdopmers Rider Q 1-4 Pamliy Rider
El VA Rider Biwaddy Payma t Rids Other(s) [gmcitA Bit "A•
M "AppKedb Law" meatus sU aootinftS applicable fedaml, dde and local statutes, rrgnbtions,
ordinmes and,admMsbati ve ndes and order (dot hxve the dba of lea) a well as ari applicable final,
QD "Cow ma ty Amodatim Ow4, Rees, wad Amemmmba means all does, fines, and odor
charges den we imposed an Bam war or the Pmpaty by a ooudamWm nwdad m. homeowners
moci:fon or situ Orgmdzmim
(3) "Ebwbvme: Imeda 7raadW mean my transfer of fumb, other dm a tmumaian odgWalod by
Bhe X draft, or dmtO papa[ iOaQCtmant. which fs iaidaad dmm& an elearonk term, rdephouic
bmarcaneat, eoog "wr, or mapnaic tripe so as to order, 3 maxt, at mmbDdw a fteneW indtodoa w debit
or cmdk an acmam Such term includes, but is not limited to, pomt-0f-sade 1, 1-11 s, ava meed teUet
machine ftmactiom, transfers ittit and by tde~phwe, wise; trs sim, and mooed dm{ u*boun
transfers.
($? "Rwmw Iaeeaa" meaa9 ftwe ham that are dercrs'bed in Section 3.
Q+) "11aaedi eon I Pcoceeda" nmm any eompmsanam, a1s1 m1, award of damages, or proceeds paid
by any 9*d prstiy (afro [Lan fnw aoce pmoeeds paid nudes ftcovr deoeribed in Session 5) kc C>J
dmmp to, or-deahucdan of, the hope, (ii) aoodemsdan or other >eft of 0 or my pmt of dte
PmQaV; (di) mwmyamoe in lien of wnda*ion; or (2) mi4rgm+eaCstatwas 4 or minim as m, the
value sa0%r ocmftm of the Property.
go "mar"es ra mane" mm unarm prntectigg Leader agar rice noupaymmt cc or defter 00,
the Lom
00 "Puafadic T ayn aa" n e the segnlady schs&ded amoaot tin for (0 p *K*d and i» Hader the
Note, plea (fi) my amotmta under Section 3 of this Seam* Iaentmleat.
4ft4atPAl taoom V034
hidw IA
p'''set1e W"' ID: 0000006734 Fwm3M 1101
OK. 1-.7 6:8-PG 3.9:2;
07/02/2008 15:39 FAX 7172856422 AMERICAN HOME BANK Q003
(t) "BBSRA" metos the Real Bsteme Sculeareot Prvoedtrres Act (12 U.S.C. Section 2601 at seq.) sad its
imp?emmrfoog r gulaotan, Regulation X (24 C.P.R. Part SM. m they mdght be amemM ftm dim to
time, or any addifica l or soccemr leptlmon or repo ion diet dam the same mbject mow. As teed
is this Securitylmtrame is, "Rises. PA" refers to all regtrimmea, aad remlrictioos that are immed in icgad
to a whderaHy !domed morl;eW loan even N the Loan dm m. guft as a "fiduaDy Mated moths
loam' ands RBSPA.
(P) "bmmoss w,fa of Borrower" meaar any party that has tdlma title to the Property, Wbethec or
not that patty h!sa assumed Bomwees obHgatiaas xmider the NotaimWor this Security .
TRANSFER OF RIGIM IN THE PROPERTY
11tis Security bisortm>eat'eceaes m bade:: (?t the mpgn mt of the Load, amid aR rmewari, esrceaeioeps and
modi8caftm ct the Now and r(9) the perfo nave of Borrower's eon and axteemeats ander this
Security hhstia peat and the Now. Far this pmpa P, Borrower dam hmft n artg>cge, S m and eonW to
I eadec the fiodiewz g dmc rRmd property locaaad m the COMM t'4ve et ymbd ool
of CMMEAI/SQD 04M pf DOCgldt 7edS&dM :
SEE ATTAMM LEGAL DESCRIPTION
which azmady has the adder of
I. COBBLESTOPR DRIVE
CARLISLE
("Phvperty Adores"):
tsftWq
1ckb3, Fentsylvamiia 17013 (Zip cc"
TOGS AML WrM SH the improvements aow or hemallet eaected an the property, mad all
eatEoma, appuranmx=, amid 11 now or hereaBer a part of the property. All rapiaoememrs and
addreiam dW1- also be covued by dos Semrhty Iastr®ear. Ad of the Fly ig - b* is refaoned to in da
Secusky hmment as the "Property."
4WOPIAl poooo V041 r p? a a,s IAW1 ID 000000734 FWM 3038 Vol
8K I.7-6.8PG 3 8
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BORROWER COVENANTS dhat Barraaeer is lawfitlly sased of dw estase hereby conveyed sod has
die right to maatgage, grant and convoy the Property and that the Property is meoconibaed, wAV for
encvntraixu of record. Bontower watraaw and will defend t3Wu1, the dde to the Pmputy againt all
chains and demands. s t6ject to any axxm*mmm of record.
THIS SEW[1RPTY INSTRUMENT comtbbm tmitosm covems for mu mad » se amd non4mifocm
eovanmm>ts with, limited variatiams by jurisdiction to eomstiaate a xmiiorm security insnrmeat eovaiag real
property
UNIFORM COVENANTS. Bano er and I.cadee eovensut wad agree as follows:
1. Phymm at of Pk*AdPm% bdered 8acrow lftmss Pr+geayme:s?t ammem, sad Lade am4ps.
Bonuwcr shall-pay when due the pdoci* of, and inanom on. :the debt evidenced by the Note and any
prePayoaemr chaff and IM dm6m dae ttoder Me Now sou"K don 00 pay foods fw Pact+ow Aeon
pursuant to Section 3. Payments doe ceder der Note and foie Sicurity laash?ent shah be made in U.S.
c m mcy. Bowwer, if any check or other insmunaut read eed by°Leader as payment under the Now or this
Securby Imsttnsoazat is reonraed so Lauder unpaid, L.elodcar may require that my or all sdmogomt pgmems
due miler the Note and /Luis Security Imdtumesat be made In tae or ttanst: of the SA*Wing forms, as
selected by Leodsr: (a) cash; (b) mmay order, (c) cmuf6d check boat dhe* w assures & ehs* or
cashier's check, provided say such check is dcaan upon an i nitmiom whose deposits are itttaaed by a
federal apawy, instrumentality, or snotty , or (4) Hecummic Funds Trand r.
Paymem -we deectsed. received by L:eatdar when waived arrthe location desiSumod in the Now or at
such other loaaem as may be dedgomed by I.eodar in aoooadanoa: whh the nodce provi:loos in Section 15.
I.eaOer may re a any payment or Perm payment if the payment or Partial payments are mmfficimt m
bring the L mi carnal. I.,ealdet may accept any payment Of Pmt pa4Yment b b&S the Loan
c{3nma, without waiver of my rigbts hermuder or prejudice to its dgbaa to tetnee such payment or Per"
payments in the fans m. but Irdtder is not obligated to apply such payments at the t®e such payments we
accepted. If each Perim fir, Pgmau is applied as of its whe&&W dw dame, then Lender need sort Pay
» on tmspplied funds. I.eoder may hold such ttoopplied fug until Bohm mdn payment to bring
the IASa cun+ea,t. If Borrower does not do so within a reasonable•period of time, I.e»der shell a3ther apply
such finds or reCam them to 8ormwer. H not applied earlier, such Triads will be applied to the =9101dittg
pdndipal balance under the Ware immediaoely prier m Amedom& No off m or claim which Borrower
uUM have now or m the fame against Lender shall above Beiower from mining payments due varier
the Nate and thus Semity Monument or; I rg the covenatmt and agrmum -ensued by this Somity
Inst un mt.
2. ApQBsatim of Payments or Prrhoeeds. Except as a0mrwise dented in this Section 2, all
payments accepted and applied by Leader shall be applied is Ibb folbwiag order of priority: (a) iamerest
due under the wooer (b) principal due water the Note; (c) ,-ounce due under Section 3. Such pqn mrs
shall be applied to each Periodic Payment is the order in wbiela. it became due. Any 7e'mkbg mwueaa
shall be applied first to I= ate, second to army other amounts due under this Security Insmmma and
than so toduce tqe principal bdainoe of the Nom
ff Leader receives a payment frnrm Borrower for a delimqueet Periodic Payment which bclodm a
sufficim autoamt to pay any lace dwrge doe, the paymmgoet maq? be applied to the ddWquent pq=m sod
ft Laos charge. If mutes than ems Ptilodic Payment is 11 S. Leader may apply any ra=ivea
ham Borrower to the repayment of tthe Periodic Paymems ff. =1 to the eaOaaat that, each r 10 -eat can be
-WA) 0=11 V048 roe. oar l e LOIATi' ID : 0000006734 Farm 3= 1101
Di' 1: 76-- 8*PG3'9;-9
07/02/2008 15:39 FAX 7172850422 AMERICAN HOME BANS 9005
paid in fill. Tonle armor that any eaocess exists giber thm petymm is applied w the foll payment of one or
morn Peaodie IUtymtw, such e mess may be applied iD any lane obei ges due. Voluntary p+eF m3 mmts abudl
be applied firms 7D any prepigmmt dnqa ad they as deacdbed hL tits NOW
Any apphim ism of paymsmo iasaamoe proceeds. or Nboehlt umus Proceeds SO priaapal dtte vader
the Nae ahtthl not emsend or postpoao the due dice. or d mp the amOttut, of the Pwodic Pary+mmts.
3. Pa m& lbe Boarsw Ilente. Bommm shall pay to Leach- on *a day Periodic Payments at due
tender the Nose, utH the None is paid in M. a ante (ffie "Funds") to provide for payment of amouon due
for. (a) taxes and and other home which can attain pd3odW over this Security Iaaonmsew as a
lien or 1 1 ca >bsaooe an the property; (b) leasehold payments or ?mv amts an the Property, if and , (c)
premiums for emy and all hou nu a required by I.euder under: Section 5; and (d) Mor4e Immaaoe
per, if any, or any swam parable by BMTOW r ID LeeoBer In Hen of the paymeur Of Morwv
Ima aaee prttmittats in aecDr+damoe with the provisions of SoW m 10. 'These items we called *BKmw
I =Lw At aci*atim or at atoy time t the ttmn of the Lost. Ltader may rogt&v that Communmy
Association Dues, Fees, ad Aremoatnrts, ff nay, be eaavwed by bonower, and such dam fees and
be an Escrow hmn. Bomower A& prompdy famish to I.eader all notices of amounts so
be paid under title Secdom. Borrower shall pay Ireoder the Ptm b IN Escrow I"= Unless Fender vraiaes
Bonvwces oblipdon iD pay fits Fm& for say or all Emu , hams. Leader may waive Ba m er's
obiigadw to pey to Leader Funds for airy or A Etc mw hem at, any time. AM such waiver may omly be
in writing. In *e evaK of such waives, Bomvwer shall pay dhvcdy, w6mt and wbm pyd*k the amamb
duo liar aty Etc ww bets for v &h otPcmds has ban waivved by Leada• aid, it Leader retinboes,
dm w L.eoder tsoeipts evidencing such pagmeet with -W& liras period as Ir?tder my require.
Bonvoer's obi gation to mains such payments and to provide reodpte shalt for all purposes be deemed to
be a eovenmi and azbbed is this Seemly Ittetctraoeat. ma the phrase "covumaar and agneemeac•
is used is Sect-on 9. hf Borrower is oblipted io psy Eacrvw helm direcdy, pUrsoant sD a waiver, and
Borruyw &Rs -A pry there amount due for an 1?acww Mau. La dir mapr emcm As rights under Sec don 9
and pay such amours and Bonvwer shall rhea be obligamed under Section 9 to ram to I,eader my such
amotmtt. LettdG mayy revahoe the waive as m a W Or all Ewww Item at mW dw by a notice Sivm is
aceordaooe wide Section 15 and, apart such ravoCsdM Da mu" aball laY fo Leader aR Funds, amd in
such m3otmts, that are rhea regaa+ed Im3er this Secdm 3.
Imder way, at mW &w, collect and bold FuWs in an amoaat (a) to pemoh I?nda ve apply
the Pads at to bale apoci&d under BESPA, and (b) not m eameed due wvd mma amoumt a lender can
require under RWA. Fender shall estaoame the mom of Farris due an the basis of censor data and
reasonable of acpeaditum of future Es:vw lum ar:admdise is accordance with Apglicable
Law.
The Funk shall be held in an kukadon whose dope d% are hxttred by a federal q me y.
i, measslim or entity rmc n ft Dander, if I? is an insdtudon whose deposits we so ioscaed) or in
any RedeW Blue Loan BadL Ltsder shall apply the Paads m pay the Eacxow Ibeam m lalx rhea tfte time
specified under RBSPA. Leader shall not cbxe Bormnter for holding and apphyimg the FumJ& amnw lY
m* =& the csc mw account. or vaifM the Escrow hems, Uttm Leader Ms Bm"w imtxes100 do
Funds and ApF•licable law peimb Irader to mdm such a chargt:. Unless an apoemem is made in vatgtinp
or Applicable Law requires imp to be paid an fire Funds. I.ertder shall not be regtnro I to pay Borrower
say is mom or eats an the Pumb. Bon %nm and Ieoder are asree in writing. however', that iflpereac
e7 Ail
ft"A1 Mm V055 ei°'sd,s Law ID: 0000006734 f0"" mm 110-1
3
BK.j. 7-6,8K 31
07/02/2008 15:40 FAIL 7172856422 AMERICAN ROME BANK
im 006
shall be paid om the Ptmds. Leader droll Sive to Bomwert, w0att charge, an munal accounting of the
Funds as nxptb eel by RffiPA.
If thous i:. a smpho of Farads held in escmw, as defism° undo RESPA. Lender shall aocdmt In
Bomawer for the emcess funds in accordance with RESPA. If ftn n a dtortage of Pands held in coww,
as de cad under RESPA, I.eadee dmU noddy Bon om as regokW by RBSPA. ad Borrower droll pay to
Lamder dale *nvA t necessary to malm up the shmtep in aeeovdwe wig RESPA, but in no mote dm 12
monly payments. If these is.a deficiency of Farads bald in escrow, as defined under RESPA. Leader thall
notify Bonvwer as required by RESPA. and Borrower dmll par .to I.eadec the atiaocaa I necessary m msloe
up the dcficicwy in aecardaom with RE WA, bat in no,cane Om 12 m ulbly paymmm.
Upon paymm in fill of all sums seamed by tits Secmity lasonreawc, Leader amll pmmpdy rdrmd
Ito Bormwer swf Funds held by Leader.
4. Clam jM Liens. Botrowarr shall p W A tom, was msearrs. charges. fixes, and mtpod* ms
amdbrotable to t+he Pmpeety witch can attain priority over ibis Seamy Itobtraoaetx. lemeboM pgmems or
groaad reds art die Property. if any, and Community Amodaaim. Dow, Fees, and Asxmmsts, if atty. To
the admt that these items are Emma Imams, Bommu d U pay dorm in the moaner pwvi&d in Section 3.
Borroaar-" promptly d'esc3 ge any lien which has priority aaa this Security Iosa?eat coins
Borrvwec: (a) in wdit W the paymemt of the oblipadm Sao med by do lien in a msaaer aeegambk
to Leader, but only to long as Borrower is peetorn ing such agramum (b) canon the lien in good fd h
by, or de&ods>aga®st ema6os+ameat of the lion in, l%d praeeedbW which in Lender's opmaion operatic 10
prevent the i I onoement of the lien Witt those I are dhtgs we -pang, but only and such p mcoodlxp
we concluded; or (c) sec owes faiom the holder of the lien im agiea?omr SA bctory to Leader auto
the lien to this -Security Instr m eat. if Leader ddembm that nary part of dw Plapaty is subject to a vat
which can am& priority over 9* Soon" Iast?oeatI I, way glove Bommva+er a notice idendfj?iag the
Bosun. Wibm 14 days of the dtxe on which dw notice is given, Borrower 4A satisfy the lira or talon ace or
mare of the aa#ans set forth above in this Section 4.
T may mqutre Bosrowa to pay a on"zoe elmcge -for a rest emw tax vecificadon =&or
rVmlimig savior wed by Deader is OOOMW640 Wi & Obis LWOL
S. Pt agaaty bournaace. Borrower smH beep the kqzoverovan now extaft or here afoaat exerted on
the Property inea W agaim[ loss by fim hazards included whhia the leant `ea unded comage.' and nay
other hazards iocludiog, but not lies M to, std floods, for vthich Leads regmrrs Insurance.
'Ibis inammom, shall be mahniaed in die amoooss (including dedoctbk levels) and for the peoods that
T ImpimL What header T m q ' es puns= to &O preoea5ncg seamences con Chmp during the on of
the Loam. The?actraaoe catriRr pr+oviadbttg the: dmH be chosen by Borrower subject to Lender's
right to diapprove Borrower's choice, which right droll M :be exercised tmroase mWy. Leader may
requim Borrower to pay, m connection with this Loan. ehbet- (a) a err "am charge for flood none
dawn, certification and trac- services; or (b) a onetime eberge ffar flood zone desernmizwdm
and c an smvieea and mgxmgaemt aeh time rarappiogs or :irxs?a a3tamges occur Mhich
rereomMy might affect such doom mmon or eectifica im Nnower deli also be =Voaafle for the
payment of ally fees impomod by the Federal Eme rpncy Management Agency to connection wide the
rtvww of my flood some Mmmum itm readting fiam as objection by Bornower.
4W"t 00" V062
waam-w,
aoooso:le LQArf ID: 0000006734 Faeaa Vol
UK .176 8PG 39.3.1
9
07/02/2008 15:40 FAX 7172850422 AMERICAN HOPE BANS Q007
If Bonowia fags m maintain any of the coverages dowdlred above, Leader may Ater, bwatace:
eavcmge, at Tender's option and Borrawer's a ipen, p Leoder'is tinder no obligation to pu schase any
paticulaer type Or an- ,1, of eoveal,e. 'Dose, such coverage shoo paver Treader, bee milt or might
not protect Borrower. Bonvwe es equity in the Ptopetty, or the Consents of fie Property, aVbK any risk,
hazmd or lnbBity ad ns& provide pMw or lesser coverage!tlmn arm prewbady in effim Bogmver
adbxmb*a that the coat of Ate insurswe cover p 30 obtained neigh[ fitly ee wd the c* of
iusunoee fiat B=over could have obtained. Any amounts diebom ed by Leader trader tlds Section I "
befna?e additiwW debt of Bonower aocmrd by this Secimify buslnament. These amounts shall bear htterat
sat ft Note rat- ham the daft of disbtt ument and shall be payafib, with so& i m upon notice *om.
Lender to psyrnent.
All Insurance policies requited by I.eader and ret wds of retch policies shall be mbjw m bender's
tagbt to dimppww am& policies, died inch dC a standard 1, - IS 8e clause, and shall now Ider as
warp Bet mdAor as sir additional ]acts payee. I.mder dwU have the r& to bold the polices and rewwal
c m -LgUdW tl
reaearal nodw. If Borrower o% wigs any foam of ioaaaooe coverage, not renvi of paid and
for damge m. Or desnncdM of, the Pmpertp, such policy * include, standard morop by Lender,
anadd
shall name Irmeieer as nmg; ee amdler as an additiond loss paq w;.
Ia the eves of toes, Roamer ,ball give prompt notice two eht hnstuenoe cancer and Lender. I.eadet
may malm proof of loss if not made p mngidy by Dwol w Unku Trader and Boe[tl0wer oduawise agree
in wrung, attyy insuraooe proceeds, bedta or not do uaderift, ioumasioe vw re, I I I by I xoder, "
be applied to restoration or repair of the Property, if the ress radon or repair is economakany feasible and
header's Mxnkty is not lessened. Do&g such repair and ,1 i m,t+lion period, Lender chat] bavr; the: dj* v)
hold such insmmooe pmocee4s Until header has had an mpg art®?y to httpecc such Pmpetty to mm, the
work has been completed to Leader's won, provided Ara such inveCtion ahaa be wlertaken
PgoulAy p, my disbum ptnoeeds for the repairs ad newtstion in a single 1Mymew or in a soda
of P paYwwn as the work is compSaed. Ualas an agremseac is made in wdtiag or ApplkW* Law
requim i iterest W be paid an such msmamoe proceeds, p, abdl net be required to pay BOrrmw any
iuDe?eEt or euninpa an sari ;, - , - Ed, Fees for pablic adjmaars, or other third parcdtk retained by
Rmomw sba ,v t be paid out of fie imsut»e proceeds sod that] be the sole obligation of Bonmanet. If
the restoration or repair is not aomomlically feasible or L+endeesuceaity would be Ieumed, to lmmmm
proceeds shall tie applied to the sums soared by this Security bstrument, whether or not Ater due, with
the Cori,, if auy, paid tic Borrvwrr. Such iacvtamce proceeds dM be applied in ft order provided for in
5ectioa 2.
If Bonita abmxk ms the Property, Leader may file, negotabe and ,tide may available iasnmsroe
cairn and related mama:. If Donvwer does not respond within °30 ds" to a notice: *M leader than &G
htsurenot carrier has offered to seele a claimk then Irader may repfm and settle the dWm. The 30-day
period will bed when Ate notice is given. Tn either event, or if Treader to Property Under
Section 22 or ofiawise, Bormaer hereby MSMIPS 11D Irmder (a) Bonvwees rights to xW hum* =
proceeds in an-amount not to exceed the amsonm. ugxdd under die Note at tits Saw ft hwiment, and
(b) any odw 3f Boarrni es rights (odwr titan Ate right to nay rrfiod of umewned peaenaiams paid by
Bomwer) unft all hurance policies coveft the Properly, iuasotar at spch right: ate applicable to Are
crnaage of the Piugaty. Ireadet may we &a insm'ence p wcoeds tithe to mptir or y e mat Ale hopem or
to pay aomemms mvdd under the Now or ibis Seati ty b strusneas, wbober or not then due.
C,AU
??al goose V069 ?P a 1Q IM ID 734 Fonn'089 1101
7 6 S.PG3.1w
07/02/2008 15:41 FAX 7172856422 AMERICAN HOME BANK
@008
6. O=RPMU- Boavwer " Oceap', extabhiaia, Sad vme to Property as Bo m ee. peiulprt
nude nce wi&k 60 days after the ctscu w Of this Semmky Iastrnmenr sod shall Boar Imke m Oozy the
Property as Borrower's priualpd residence far at le m ace yeQ after the dde of omgwg y, unless i
ad=% se Won in writing, which emumat shall not be ummtwed* witbbedd, or d. ea&mgbng
dratn>etMM eadat Whitt are beyond Botrowres cower
7. PrasswMmtramee aatd IM " I c6on at tie PrOply; b gwcdons. Bmvwer *d dot
&MUY. damage or impair the Property, dhow the Propmly to ,t * , agile or caamok waste on the
Property. Whether or oat Bwower im remidntg in due Propesty,.Dwower doll msimk the PmpwW in
-4er 10 preiviera the Ptnperty from dWadatedog at ih value due m ins 0ondsian. Unlaa his
ddmmooed to Section 5 lust repair or rwssora" is act eaoonmically feasible, Boavwa &a
Pr'OBWdY nor rite Property if dmwpd to avoid I dr I deft tation or dpmoge. ff iosoraaoe err
aovdesmla im psooeeds are paid ht aannecdan with dame w, or the raft O't dta Pioww' BoVOW
shall be traponmWe for repakft of restoring the ftopM only if Lender has relemed proceeds for sock
purpam I.eoder may disbmme proceeds for the repairs sod resoosation in a sink pq mmt or in, a series of
1?8 PaYmem as rite war is oompietaL If the iaamme ac-aoodermsaon proceeds are not Sufficim
to repair or rraoore: the Pmpcrty, Borrower is not relieved of Bft*w Wa oblipartim far the oooopled0a of
such repair or vemoradm
I.eoder Or its agent may mate reasonable e maim npan and kmpecaim of to Property. if it ham
readomme cam, I.endes mt<y bmpect the imokpawr Of ft i mgr F l eats 0a tit Propem. Lraader sbdl give
B o a v w e r notice x t h e time o f ar p r i o r m inch anhtmeaior I m l - ploo spadfyigg such reasonable Canso.
s. Batrivnies l A t AppEcaftc Bonv Ner dwH be in,: desanlt if, doting the Loan appacadon
Proms, BanDaw Or eery Peasoan or esmtes acting at the ditacbm of Banvww or wi& Bonvwe:r's
hmowledge or w meat Save matey false, tame dbl& or idaoaname ilonm dou or xmEtuQgnm to I.ende r
(or failed to provide Leader wbh material Wmudw) it. oooaeaion with the Imo. Maul
tepee-coos, includde, but are not iin i0ed to, repruxe?stians 6aneea» ng Borrower's ocwpmcy of tike
Property as Borrower's paiacipd residence
9. Prckcdms of Lvm&e6 hfeaes?es I Y the Pt+opaty dmd h6 %bb Under tW seoority hwftm nL if
(a) Bummer feats to pearforae tbe: eoveanu and agroerooeats easalaiaed in dds Samuity Io I - , , et, (b) there
is a legal pmomeft that raW dgaUlcady as= I,ea4der's irmerest in the Property and/or rights tinder
this Seakrity htstimnoemt (such as a peace a ft in banlontpocy, poftme, far madeamedm or Lorfdtoue:, ft
e vimeme w err' a lien, vAAA may attain priority over this Soxmity ho ttmag or to a nfome laws or
repli ism), o- (c) Bonmm ham dwdowd the Property, rhea I?eadet my do and pay for Wbabever is
reasonable or dpprvpdare to protect Leader's interest in tike :Prop" and dgbm under this Secaaity
Imatru"Ka, including I tecsuag and/or dm sdag the vaboe of the Propo ty, and searting and/or repaift
the Pwpwty. larder's actions sea i wbb, but am not firm to: (a) po tg any sums sawed by a lien
wrbich has p*xhy Over this Smrhy Lnmtrm=4 (b) Mpeaing m coot, dad (e) paying re+asormbie
man mepl f m 4o protect it's inset v in the Property and/or dSlw outer this Security hnftm mt, kdui 'uqg
its second poddm in a bmlavpay proewft. Seauaog the --;Property iodndes, but is not limbed m,
aomedttg the Paopesty to t aft nVelts, change Iota, replace or howd up doarm add wbdows, drain wain
fimn pipes, diomate bmldmS or Other code vb1a mm at dtmrgwrm 0andWoos, and hm utilities awed
an or off. Aldmglb IRader may talon acdan under this Section 9, Leader does not have to do so and is not
under aw duty or abusatian to do do. It is agreed that Lender it wn no HdAiTy for not idda any or all
echoers mdharimd mde:r this secdm 9.
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Any amounts didtursed by Leodar miler this Section 9 alien became additional debt of Boatvwer
secured by this Security 11 1 - Mum amounts dWl bear inset it the Nate rate fi+nm dw due of
ftbursemem; and shall be payable, ash such ' isersat, upon notice from LeWw to Borrower rogwetting
Payment.
ff ibis Seauity IastYn>ment is on a laftehold, Borroww null comply with all the provisiaos of the
lease. ff Borrower acquires pee title to the Property, the haseboX and the fee title " not mrsge ashes
Lender agrees t0 the ?Otetrer in writhw.
10. lYjsrtpp bieoWSooe. If Leader reagtited Mattga0e Insurance as a coeMon of mob g the Loan,
Borruwar shell pay the prs?moea agWmd w mtnmtadn die if hmrmm in eQbct. If, for a w reason,
tine Mortgage Take coverage in 111sd by Leader crises to be nowme firm the maot-gagts inwaer that
PAY pwwided etch insaaunce and Borrower was real dwd-o manna: separately Pg'lows
towwd the Irw it - for Mortgage Itemaooe, Borrower Ad. pay *0 premiatons nquited fto obtain
ooVWW 81*6bltially egtnval= to the Moragage >nsarsnoe praviowly in effect, at a oat atstawany
equivaleat to the cost to Borroww of the Mortgage Ir>mraoos ptevioudy in effect, from = abowane
WI Tgtge msUser selected by Leader. ff substamaislly egniubw MortVp Inatraooe coverage is not
avan7soW , Bosxrrarr shall coat;arie m pay to Lender Hie smotmt of the separately d Wxtod paymsats tux
Tim due elate the irteoraaae0 eoverge ceased m be fn effect. Eakder whlt wogx, tae gad retain these
paymem as a-nonrxsfimdahle loss reserve in him of MoxtV honanee. Such lass reserve shell be
non-9ne[im 1 11 notwdi ditg the fax diu ttre Doan is uItImmly paid in fitll, and I.atder s>1sII not be
required to pay Borrower amy iraeaeat or eznbgs an such loss rumve. Lends can no, lunges xegWw lees
reserve Payments ff Mortgage woe coverage (in dte antam.sad for thse parW that I,eswder requires)
provided MR battrer SebXabd by I.cadec agda becomes availaw is obnhted, sod I Wolin IXI
separaoely desIxwW psymeots coward the prettmwms for M tfgW h owance. ff Lender Made
im once as a couditim of making the Loan gad Bocrowwtr was nquired to stale vgmaldy deai?amed
paymem to?va d die pxr c for Moaigage h maoce. Borrow diall pay doe psembmrs
rized
m
a?biaau Maypge ?aoce = effect, or to provide a nonmfimdabIe loos txaerve, L SOWS
foe Mortgage hworamoe eak iaa aceosdaooe wMt aetprwApea agtsetaet>. behi Bonover and
Cantles pmvidasg for such termioadon or uoffi sum hwion is iagaire 1 by Appl c*k Lary. Nodtbg in ibis
Section 10 soN Horr vver's obligadw to pay rest at the rdegosa vI* d in the Nose.
uat?oe r hobrases Leader (or any entiy that;Pmtbnw the Note) for aa? knees it
my lncw?- if Bormwe r does not repay the Loam as agreed. Bonnets is not a pasty m the Mortgage
Mortgage in, it+ ss evahuame their total risk ea A swh msurwcc is force from time to time, and may
inter faro whth other pwdea tut where or n odify their risk, or x - I - - losses. Threat agmemem
are, an tams and eoodhkm that we salsbwoW w the ti -1 t%- ae atu>'r and fhte odker party (or Pasties) to
these . These sogxaemeao may nxpk+e the mortgage inmes to Mae p I m F ram trsrng my source
of f? mortgage im it - may have atvaNge (which may fachAe funds obtained from Moragage
Iastnanee P=3i tms).
As a leak of these weemmts, Lender, any pwchow of to Nate. atnodax inure, guy rrainaner,
;my other entity, or airy affilistse of wW of the fog , am4Y receive (directly or i9ditsc2ly) ataooms that
derive finer (or mWx be cdmacatived as) a portion of 9oavwwes payments for Mo 11 , in
eu>>aatge for sharing or mwdifymg the morgW insmsr'a risk, or redwing Iowa . If awch a?oettt
provides tut on affiliate of Deader takes a share of that insurees risk in a sbase of the
paid o01he fnsorer, the mtaoogemew is often ft mud respthve lemsounoe.r Fwmtr.
(a) Any Hoch agrremeots wE rat affect lie auaonets 60 Don war hats agreed to pry for
)sas'rowa: ?Afo?e I?rooe, nand tLey ? wadMle Dax+owettb0 nay r+elrrsdtlMe a?oowrt
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(b) Any catch agreetsask wM riot alma The r1oft Barrawer ho - Y mq - wish aresltect to the
Moette btsasauft packs the HosaeOwme PrsoKdao Act a[ 1994 or uW o&w law. lfwe rights
saaY WIN& do right to raodve eestads d piosa+ea, to rsq¦se and obtatht asiadWau d do
Morton Lsw'ance, to have the Is in 9, Iitsaraooe II now-led asAasasfka?, ardor to rewire a
sa7gt?s Laara¦oe prea1 a that were inumomd d the time of sari aooeHa M or
U. An4manst ofbbfwoe S Ptocedr, Foe?+e. All ldiwenaoeoas F?oaeeds we Lathy
to andi" be If else property is dumaged, such Miaodiam ocis Proceeds &WE be applied to remmarioo or repair of
the Property, if the naomasien or repair is econondco ly fan ffik and I.eoder'a security is not lea ewd.
Dtuigg such repair and r+eat 1 r loon period, Ireoder duH have tine 0& to hold arich 1600011210ews Praeees<h
timed Ieader has had an opportunity to imapect sack Property m amstire the wort he boon completed to
Leader's sa bbetke provided that sneh kalmedw shell be wadettalaen pronoy, lewder may pay fat the:
repairs and re nation In a db>? dlibmmemeos at in a series of p paymesa as dte work is
oompleoed. ilmiees an a9mareem made in writiooK or AppLpibk law requbu ittsaea1 m do be }raid on wit
A isceftwoos Proceads. Ilmder Than mot be required to pay Floreowe r . Iu ,aI or eaump an stele
Mbcellameons Proeeeda. tf the nestaraLion or repair is apt eoomomkAy Th or Lemder's sec urky v mld
be lessened, the Miscellaaeom Proceetic duH be applied to the sasaas seared by dais Security I istrua ent.
whether or not r1hen dae, wide fire mecca, if airy, paid to Borrower. Such Miscellaneous Pro meads ducal, be
ggUe d in the order provided for in Section 2
In the evodt of a toad tridog, da4vcaiom, or loss in vahn of die Property, the Misoellaoeoas
Proceeds shall he applied to the sums seemed by this Security btalronrat, whedra or not then due, wide
the eaaxas, if nay, paid to Boaower.
Im the event of a partial taking, deKmcd m, or Ioss in valut of ire Property in which the fair u>mrimt
vahre of The Property numedi"y before the partial taking, destruction, or loas in value is equal m or
greaser dine d>a antotma of due alms secured by ids Secaaaty Btatrumeat i?adiaoieiy before due partial
tal ft, destruction, or loan in vabz6 tmkess Harrower and. Itisloer otherwise &me io writing, die sumps
moved by this Seanity holnummt shall be reduced by the amotma of due MisceHmous Proceeds
nmrltipdred by The follanft ftwdoa : (a) the to d a wart of the semis saaaed iommadiddy bdm the
. tal destruction, or loss is value divided by (b) d3e fak madmt value of the Pngmly
MAUSOWWOM9 .yam O Fudd taiciag, deat<ediam, or loan is value. Any balaoce chalk be paid to Bonow?er.
pactid taioett;, desu ction, or loss in valuer of rite Property in which the fair nwiet
value of die Pwpem bmmtadtaady beifore the partial takes, deamcaon, or low in valor is leas than the
amount of else sumo secured immadiately before dte partial taking, deonctiM or loss is voile, uttlless
Borrower and Leader odterwise agree in wduag, die Miseellaneaua Proceeds click be applied w dte soars
se mid. by ft Security Imucauatt whetber or not the soma we Sea doe.
N the: Pmperry is abandoned by Borrower, or if, after :melee by Iatder to Borrawa that the
Opposing Party (as deemed in then neat se lam) o>fers to maid an sword to acme a claim fw deanages.
Borrower fails an respond to Ir.'mder wLbdn 30 days aft the date- the notice is gh m, I.e rode t is udKwind
to collect aad dte Mbcdl? Pro=& eidw tD remum or zww of the property or w the
sums secarod by this Seeaar * hutroaam whether or not Om dun. 'Opposing party" means the third parry
that awes Boni! t Miaee Rneow Prooee Lis or Se panty aSaciw.- *hoem Borrower boa a riot of action in
regard 10 Miscellaneous PiDCeeds.
Borrower •ahari be in de fa* if any action or psoeeeft, whedw Ci,?il or exttimal, is beM thane, in
Lender's jtdgonit. cold reach in forme of the Property or odw memrial ' of i e:bea:'s
iz>t t in the Properly or ri$ts tinder this Secaahy basutaxieos.=Bonawa ran cane sash asach a dcfmult and. if
acceleration bas occurred, rye oa provided in Section 19, by c ti tal the action or prnoeedi S to be
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dismissed with -a ruling that, in Leach's jadgtneac, jredadex foz wvm of the Property or odker mrledd
hapa®ent of Imoder's interest in the hapary or ngbts under tills Socarity Itstlmmeot, the prooeeds of
ivy award or claim for damages that are andbeuable to as' j aitreheat of LadW$ iattaeSt in the Property
are he mby assumed and dWH be paid to Lender.
All b isodlueoas Puecae In that are mot applied m restoruim or repair of the Property atilt be
applied in the order provided for in Section 2.
12. Sorrawer Not lhdsas4, Fo rues ice By Larder Nat a Waist. Extmam of ties tame ft
Pa9Um= m nmdiSC&d err of amortization of do sums secured by dds Smft InKrmnm aramed by Iecdex
to Bang%mcr or any Su= mor is Ieztermt of Bong *4 trot operate to tekase due liability of Bottom
or any Successors in Tflmesrst of Bonower. Imdea shall not be reputed to eommeaoe prvoeec- a
any % mesaor 'in lataetit of Banower or to refim to es?d- rime for p gnvw or olhelwise moray
armordUtion ofFthe arose secured by tins Security hmmmsemt by riasou of say demand mace by the mi&d
B o n v e v e r r or arty Successors in Feat of Borrower. AW farbmamce by Lewder in raa icing my cigar or
remedy htcludiag, without fim r oa, Le taws acoeptaaoe of psynom from ddrd pasoos, 1 As' 1 1 or
Successors in bma?esc of Botxow+er of in tmsotmta kss titan the amrtant then due, at U mt be a waive of or
preclude the e7r,9rcise of arty rust or remedy.
13. JdM sand ftwial I.tib ft , Ca?dgueuv; btieooeseoes smd Aatigas BOWL Borrower coved m
and agrem that ieorroo ear's OWSadsoos and liability shall bee farm and wve=L Hoaeevrr, air Bonvwwho
(xHdPs dds Security Insoroment but does Mot eaoecetoe the Now (a "eo.aigner7s (a) is ooasigdng ibis
Socmity tnsalmeat ody to mortgages, pms and eomnzy the m-ei Was in- - in do Property hinder dfe
tr"rnas of this s«earigr loWment; (b) is rot pexaeaany abligabedlm pay the stuns aecaued b? this Security
homm moc and (c) agrees tbm I.mder and say outer Borrower-cart agree to eamd, moft, gear or
make smy ae0ommcdatim with regmd to the teums of Ibis Samity it>sdtnneot or the Note whm the
oo-z*mes comm.
Subjett fm ft provisions of Seetwm 18, any Successor- is mAhelt of Botnurwer who now=
Bonower's obligatsoos undet dos See ity? ham meme m writing; and n approved by I.emder, shat( obtain
all of Bonovaer's rlgbas ad beme5ts under this Seca* Imetru m i t Borrower shall nor be released itoap
Bontrwws obligations and liability under this setanity t uakss Leader agrees to such release in
wrung. MW mveotmts and ag<eemeate of this Security fommoeut sbdl bind (=ept as provided in
Section 20) and bhtetR the snooeamrs and assigns of Lauder.
M Loom Clams. Lmder may dta p Bonower fees rot services pet Bosme * in aoouxde , wbb
Bentowees dedaolt, for Ate propose of pt+olec ttg Leader's aoteteai into Prvpetty and rigms under ibis
Security to hunt CK114 n6, bit not limited to. afro neys' $C:, pro"ty hopecdou sad vabialim Brea.
enc! ---, authority in this Secuft Inttrnmmr to charge a mecific
fee m Borrower- shall not be construed as a pmbftlm on the of Such Lee. Leaeex mw m t charge
fees that are, e?tY ?mlribiued by this security Imaumm or t, Appiipsble Law.
If the Loan iS sabjea to a law which arts mmhmm loan d w.ges, and that law is &Oy lmetprr4dd so
that the: its: or Aft Iron chuses collected or to be eolkcteii in comoecdm with the Lana emceed the
P? rmfit:, dhea: (a) any such loan cbatge shall be reduced by the amount neommay to redone Ste
dWp to &c, perrmitted limit; and (b) AMIY SCION already collected f0 m Borrow wbadt emoeeded pan deed
limits wM be hefhmded to Borrower. Lewder my dwoee to make Atis reittad by re kft Ale pda*d
owed under fig Note or by malastg a direct payment to Borrower. If a rdkmd reduces pdoc ips] the
reductkn wtyl be fleeted to a wititant m prgdymmt dtatge (wbdher or >osot a
ptepaymmt charge is pw0ded !Iader the Nom). Bkobr ~j of any soth reI made by
direct paYmrnt goo Bormara WM ocosdm* a waiver of any rJ& of action Borrower might bane arising out
of 1S. lea. All notices given by Borrower or I ends in imnecti m wLh dib Security >osmzment
trotter be to wrWg. Any metier to Borrower in connection widh Oft Secattiryr Instrument dWR be deemed to
ft"Al j00O? D097
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P"611 or1s LGAN ID: 0000006734 F01Af Sm 1101
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have been givm to Botrowec when mailed by fast days nm1 or v bin actually delivered m Borromes
notice addren if seat by Wier meanie. Notice to =y one Boaawea shall comsdrm notice m alt Donee
lzdm e Law expready requires adm vise. Tlae not'ias address shall be the Property Addram
unless borrower has desigaa0ed a substitute notice address by nodes to Leader. Bonaww d p ply
noft f t+f Bormaa's chmp of address. If Lander speciins a pracedtme for nqmatkg Bpno"pPs
dtnP of address, then Burrower abaft omty report a drape of address thsm& that apecified prooedre.
There may be mly one desigamed notice address under this Ssaaitq Timmu mmm at Soy rime time. Any
notice to T " be Oven by stated herein valless Y.e?oder has delivetmg it or by marTawg it by Am doss mail to Leader's address
debated amotber address by notice m Bor awa. Any notion in
Coomction with this Seamity Iastnmsemt dWl not be deemed m ihave been given w I,eo[Mi nab acorilZy
received by Deader- If any notice regai r p 1 by this Security Iamrmoent is dso required under Applicable
L
xw Applicable Law mquiietomt will satisfy &a eommpoeding regcarerad,t under Saucily
lostrunmat.
16. GovmuMg Lsw; Serdrabl, Miles of Caests'edmn. 7bb Serenity i?saumeat sbsll be
aovemed by Metal bm and the tan of the jWis"on in which the Property is located. All z%bb and
oblsadoms oorafIoe I in this Semby ftn m m are sttt*cc to say and Hmkm&m of
Applicable Lan'. Apphobie Law m itt e?lici?q or impiic r a%w dw p m agree by coonact or it
nrigiat be at7mt but such silence shall rot be epyipd as a ?pipp fret by opt. m
the evm that soy provision or Clause of this Saarity Imttrmiatt or the Noae conflicts with Appiic"
Law, orb conxtiet &a not affil athes pecnr?siaets of this Securby hmumment or do Noon which can be
given efeot wiZbQtrt the cau ie ttg pro
As used in this Sm ttl? b at ruiew : (a) wards of the mucalim gender A& mom and h dude
cotrta?omdnop -mm words or words of the Eemioiae gender; (o) woods in the sfigul nr dAH mean and
include the phut nand vice vetaa; amd (c) the ward "tW givesmoie discretion wMm any obHgadm to
tAm any action.
17. Bot e+ wWs Copy. Bouvwer shall be given rime copy of-be Now nd of ibis Security Ia?mmenc.
?y ?18., Tramd'er of the Property or &'R - -R?W Ldarest In-BuTom : As used In this Section 18,
"W?l is tl>c?P:nperty saeraer ap0? kpd C[' hem al ittbeteat m the Propaty, inclmdin& bur not limiaed
to. those beorfi:ial inaetrma in a bond for deed, eon fat deed. JustAmeut aades ocmohract or
esataw agreement. die hem of which is the traas&r of title by Benowa at a E,mme dace to a ptuchmer.
If all or any part of the Property or mW laaerrer in the Property is sold or nmskrrad (err if Boemwer
is not a nemraL person and a benefeW ia1rrost in Damm r is sold or traodarred) vvkbm lenders prier
vtritsm camt+em. Linder my require iomiediame psyrment in fda of sR sums secured. by tins Security
mstrammt. Hcwem, this option shall not be exerdsed by LeOw if such ism", is prdb% red by
Applicable Loa'.
if Treader C= cum this option, Leader shall give Boaowq: notice of acceleration. Tye notice shall
provide a period of not less than 30 days from the date the notice is given m aowtdanoe with Section 15
within which Borrower must pay all amts secured by this Secaft fit. N Borrower feib m pay
dme gams pd.x to fie arpaation of this period. Iremdet mug imnoke nay remedies pamiaed by this
Secamty Iashttaoeaf wuhant further erotica or dm and on Boaawa:.
19. Boerwwces ilti& to 1Lehmemb Affix AaAma dma. H Borrower meets asta? condidaos.
Borrower dab haft die tight to have e16o1 - oemeat of Gis Security lndrra>re , discandm d at nay ai nc
prior to the emliest of: (a) fife days before s* of the Property ptirstamt m amp power of s&, m as In 1 4 in
this Security hmment; (b) inch other period as Applicable Law md* specify for the "wmden of
Hoaavwees dot to reinstate; or (c) many of a inumamt anfx ng this Seamy humtmmm those
can& = are *at Borrower: (a) Pm I.emder aR twins which thm vocid be tine utadaor this Secxitisy
lusttatmmt amddye Non as U no aceelera ion had oocrmee 1; (b) a,a+ee nay detente of any ocher co s or
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4POMMK; (c)° payx all expenses mcmred in eafinemg this Secomy Ina umM indudigg, but not Yachted
10- remoaable Mme' fixm, praputy kinctim sad valuation ImW sod odter Im nrccamd fa the
PerPoSe of ping Lmder's mteaest m the Property and aaghpc nadec this SOcO&y Iaaromtan; mi (d)
=aloes such aedw as header may rsamndAy 2e401re so awxo dw Leader's inteaeaR in dre Ptapedty and
rights tinder d» s SeCUnW hWWM eat, mad Borrcsrrrr's obligOML.lo pay the W= seamed by this Sex=ily
Iawi meat, shall cau t m imabmpd. Lauder may wild= that Borrower pay each reim stmbemene !amm sod
eiepattba in one or moer of ire fallowuia forms, as ar]ecled by her=der: (a) ash; (b) moay Ogden (c)
certified d=eck, beak dm k, tr?'s check or =ahier<'s cho* pmOvided mW aa& check Is drawn upon
an insfitOion a=rose depoain we inwrod by a *dmal Waicy, uftmmbft of abY: or (d) Bbotc w
Prints Transfer- Upon reI I emeat by Bon we r, this Security Ittats?smr and aftffim se=xed hereby
shall reawin faally cff dtve as if no acocI P 1 ti m Lad occurred. Howwa, this tight to to a shaft not
apply is the axe of aeodeaamion nodes Section 18.
?0. Sde aP Ne?ir, Goa aE boss Servicax; Nance et(aAamw- Me Nm err a partial imeiast is
the Note (uogelrer wift this Socmky I>tsattoom) an be said acre or more times w3dromr prior aortae to
Borrower. A sde might resit in a chwp is the entity pcnovm as the 'Lam Stymltret7 tint collects
Periodic Psymmb dne tinder the Note mod this Secuq hasmtoneat and pleft vim Odter mortgage loan
mmicius oNlig d= reader ire Note, this Seatdsy Iom now and Affhc la Law. 1Lere abo might be
am or more chmem of the Loam Savior tmrdamed tO a We of the Nob. N theme b a chop of the Loan
Swvioer, Borrower wm be given wdum aodce of the d mV whirl= wM state the name sod , m Ir is of the
new Loan Savieer, the addnm to which ; igmeatls d mid be =node and any other won RESPA
requirm in oonwection w?idt a notice of kmdw of saves. M the Noce b acid and d aubw the Lon b
serviced by a Loan Savie w other Own the ; 1, 1 tsr of rite Nola, the mortgage loan aerviciag obli lo=ts
to Baonowa v41 *ft the Lon Savi= or be - - I w re I to a aioomw Lola Setvloet mad are not
assmmiedby the ffbee l' - Am r ea>tiss od mzwiae provided by the Note prae:baaer.
Neither Bwwwer nor Leader may cao?e' Imo, or be joined w my joe>WA so=la=r (as mbar on
individual Hdglm of the member of a clan) that aim from =late other penny's aetiom pawaa io this
Segtrity lasOnmteatt or thaa aneaes am flee Other party hiae bmeacheMd mw provaron of, or mW dotty oared by
mom of, 9& Security Iamtmreot, ma tmdt Barmowe: or p? has notified the other pa=rry (wbh such
nodes given in ?eoagilimoe wMt the itaptictni m I of Sectim 1S} of such ainged broach and ai$onW the
Other' patty hereto a trmaombk period mbar the gram of 33rd= =ftV to calm comreodvrr acdon If
Applicable have provides a tin=e period which now elaepse bPfeil e cert'am action can be taken that time
period wall be deem=ed to be reasonable Liar pmpos em of this pwagcapL The notice of scodetation and
Oppartemtty to came given vo Borrower pusanaot to Se ochre 22 ?md the notice of anode ra ion giveen to
Borrower 1 111 sear to Section 18 shall be deemed to satisfy the matiee and oppotmoky to aim cmTwdw
action provisiam of this Section 20.
21. Ebb does Sahstomees, As trod in this Section 21: (a) "Hwalow Substances" are those
mbstmooas ddised der tactic at bet admn mimunces, polhmoa, cc aasla by Bmvhuomm d Law and die
follovft subsmmu: gasohno, hoa+oseae, other fiammeble or brie petrokmm psotime ct, tcoeic pemicides
and bfttiddes, volafik solvan, mate imb coutdding asbestos orbm idd ds, sad radiosedus aiaeledsh;
(b) "Embommead Law * maw fie krA laws mad laws of the jmimdicdm wbert+e On Property is horsed =drat
adsme m heaihh eddy or awnuaooa and prowctiamr (c) 'Env cwwutal Clmmop' ioc wa a w rewonae
action, remedis; action, or remumd action, as defied in Emkommead law; mad (d) aa'Bnvlmanumw
Cbmditian" mom a eoudition that can -m combibute to, or od mwise trigger an Bnvirommawd
Clea<aop.
4ft4NM
""' Vlll P.a.+serve LOM ID: 0000006734 Fam" =107
BK`t 76 8-PG 3931?
07/02/2008 15:44 FAX 7172856422 AMERICAN HOME BANK 9014
Bori+oarer"Bot came or permit NOW we,, ditporpd, or re>eme of any EUza*m
Sdxuom,or-i rratcm m relwe any Hsasadoem , oa or is ?ry 8omower dmll slot do.
Bor ariaw e OM dse to do, afiieexieg die pmp?y (a) drat is in violrtion of any ?tdrommreotal MW&ft
Law, (b) vrbrgx#r tateates an Emhommeisl QmW6tkm, or (c) wft, doe to the Preaeaoe, uae, of reirme of a
Hazardous Snbxtkwe, an:atea a condition tort advcrsdy aliiecer the vahte of the Property_ 7be
taro adnttaoes aoaII aoR apply the pmearaoe, age. or S%MW on the hapeny of a?Il of
Hazardous Subscinces. met we venally reoopnized to be appropriate to aoa 1 reddemAd uses aai to
Inc: of dw Property (mcludim but rat limited m, h waftes stbuouces in coommer p`+odmcts).
or odw ?? by pwm3pdy She Leader 'Vwgjuz?, or retuls ? boty not= of (a) ?? won, claim% demuttd, last "Zw Hazardona Substance or Bw4mou amp Law of ? krvol am ate ? bana
) ?
any
?_ ooditim hwhidsog bat ma hm ed to, :goy spy, kaldng, db dmsge„ or duw
of
release of nay $azardow Substame, and (c) any coodioim caorr d by the 1 up m ice, use or re3eme of a
Haardovs Substame which adverady dbm Aw Vshm of toe Ptupeay. If Boamwa le®s, or is notified
any
of ?ieaart or ragomtmy a lbodity, or my private pact r, mat my rremoval at other remessetian
of my a Ssdx aooe NOW -0-1eg fire Piopeaty is amenzy, bxzo?rer shall Ub an ne onmy
remediail artiona is wig i Law. Notisit Leonia soy
Leader Obftation on
for an E!cwh omead
NON-UNNMM COVE!f4 i S Bonow and Leodcr Stt&w eavmaoltoaratdoagm as fAm.
ae u breach of ooaaame ar it tltk Sed¦k feshmmrt Pffiow to
ender sac" is m¦ieas Law lp a No odurwW. I.eaier slat
Bo d ww m 1 m bed ? 00 ft (b) fire endow -- * tep? 1W irdrrtih (e) ohmdfy
m Cw*
miefth t'atim s0dw somas isds+mi by Ida Cm dfaoit as
tide at ? my r+aAri4t is
the Prgrer ty. Leader abort fmtir:s.bi o(t8re by
am any mk dw
7W $a ee of a d
d the tr& to assert is at iro?+airwr+e precoo 'eat tie mum-esd
defgrQ e[ Borteoww b aoeder -In 41W famelosttrre. If the aaiiret is eat coma as apeclfied, iwsder at
its option mw r;1 Ob I it®eaia4e navommi in hen of as arrow sa0 P , - a by this sacmky 1?dtuaaeak
without lb.11 q dearamd mod am &;. tics 9?etwrty Lp?lrameat by J¦icW eeeditg, I,earder
shat be I -I I to collect an cepmm itaeraasa is pae?airrt file reoedies provider In *19 See" 2;
hmAndho. hot loot totilea to, atboraeya' fen asrd moab a[ title evidaam to the etrleat pamkted by
Lam.
23. Helve. Upon payment of dl :mm second by rare Seam# lasnum, this Sect ty lasu umut
and the esm a conveyed shall temninate and become void. Alder;mch ooaarewe, Leader" dbdmuge
and sad* dim Secmky hmmtmem Bomwer dW Pay sy woordwom costa. Leader may cbwW
Borrower a fee lbf rd - tbis &aarky laao umc t, bra aoly if tine fm is paid w a t'hitd parry for emioes
rendered and the tdfergirg of the fx is pem fined miler ApplicabiaLaw.
2A. Wa[vom Romm. to &e cuewt Vtamitte 1 by Applicable Law. waives and releases any extore cr
dedeew in proeaediogps to e»Foroe; this Saausty lnstrament, and lanaby waives the bme& of a w pr mum or
? 1?m' OS my of fin, adaosiaa of tiara, aiaI din feom :Kar , neat, levy and sale.
. Penrod. Bon+ow es rims to rise Vm in Section 19 abed cmwd 0 eats
hoot prior to &a Comm eaDema t of bidding at a dreriif'a eerie or Odw sale ptammat to this Secmky
lnsarrmaeat.
26. Padme Mosey P&rgpg . N nay of toe de# aecmei ?y tads Seemby lmrmmteat ix lent b
Boarovver to wgdw ode to the property. tins Secmif<y 1nsumrrmt>ifisfl be a pt vbm nroaey
27. >atet,t Bate Alter Dear. Bounwer agrees tint the: isuoaoest rata prp?abie afErr= is
entered on the Wane at in an anion of mmtprte foreclosure stmil be Ate aft prryabk t= time so tame
uoda the Note.
W*W `9
-6tPA1 pooat V118 POP 14 of 16 WAY ID: • 00OM6734 Fe"" 8099 1 It1 t
e?.t-1-6sPsssOpw
07/02/2008 15:44 FAX 7172856422 AMERICAN ROBE BANS X015
BY SWIM BRAw, Bon+awer aooepts and gjp I "S W life twins and a VWSM coutdmed ft WS
Y hamma and is any Rider eked by Bang aad wwrded Vft iG
w oem:
- (&A)
4baao cr
- (Seel)
-bomma
(sue
419w?
otam p00yl V125
(?6"
-Donn ec
PW t6 c,s LOAN ID: 0000006734 foeo 3M 1001
.fad A? ?„?- (Sea)
STM A• UITYPNiN 4kanu
(SUA
-Boa~
- MUD
jkwmw a
(Sed)
-Bom-
Nt -t 76 8P63a
07/02/2008 15:45 FAX 7172856422 AMERICAN HOME BANK X016
Cq a at Reddm O
1, TAWY HOUGEFfOGI.IIi
the correct addranof the evilM ee ? is do ' ° ?'
* AMERICANG• HOME BAR, N.A.
805 ESTEL E DRIVE, SUITE 101 PO BOB 4454, Imo, PA 17604-4454
Wimess my hand dds 16th day of AUSUST 2002
It IA a
J9AMU-)? v V &je-mfn hlFj-- LON%
AS= of
COMMONWXYMM OF PZWMnVANrA, CmbwyMd
Comity sw
on this, the 16th dew of arjast
nude dsod Offim, PUMOBUY ? pWSM , bet?ore me. the
?y p gv* to be the pns*s) wbmc game(s) is/= armed ro the end
OchmdeW *At hdAw' l W u cftd the sine for do proposes jig Ooerraiaed.
IN WP 4BW WHMtMF, I b= mw set ray bend amd offidw ad.
My Co=dmdcm Bxphvm.
`Y
K*AMI. AI
MAC Of Ofkw
?1?A) pooe?`-,rte-`?-1
V129 tee. ?s a ?e WAN ID: 0000006734 Fwm 3039 'VO7
9K 4. 7.6 8K3946-1t.
07/02/2008 15:45 FAX.7172856422 AMERICAN HOME BANS Q017
w `
Exhibit A?
All the following described real estate b?ing and being situate in soma Middleton
Township, C-Imniberland County, Penneylvamia, Once per. described ss
follows:
BEGINNING at a point on the eastern dedicated right of way Hoe of Petersburg
Road, SR 2001 at the sontbwest comer of Lot 28 as-shown oa the abo?
subdivision phinq thence by Lot 289 South 84 degmi 11 minates 1 secoad East 167
feet t O a point on the wester right of way line of Flaptone Drlve, Wfoot wide right
of way; thence by the western right of way line of Fine Drive, South 5 degrm
48 minutes 99 seconds West 66.84 fed to a point owthe intersecdou of the wmtem
right of way line of Fhtgstaone Drive with the northern right of way not of
Cobblestone Drive, 50-foot wide "Od of way; theooe by said intersection by a carve
to the right having a radius of 25 feet, an arc disb aw of 363 feet to a pant on the
northern right of way Hue of Cobblestone Drive; tree by said d* of way tine,
Soo ft 89 degrees 0 minutes 12 seconds West 55.62 feed to a pout; thence coaftuing
by said right of way lino by a curve to the right hawing a radius of 175 feet, an arc
distance of 119.92 feet to a point thence eonthw? by said right of way lime, &M&
84 degrees 28 mantes 32 seconds west 44.74 feet to x point at the intersecdon of the
northern rigtAt of way line of Cobblestone Drive with the eastern dedleded right of
way line of Petersbwrg Road; Om w by said intnwdjon, by a curve to the right
bxWmg a radios of 25 feet, an arc distance of 39A -fcet to a point on the easwm
dedicated rWd of way tine of Petersburg Road; thence by said dedicated right of
way lice, North 5 degrees 48 minutes 59 seconds FAM 74.73 feet to a
dedicated right of way Not, the point and place of beginnm& pow on said
BEING designated Lot 27 on plan of lots for CobMatone Est:ttcs, Sheet No. 29
recorded in Cumberland County, PA, Plan Book 70, Page 130A.
in Cumbcrlanu (-7cuW. I`A
17f 8pS3 g4
.z Recordtr of needs
20
07/02/2008 15:31 FAX 7172858422 AMERICAN HOME BANK @001
lnam] AUGUST 16, 2002
NOTE
[Chy] CARLISLl:
[hm] 2A
1 COBBLESTOPE DRM , CAR? SLE, PA 17013
1. BORROWER'S PROMISE TO PAY
Ia retutrl for a loan to I have reodveed, I promise to pay U.S. $ 1;? 7 , 920.00 (this amount is called "Principal"),
pis 3maesnest, to the order of tit: IAmaa. The Lender is AMICAN BMM Mc, R.A.
I will moke all psymmta gads this Note in the: fomr of cadi, aleck or mommy order.
I tmdus mtd the die I.eeader may trat-Ier this Noe. The Lender or Wmee who tdoes this Not by tt and who is
entitled m receive paymeora under Ode Note is called the wNM Holder."
2. IIPl23MT
Iut v will be dw pd on u4mid principa] =M the f B Kw= of Primal has beet paid. I will pay intoeesc at a yealy
shoos, of 6.875 %
MW I -,-mt rate negnavd by this Section 2 is the rate I will pay both bcfOZ+a and amw atey detidt deeded in 9ectioa 6(B)
Of this Note.
3. PA'Y'1VOM
(A) Time ukd fierce of Psyments
I will pay peeimipael and inlereaI by maldng a payment every north.
I will metro my n m tidy payment on tie 1st day of each moatth i eghming on OCTOBER 01, 2002 A will
will
maloe three psymem eves., momb until I have paid all of the pdncW and mteiat and any other e I ges described bcbwdvkI
may awe uneler this Nooc. Each monthly payment will be applied as of hs•sdm&ded doe dale word will be applied eo inserest
before Prmcipah. If, on SEPTDMER 01, 2032 , I sWl owe teaaount, under this Now, I mill pay those unom b in fyA an
tint dare, which is adled the "Maturity Date."
I will make my nwe eddy paymmb at 805 ESTEII.E DRIVE, WITE 101 FO B0% 4454
LANCASTER, PA 17604-4454 m- at a difact place if regaled by the Now Holder.
(B) Amnmt d 1ldaaddy Aaymeats
My unaNy payreaemt• will be in the ammms of U.S. Z 84035
5
4. BOWJLC FWBR'S MG[P TO PREPAY
I have the rift m maim pgmuu of Pri mod at way time bdore they ere dae. A payment of Prinapd only is komm as a
'Piepgnm.' When I mite a Prepaymm, I will snit the Note Holder in writing that I am & ft eo. I may m deidpw a
payment ere a Prapaymem if I have not made all the monmty payments due uF der tie Note.
I may malm a full Prapayttteat or pat" Pr payments withoirt paying a. Pre mem charge. The Noce Holder will use my
Ampsyemmu to reduce- die atnotmt of Priodpal dw I owe tender tiffs Now Hmmmr, the Noce Holder nay apply uw
Pi+epWM= m the aexraed and Unpaid interest tea the Prepaymmtt amoak?t, bore appiyiog wry PnMn= m reduce the
Pri wkW uncum of tie Note. If I merits a peatdd Pn@gn em, dress will be-no changes is the due date or in to ammova of my
moaddy payment udem tie Nate Holder agrees m wrift b those a mgm.
Mt/t. WATE FMW RATE NOW-SkWs Fewd6v tie tbwffradtae Mae UNWOW IMe4TRUUM
%4M Wft Farm X001/01
paw I of aMOllfe0Ae6P01NAe. etoo?sz? !1111111
21 LOAN ID: 0000006734
07/02/2008 15:31 FAX 7172856422 AMERICAN ROME BANK @002
de .
S. JOAN CHAR
ff a I m, which spplim to this low and whi& aft maztimtaa?e loan ahaepes, is SmUy iabapse"ed so ft fhe istesest ex•odw
I= chnm eoIIaeoed or W be eollemd. in coooecdon, with ihls loan amod the 11 mitoe11 Ihmte, then: (a) any rA loan charge
shod] be reamed. by tine mom moesstry to reduce ft dwp to the peemlW 19mk,- and (b) nay su= already collected: freer
toss which e7oceoM pexmifded Ibnb will be reloaded to me. The Now Peruser nay choose to male this retard by redmh* the
Pfd I owe under this Note or by mddng a dkm pgym mt to me. If a reitmd reelneeea Principal, the reductionwM be ueeeted
as a paribus P1
g7eyment.
6. BMOWSB'S FAILIM TO PAR AS RZQVBfflD
(A) IAM Charge for Overdw P"maoms
N the Noce Holder has not received the fill moomtt of my monthly psi in by the and of 15 (fifteen) edam tt days
titer the date it is due. I will pay a hate charge to the Note Holder. The esaoueS of to charge will be 5.000 % of
my overdere payment of prltndpol acrd i>ytCi1 - . I will pay this lame charge pro apdy but aaly o me on each Iate payment.
(8) Ddaft
If I do not pay the fail amotmt of each momdsly paymed on the dome it is tine, I will be in ddWlt.
(C) Nodes: of Deftmk
H I am in defautt, the Note Holder may send me a wsimen nomioe to uft me no if I do not pay the avetdue amount by a
cattaia dame, the Noce Haider may regt*e no to pay hnaoediaesty the full eeaaou 11 of Principal which has act been paid and all
the iastesest that I awe on dam smoaot. heat date most be at Iasi 30 days after the date on which the notice is milled to ano or
delivered by odwr means.
(P) No Waiver By No* Aplder
Even. if, at a time v&m I an in deofeeolt, We Now Holder does not Yaquire me to pay imnmduWY is full as deea:t*W
above, the Note Holder wW atilt. have the rlgtot tb do so N I an in default at a later dm.
(19) Pomant of Note Reldleff Coeds smad xzpmmmmm? .
If at Note Holder has required me to pay hmno iaoeiy m W as desoulmd. above, the Noce Holds: will have the dghr m
be paid back by me for al's of its costs and ezpaoses in enftvbg dds Now w the am not prohibited by applicable lane. lUst
eotpeaees hmda, for azopli reasonable atoomcye foes.
7. GNM OF NOTICES
Unless applicable law steins a dif mot method, any notice that twist be given to me under this Note will be given by
delivering it or by mailing it by fits class mail to me at the Property Addrom above or at a adieu: if I give the Nate
Holder a notift of my diffemm address.
Amy notice that most be given to the Note Holder under this Now wits be givm by dalivrft it of by mailing it by first
cim mewl to ire Note Sadder at the address stated in Section 3(A) above or at a dicer addreaa if I awn given a notice of dram
diffmcmi address.
S. OXIGATIONB OF :PMWNS UNDER TffiS NOTE
If mm than one person sWs d4s Note, each paaon is fitly and personally obligated to lmep all of the pr miles made in
this Note, bdluft the pcon iae to pay the ![ill am ant owed. Any person who is a gaeraador, smety of endorses of iris Note is
also obligated to do dowdwtgs. AW person who talms aver these obligt&os, the obligations of a auatantor,-smaty
or endmw of dds Node, is also obllig" to ]Deep ail of the promises made in this Nate. The Now Holder may -min ce its rights
under this Note agamm mch. pbraoa 6WIvidoally or against all of an toselher. This mans the any One of US May be required W
pay all of the aoaoumts owed under ibis Now
9. WATVM
I and any other person who has obligations .under this Now waim .the right: of Prescoun m and Notice of Ditlr000F.
OP asaeateoeert" means flee d& to 1egn3re the Node Holelat•m den =d payment of amoams due. "Notice of Mom" tmmts the
ZW ter roquile ttre: P60W :Iob7a to give aeries to carer peewee 69 amomb due have not been paid.
Fem 32001/01
POOR Mp 2 d i ¦raw;
IRAN ID. 06 4
22
07/02/2008 13:32 FAI 7172868422 AMERICAN HONE BANK
la 003
10. UNDOW NOTE
This Note is a utdibtea hommem with limited vaoatioos in same Jam. In addidon too the pstutmticss Sim tD the
Noce Holder under this Nose, a Mahon, Deed of True, or Security Dead (de 'Security h atrum d m), daeed d a se=e due as
this Note, pr04ecw the Nora Bolder ftnm possible losses which ad& nwk if I do not beep the pmt leas which I maize in tiris-
Noue. That Severity Iost<®eoI descrila how end trader what aonditioas I bW be requited ib =sloe immediate payment in faR
of aIl s®otttets I owe tmdwdds Now, Same of those coaditiam are damfood•afollows:
If aU or mW iw of ft Property or auty Ineetnst in the Property is soM at U=dm ed (or if Bon vww is
not a tmt ud petaara and a beaefciai ioeeYm in Don ma is sold or tmsh xed) vvithoat Imdar's prior t
consent, bander may readze issanwbw pay=eat in full of all stems secured by dtis Sec uft I w if
Howww, this option shill not be amemised by I.andor N soh weer cioe is pt bgftd by Applicable Law.
If Irrader emcfaea this apdan, Ireadec sbell sin Bmwwaf notice of woDiervitiott. The notice shall
pwvids a period of not lees this 30 days from dw date rite notice is given in accordance with Section is
withia which Bov wer mast psy all sums second by this Seasity botrammL N Bono fa b to pay dose
sums prior to the eapitadm,of this period, Deader my bwalm..My tm>edies pemdwd by this Security
htsavmoar without further notice or demand an Borrower.
W1TN= M AANM AND SBAIO) OF IM UNDBlz4IONBD.
earl-A t -, (w
SMM A -nammi
?onvwar
(mod) (Seal)
-tkoxmw Bono.rer
(Sam)
-Baav?ra -Hoav?wr
Pg1D*8=dWQf
am cocoa
Resawn
AN=FANHO B&4MK&
Trinh K. To-Weichler
AVP
n.wao?e
23
lmOn OPOW OW
Dana am 1101
LOAN ID: 0000006734
07/02/2008 15:45 FAX 7172856422 AMERICAN ROUE BANK X017
Emit A
All the following deac *oa real estate lying sad bdag skWe in South MAN
,*m
Township, Cumberland County, Pennsylvania, non pardenlarly. descrthed ss
follows:
BEGINNING at a point on the eastern dedicated night of way line of Pctenbug
Road, SR 201 at the soatln* corner of Lot 28 as.dmm on the a
subdivision pbn; thence by Lot 289 South 84 deg mi 11 minutes 1 mcmd East 167
feet to a point on the westem rkid of way line of Flgstene Drive, 50-foot wide riot
Of *IT,* thence by the western right of way line of Figstose Drive, South 5 dearm
48 minutes 99 seconds West 66x84 feet to a point onrthe intersection of the western
night of way line of Flagstome Drive wittlt the nwtbers right of way line of
Cobblestone Drive, Wfoot wide riW of way; theaee by add intersection by a carne
to the right having a radius of 25 fck an arc d st=m of 363 feet to a paint on the
northern right of way Jim of Cobbksww Drive; tike by said rigk of way lice,
Scab 89 degrees 0 minutes 12 seconds West 55A2 feet to a pointy tieoee continuing
by said right of way One, by a crave to the wig ht hawing a radios of 175 feet, an we
distance of 19.92 feet to a poht4 thence cnntAnung by said night of way line, Son&
84 dgp-ens 28 minutes 32 seconds West 44.74 feet to a pow at the Wtersection of the
northers rigtitt of way tine of Cobblestone Drive wits the eastent dedieated right of
way line of Peter Road; theme by said fido lion, by a carve to the right
having a radius of 25 feet, an an distance of 39A feet to a point on the eastern
dedicated right of way line of Pehrsbutlr Road; thence by said dedicated right of
way line, North 5 degrees 48 urinates 59 seconds FAN 74.73 feet to a point on said
dedicated rlOt of way line, the point and place of beginning.
BEING designated Lot 27 on plan of lots for Cobblestone Esbtes, Sheet No. 2,
recorded in Cbmbertand County, PA, Plan Book 70, Page 130A.
1 CCr.ify t]1;q `^ c rc -o'
In Cumberland (A"m, y PA
IN'1768PS3942
Recorder of Deeds
24 EXHIBIT
"6"
AMERICAN
HOME BANK,.
We help build your future. "I
June 2, 2008
STEVE A KAUFFMAN
1 COBBLESTONE DR
CARLISLE PA 17013
ACT 91 NOTICE:
TAKE ACTION TO SA.VE
YOUR HOME FROM
FORECLOSURE
25
3840 Htmplanrl Road / American Wav Corporate Center! PONinntille PA 17556
Phrxw" 177Ryf.antl ?-F77lRAVK.AHR
EXHIBIT
This is an official notice that the mortgage of Your home is in default and the
lender intends to foreclose. S cific information about the nature of the default is
provided in the attached page
THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM (HEMAP) may be able to help to save vour home This Notice explains
how the program works
To see if HEMAP can help you must MEET WITH A CONSUNIER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE.
Take this Notice with You when you meet with the Counseling Agency.
The name. address and phone number of Consumer Credit Counseling Agencies
serving your company are listed at the end of this Notice If You have any questions You
may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.
(Persons with impaired hearing can call (717) 780-1869.)
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain
it. You may also want to contact an attorney in your area. The local bar association may
be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA ]IMPORTANCIA,
PUES AFFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO
COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA
TRADUCCION IMMEDI TANIENTE T .i .A MANDO ESTA AGEDCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELIGIBLE PARA UN PRESTANIO POR
EL PROGRAMA I.LAMADO "HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA
PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): Steve Kauffman
PROPERTY ADDRESS: 1 Cobblestone Drive
Carlisle PA 17013
LOAN ACCOUNT NO# 6734
26
' ? wA
ORIGINAL LENDER:
CURRENT LENDER/
SERVICER:
AMERICAN HOME BANK. NA
3840 HEMPLAND ROAD
MOUNTVILLE PA 17554
AMERICAN HOME BANK._ NA
3840 HEMPLAND RD
MOUNTVILLE PA 17554
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH
CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU
MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEONER'S
EMERGENCY MORTGAGE ASSITANCE 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
ESTABLASHED BY THE PENNSYLVANIA HOUSING FINANCE
AGENCY.
TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a
temporary stay of foreclosure on your mortgage for thirty (30) days from the date of
this Notice. During that time you must arrange and attend a "face-to-face" with one
of the consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS IF
YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE
YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF
THIS NOTICE CALLED "HOW TO CURE YOUR -NIORTGAGE DEFAULT"
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
27
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Y
CONSUMER CREDIT COUNSELING AGENCIES-If you meet with oneof the
consumer credit counseling agencies listed at the end of this notice, the Lender nay
NOT take action against you for thirty (30) days after the date of this meeting. Fhe
names, addresses and the telephone numbers of designated consumer credit
counseling agencies for the county in which the property is located are set forth at the
end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise
your lender immediately of your intentions.
APPLICTION FOR MORTGAGE ASSISTANCE-Your mortgage is in
default for the reason set forth later in this Notice (see following pages for specific
information about the nature of your default.) If you have tried and are unable to
resolve this problem with the lender, you have the right 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 Mortgage Assistance
Program Application with one of the designated consumer credit counseling agencies
listed at the end of this Notice. Only consumer credit counseling agencies have
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 (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO
DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIl4:IE PERIODS SET
FORTH IN THIS LETTER, FORECLOSURE M(AY PROCEED AGAINST
YOUR HOME IM MDIATELY, AND YOUR APPLICATION FOR
MORTAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION-Available funds for the emergency mortgage assistance
are very limited. They will be disbursed by the Agency under the eligibility criteria
established by the Act. The Pennsylvania Housing Finance Agency has sixty (60)
days to make a decision after it receives your application. During that time, no
foreclosure proceedings will be pursued against you if you have met the time
requirements set forth above. You will be notified directly by the Pennsylvania
Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A
PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS
FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AN ATTEMPT TO COLLECT THE DEBT. (If you have filed
bankruptcy you can still apply for Emergency Mortgage Assistance.)
28
t
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: I Cobblestone Drive, Carlisle PA 17013, (the "Mortgaged
Property") IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the ,
April 01, 2008, May 01, 2008, and June 01, 2008 payments and the following
amounts are now past due: You have failed to make the monthly ?ayments of
$1054.98, constituting principal, interest and escrow, which is due or the first (1st)
day of each month thereafter. The total of the monthly payments now past due is
$3,164.94.
TOTAL AMOUNT PAST DUE INCLUDING LATE FEES: $3,291.00.
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY
(30) DAYS of the date of this notice BY PAYING THE TOTAL A.'MOUNT PAST
DUE TO THE LENDER, WHICH IS $3,291.00 , PLUS ANY MORTGAGE
PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE
THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's
check, certified check or money order made payable and sent to:
American Home Bank, NA
Attn: Rich Hornick
3840 Hempland Road
Mountville PA 175-4
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default
within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise
its rights to accelerate the mortgage debt. This means that the entire outstanding
balance of this debt will be considered due immediately, and you may lose the chance
to pay the mortgage in monthly installments. If full payment of the total amount past
due is not made within THIRTY (30) DAYS, the lender also intends to instruct its
attorneys to start legal action to foreclose upon -your Mortgaged Property.
IF THE MORTGAGE IS FORECLOSED UPON - The Mortgaged Property
will be sold by the Sheriff to pay off the mortgage debt. If the lender refers our case
to its attorneys, but you cure the delinquency before the lender begins legal
proceedings have begun, you still have the right to cure the default and prevent the
sale at any time up to one hour before the Sheriff's Sal° You may do so by Raying
the total amount then oast due plus any late or other charges then due reasonable
29
attorney's fees and costs connected with the foreclosure sale and any other costs
connected with the Sheriff's Sale as specified in writing by the lender and bV
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 the Sheriff's Sale of the Mortgaged Property could be held would be
approximately two (2) months from the date of this Notice. A notice of the actual
date of the Sheriff's Sale will be sent to you before the sEle. 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 contacting your lender.
HOW TO CONTACT THE LENDER:
Name of Lender: American Home Bank, NA
Address: 3840 Hempland Road
Mountville PA 17554
Phone Number: 1-800-974-1634 x 6619
Fax Number: 717-285-6422
Contact Person: Rich Hornick
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 Mortgaged Property after the Sheriff's Sale, a lawsuit to re move you and your
furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTAGE-You may X 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 DEDBT OR TO BORROW MONEY FROM ANOTHER.
LENDING INSTITUTION TO PAY OF THIS DEBT
30
? TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACING
ON YOUR BEHALF
? TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS
IF NO DEFAULT HAS 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)
o TO ASSERT THE NONEXSISTENCE OF A DEFAULT IN ANY
FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT
INSTITUTED UNDER THE MORTGAGE DOCUMENTS
? TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY I-MVE
TO SUCH ACTION BY THE LENDER
? TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW
31
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34
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF LANCASTER
)SS:
RICH HORNICK, being duly sworn according to law, deposes and says that he is an Officer
of American Home Bank, N.A., and that he is authorized to make this Affidavit on its behalf, that
the facts set forth in the foregoing Action in Mortgage Foreclosure are true and correct to the best of
his knowledge, information and belief.
9
RICH H RNICK
Sworn and subscribed to before me this / t day of J` 2008.
COMMOKKALTN OF PENNSYLVANIA
NOTARIAL SEAL
PUBUC
FRELYN YOUNGER, NOTARY
EAST COON
DONEGAL
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MY CCOMMISSION EXP LANCASTER
APRIL 8, 2010
Not ' ublic
35
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LYNNEA HALL
Plaintiff
VS.
DENNIS SEMANCIK and ANDREW
SEMANCIK individually, and t/d/b/a
S & S REAL ESTATE, et. al.
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 2008-4299 CIVIL
CIVIL ACTION
NOTICE TO PLEAD
TO: Plaintiff Lynnea Hall:
PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE NUMBER 1026, YOU
ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED
PLEADING WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A JUDGMENT
MAY BE ENTERED AGAINST YOU.
Respectfully Submitted,
HUGHES, dir.
Dated: 9
v -
es D. gh ,Esquire
Attorn y ID # 58884
X
Scott B. Granger, Esquire
Attorney ID # 63641
SALZMANN HUGHES, P.C.
354 Alexander Spring Road
Carlisle, Pennsylvania 17015
Phone: (717) 249-6333
Attorneys for Defendant Cody Financial
James D. Hughes, Esquire
Attorney ID # 58884
Scott B. Granger, Esquire
Attorney ID # 63641
SALZMANN HUGHES, P.C.
354 Alexander Spring Road
Carlisle, Pennsylvania 17015
Phone: (717) 249-6333 Attorneys for Defendant, Cody Financial
LYNNEA HALL IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO: 2008-4299 CIVIL
DENNIS SEMANCIK and ANDREW
SEMANCIK individually, and t/d/b/a
S & S REAL ESTATE, et. al. CIVIL ACTION
Defendants
DEFENDANT CODY FINANCIAL MORTGAGE SERVICES INC.'S
PRELIMINARY OBJECTIONS TO THE PLAINTIFF'S COMPLAINT
AND NOW, come the Defendant, Cody Financial Mortgage Services, Inc., by and
through it's their attorneys, SALZMANN HUGHES, P.C., and preliminarily objects to the
Plaintiff's Complaint•asTfollows:
1. PRELIMINARY OBJECTION PURSUANT TO PA RCP 1028(a)(4) DEMURER LEGAL
INSUFFICIENCY OF PLAINTIFF'S COMPLAINT
1. Defendant Cody Financial preliminarily objects to the plaintiff's Complaint on the
grounds that the plaintiff fails to state a cause of action upon which relief can be granted.
2. The plaintiff commenced this action by filing a Complaint with this Court on or
about July 17, 2008.
James D. Hughes, Esquire
Attorney ID # 58884
Scott B. Granger, Esquire
Attorney ID # 63641
SALZMANN HUGHES, P.C.
354 Alexander Spring Road
Carlisle, Pennsylvania 17015
Phone: (717) 249-6333 Attorneys for Defendant, Cody Financial
LYNNEA HALL _IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO: 2008-4299 CIVIL
DENNIS SEMANCIK and ANDREW :
SEMANCIK individually, and t/d/b/a
S & S REAL ESTATE, et. al. CIVIL ACTION
Defendants
DEFENDANT CODY FINANCIAL MORTGAGE SERVICES INC.'S
PRELIMINARY OBJECTIONS TO THE PLAINTIFF'S COMPLAINT
AND NOW, come the Defendant, Cody Financial Mortgage Services, Inc., by and
through it's their attorneys, SALZMANN HUGHES, P.C., and preliminarily objects to the
Plaintiff's Complaint as follows:
1. PRELIMINARY OBJECTION PURSUANT TO PA RCP 1028(a)(4) DEMURER LEGAL
INSUFFICIENCY OF PLAINTIFF'S COMPLAINT
1. Defendant Cody Financial preliminarily objects to the plaintiffs Complaint on the
grounds that the plaintiff fails to state a cause of action upon which relief can be granted.
2. The plaintiff commenced this action by filing a Complaint with this Court on or
about July 17, 2008. A copy of the Complaint is attached hereto as Exhibit "A".
3. The Plaintiff alleges in her Complaint that in May of 2006 the Plaintiff entered
into negotiations with Defendants Semancik for the purchase of the subject home upon
completion of the renovations. See the Complaint at paragraph 9.
4. The Plaintiff alleges in her Complaint that at some point in time after negotiations
began and during the Plaintiffs first visit to the property she observed new siding and what was
represented to her to be a new roof. See the Complaint at paragraph 10.
5. The Plaintiff alleges in her Complaint that on her second visit to the property,
Defendants Semancik gave the plaintiff a tour of the home pointing out to her the various
remodeling projects in progress including the bathrooms and kitchen cabinets. See the Complaint
at paragraph 11.
6. The Plaintiff alleges in her Complaint that prior to signing the Agreement of Sale,
plaintiff made another (third) visit to the property where she observed new fixtures, appliances
and a furnace and air conditioner that were all represented to be new., See the Complaint at
paragraph 12.
7. The Plaintiff alleges in her Complaint that an her last visit on June 20, 2006 (the
date the Agreement of Sale was signed) the plaintiff observed the basement for the first time and
observed.a sump pump. See the Complaint at paragraph 14.
8. The Plaintiff alleges in her Complaint that the plaintiff was not represented by a
real estate agent at any time relevant to this action. See the Complaint at paragraph 17.
9. The Plaintiff alleges in her Complaint that the Agreement of Sale was drafted by
Defendants Semancik, and provided for no contingencies including but not limited to inspection
for termites, wood boring insects, radon gas, lead paint or a homeowner's inspection. See the
Complaint at paragraph 19.
2
10. The Plaintiff alleges in her Complaint that the Agreement of Sale, drafted by
Defendants Semancik , specifically stated, "Seller and Purchaser acknowledge that the
residential real estate transfer contemplated herein is excepted under the Real Estate Seller
Disclosure Law, 68 Pa.C.S.A. Section 7301 et. esq. As such Seller will not be completing a
Seller's Property Disclosure Statement. This provision shall survive settlement." See the
Complaint at paragraph 20.
11. The Plaintiff then alleges in her Complaint in paragraph 21 that the Plaintiff
thereafter employed the services of Cody Financial Mortgage Services Inc to perform the
services of a Mortgage Broker on her behalf. See the Complaint at paragraph 21. By inference
and deduction the Plaintiff alleges that all of the occurrences and facts set forth in the plaintiff's
Complaint in paragraphs 1 through 20 occurred prior to the plaintiff employing the services of
Cody Financial, and prior to Cody Financial having any involvement with the plaintiff or the
purchase of the subject property.
12. During the entire negotiation process beginning in May of 2006 and continuing
through June of 2006 the plaintiff was on site at the property no less then four times for various
tours and walk-throughs.
13. The plaintiff voluntarily signed an Agreement of Sale prior to employing the
services of Cody Financial containing the following provision at paragraph 13 of the Agreement.
INSPECTION/WARRANTY. It is understood that Purchaser has inspected the
above referenced to property and is not relying upon any representations made by
Seller or by Seller's agents. Seller agrees to purchase the above described
property "as is", there being no warranties, either express on implied, as to the
condition of the property.
14. The plaintiff voluntarily signed an Agreement of Sale prior to employing the
services of Cody Financial containing the following provision at paragraph 13 of the Agreement.
Seller and Purchaser acknowledge that the residential real estate transfer
contemplated herein is excepted under the Real Estate Seller Disclosure Law, 68
Pa.C.S.A. Section 7301 et. esq. As such Seller will not be completing a Seller's
Property Disclosure Statement. This provision shall survive settlement.
15. Nowhere in the Complaint does the plaintiff allege that Cody Financial advised
her to enter into the Agreement of Sale.
16. The plaintiff alleges her Complaint that at all times relevant to this action Cody
Financial performed services and operated as a mortgage broker on behalf of plaintiff. See the
Complaint at paragraphs 21 and 224.
17. The Plaintiff alleges in her Complaint that the Plaintiff su lied all information
relevant to the securing of a loan, including the Agreement of Sale, to Doris Lindsey, President
of Cody Financial. See the Complaint at paragraph 22.
18. The Plaintiff alleges in her Complaint that Cody Financial engaged Sovereign
Bank as the lender. See the Complaint at paragraph 25.
19. The Plaintiff alleges in her Complaint that Cody Financial thereafter hired Keith
Bolash to provide an appraisal for the property for the purpose of determining a value for the
property required to obtain the loan and complete the purchase process. See the Complaint at
paragraph 29.
20. The Plaintiff alleges in her Complaint that on or about July 9, 2006, Keith Bolash
provided a completed appraisal to Cody Financial and that the appraised value of the property
was $183,000. See the Complaint at paragraphs 30 and 31.
4
21. The Plaintiff alleges in her Complaint that on or about July 11, 2006 the Plaintiff
received a letter from Cody Financial indicating the her loan had been approved and settlement
was to take place on July 17, 2006 with Lakeside Abstract and Settlement, LLC. See the
Complaint at paragraph 39.
22. Paragraphs 16 through 21 of these preliminary objections cite allegations made by
the plaintiff in the plaintiff's Complaint that are limiting by there terms, and said allegations
define the nature of the services provided by Cody Financial as limited to providing services and
operating as a mortgage broker for the plaintiff. In fact, paragraph 17 cites allegations made by
the plaintiff in the plaintiff's Complaint that define the services that the plaintiff believed Cody
Financial was providing as evidenced by the information plaintiff gave to Cody Financial and the
reason stated by the plaintiff for providing said information to Cody Financial.
22. As a general rule in Pennsylvania, a lender and/or mortgage broker does not owe
a fiduciary duty to a borrower.'See GE Capital Mortgage Services Inc v Pinnacle Mortage
Investment Corp., 897 F. Supp. 854 (E.D.Pa. 1995), citing Federal Land Bank of Baltimore v.
Fetner, 269 Pa. Super. 455, 410 A.2d 344 (1979).
23. Generally, in establishing such a relationship, Pennsylvania courts have insisted
upon a strong showing of control to the extent that one party surrenders substantial control over
some portion of his/her affairs to the other. See In re Scott's Estate, 455 Pa. 429, 316 A.2d 883
(1974). See also, Blue Line Coal Company v Equibank, 683 F. Supp. 493 (E.D. Pa. 1998)
24. Nowhere in the plaintiff's Complaint does the plaintiff allege that Cody Financial
had substantial control over some portion of the plaintiff's affairs.
25. Nowhere in the plaintiff's Complaint does the plaintiff allege that Cody Financial
actually exercised substantial control over some portion of the plaintiff's affairs.
5
26. All of the disclosure/failure of disclosure issues raised in the plaintiff s Complaint
involve only the plaintiff and Defendants Semancik d/b/a S&S Real Estate.
27. The plaintiff failed to plead material facts upon which a fiduciary relationship
between and among the plaintiff and Cody Financial can be founded.
28. The plaintiff failed to plead material facts upon which it was reasonable for the
plaintiff to rely upon Cody Financial to provide services beyond the scope of a mortgage broker.
29. The plaintiff failed to plead material facts upon which it was reasonable for the
plaintiff to rely upon Cody Financial to perform the services of an attorney and a real estate
agent for the plaintiff.
30. The plaintiff unilaterally chose not to retain, nor pay for, the services of a real
estate agent or an attorney.
31. The plaintiff failed to plead material facts upon which it was reasonable for the
plaintiff to actually and reasonably rely upon the expertise and guidance of Cody Financial at
any time throughout this transaction for anything other than the mortgage broker services
provided by Cody Financial.
32. The plaintiff failed to plead material facts upon which it could be held that Cody
Financial's actions were fraudulent, willful and malicious and constituted deliberate acts and
omissions having a high probability of harm and reckless indifference to the consequences.
33. The plaintiff failed to plead material facts upon which this court could find that
Cody Financial committed fraud.
34. The plaintiff failed to plead material facts upon which this court could find that
Cody Financial committed a violation of the Unfair Trade Practices Act and the Consumer
Protection Law.
6
35. The plaintiff failed to plead material facts upon which this court could find that
Cody Financial could be held liable for fraudulent inducement.
36. The plaintiff failed to plead material facts upon which this court could find that
Cody Financial could be held liable for fraudulent non-disclosure.
37. The plaintiff failed to plead material facts upon which this court could find that
Cody Financial could be held liable for negligent non-disclosure.
38. The plaintiff failed to plead material facts upon which the plaintiff would be
entitled to punitive damages.
WHEREFORE, Defendant Cody Financial respectfully request that this Court sustain the
Defendant Cody Financial's Preliminary Objections, and dismiss the Plaintiff's Complaint with
prejudice as legally insufficient. Defendant Cody Financial also respectfully request that this
Court award the Defendant costs, attorney's fees, interest and any other relief that this Court
deems just.
II. PRELIMINARY OBJECTION PURSUANT TO PA R C P RULE 1028(a)(2) -
FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT
39. Defendant Cody Financial preliminarily objects to the plaintiffs Complaint on the
grounds that the plaintiff's Complaint fails to conform to Pennsylvania Rule of Civil Procedure
Number 1019(i).
40. The plaintiff raises a claim in her Complaint based upon a writing, the Agreement
of Sale.
41. The plaintiff failed to attach a true, correct and complete copy of the Agreement
of Sale to her Complaint.
7
WHEREFORE, Defendant Cody Financial respectfully request that this Court sustain the
Defendant's Preliminary Objections, and dismiss the Plaintiff s Complaint with prejudice for
failure to conform to a rule of court. Defendant Cody Financial also respectfully request that this
Court award the Defendant costs, attorney's fees, interest and any other relief that this Court
deems just.
Respectfully Submitted,
HUGHES, P
Dated:
1 i?
es D. g , Esquire
Je
Attorr# y I # 58884
Scott B. Granger, Esquire
Attorney ID # 63641
SALZMANN HUGHES, P.C.
354 Alexander Spring Road
Carlisle, Pennsylvania 17015
Phone: (717) 249-6333
Attorneys for Defendants, Thompson
8
VERIFICATION
L Doris Lindsey, hereby certify that the facts set forth in the foregoing Defendant Cody
Financial's Preliminary Objections to the Plaintiffs Complaint are true and correct to the best of my
knowledge, information and belief, and that false statements herein are made subject to the penalties
of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities.
Date: 1
r ? `
C? ?
Doris Lindsey
CERTIFICATE OF SERVICE
AND NOW, this 1 Ith day of August, 2008, I, Scott B. Granger, Esquire, hereby certify
that I served a copy of the within Defendant Cody Financial's Preliminary Objections to the
Plaintiff's Complaint. this day by depositing the same in the United States mail, postage prepaid,
at Wyomissing, Pennsylvania, addressed to:
Susan K. Pickford, Esquire
Scaringi & Scaringi
2000 Linglestown Road, Suite 106
Harrisburg, PA 17110
Attorneys for Plaintiff Lynnea Hall
Dennis Semancik d/b/a S&S Real Estate
4 Umberto Avenue
New Cumberland, PA 17070
Defendant
Andrew Semancik d/b/a S&S Real Estate
1137 Corbett Road
Monkton, MD 21111
Defendant'
Keith Bolash
2199 Canterberry Drive
Mechanicsburg, PA 17055
Defendant
S&S Real Estate
151 Sylvan Terrace
Harrisburg, PA 17104
Defendant
Lakeside Abstract & Settlement, LLC.
101 Front Street, Suite 202
Boiling Springs, PA 17007
Defendant
3CIOLL 0. vranger, Lsquire
Attorney ID # 63641
SALZMANN HUGHES, P.C.
354 Alexander Spring Road
Carlisle, Pennsylvania 17015
Phone: (717) 249-6333
Attorneys for Defendant Cody Financial
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-04282 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
AMERICAN HOME BANK NA
VS
KAUFFMAN STEVE A
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
KAUFFMAN STEVE A but was
unable to locate Him in his bailiwick
rInMDT.A TTTT _ MnD'T VnDV
He therefore returns the
NOT FOUND , as to
the within named DEFENDANT , KAUFFMAN STEVE A
318 EAST NORTH STREET
CARLISLE, PA 17013
PER POST OFFICE, DEFENDANT IS NOT KNOWN AT THAT ADDRESS.
Sheriff's Costs:
Docketing
Service
Affidavit $ia A
Surcharge Do
Not Found
So answers:
18.00 5.00
w --
.00 R. Thomas Kline
10.00 Sheriff of Cumberland County
5.00
38.00 GINGRICH SMITH
08/06/2008
Sworn and Subscribed to before
me this day of
A. D.
Thomas G. Klingensmith, Esquire 2008-04282
Gingrich, Smith, Klingensmith & Dolan
45 East Orange Street
Lancaster, PA 17602
(717)393-3684 FAX (717)393-0653
Attorney I.D. #23239 Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW ORIGINAL
AMERICAN HOME BANK, N.A. 10
Plaintiff No. 2008-04282
vs.
STEVE A. KAUFFMAN
Action in Mortgage
Foreclosure
Defendant
PROOF OF SERVICE
I, Thomas G. Klingensmith, Esquire, of Gingrich, Smith, Klingensmith & Dolan, hereby
certify that on September 5, 2008, I mailed by United States First-Class Mail, the foregoing Notice
of Intention to Take Default Judgment (Important Notice) in the above matter upon the following:
Steve A. Kauffman
1 Cobblestone Drive
Carlisle, PA 17013
Signature:
'&1 oKas G. Kling
Attorney for Plaii
Attorney I.D. #23
Dated: September 5, 2008
r
John M. Smith
Thomas G. Klingensmith
Kevin D. Dolan
Jeffrey S. Shank
Julie M. Cooper
Henry F. Gingrich
(1952-2001)
?
222 South Market Street
Suite 201
P. O. Box 267
Elizabethtown, PA 17022
Phone(717)367-1370
Fax(717)367-3219
?
45 East Orange Street
Lancaster, PA 17602
Phone(717)393-3684
Fax (717) 393-0653
Web Site
WWW.GSKDLAW.COM
Gnqkh, SOW
ATRINISATIAW
September 5; 2008
Steve A. Kauffman
1 Cobblestone Drive
Carlisle, PA 17013
.& Dolan
RE: American Home Bank, N.A.. v. Steve A. Kauffman
Case No. 2008-04282
Dear Mr. Kauffman:
Enclosed you will find a Notice of Intention to Take Default Judgment (Important
Notice), filed this day in the above-captioned matter.
Sincerely,
GINGRICH, SMITH, KLINGENSMITH & DOLAN
j/ Tho lingensmith
TGK/klg
Enclosure
E-mail
gskd@gskdlaw.com
.*-
Thomas G. Klingensmith, Esquire 2008-04282
Gingrich, Smith, Klingensmith & Dolan
45 East Orange Street
Lancaster, PA 17602
(717)393-3684 FAX (717)393-0653
Attorney I.D. #23239 Attorn ey for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN HOME BANK, N.A. ;
Plaintiff No. 2008-04282
vs.
STEVE A. KAUFFMAN
Action in Mortgage
Foreclosure
Defendant
To: Steve A. Kauffman
1 Cobblestone Drive
Carlisle, PA 17013
Date of Notice: September 5. 2008
IMPORTANT NOTICE
Pursuant to Pa.R.C.P. No. 237.1 (a) (2)
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 NOTICE TO A LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE - GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL
HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE. PA 17013,
1-800-990-9108
717-249-3166
Signature:
Thomas G. Klin a #si
Attorney for Plai ff
Attorney I.D. #23239
W
I
1
7Zj
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-04282 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AMERICAN HOME BANK NA
VS
KAUFFMAN STEVE A
MICHAEL BARRICK Sheriff or Deputy Sheriff of
,
Cumberland County,Pennsylvania, who being duly sworn accordingll,to law,
says, the within COMPLAINT - MORT FORE was served upon
KAUFFMAN STEVE A the
DEFENDANT at 0019:17 HOURS, on the 14th day of August 2008
at 318 EAST NORTH STREET
CARLISLE, PA 17013 by handing to
HEATHER FOX-KAUFFMAN WIFE OF DEFENDANT
a true and attested copy of COMPLAINT - MORT FORE together, with
and at the same time directing Her attention to the contents thereof.
II
Sheriff's Costs:
Docketing 18.00
Service 5.00
Affidavit .00
Surcharge 10.00
9 Da10 ?QY' .00
33.00
Sworn and Subscibed to
before me this
day
of
So Answers:
R. Thomas Kline
08/15/2008
GINGRICH SMITH KLINGENSMITH
By.
Deput S eri f
A.D.
I
Thomas G. Klingensmith, Esquire
Gingrich, Smith, Klingensmith & Dolan 2008-04282
45 East Orange Street
Lancaster, PA 17602
(717)393-3684 FAX (717)393-0653
Attorney I.D. #23239
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEAttorneyfor NNSYLVANIA
CIVIL ACTION -LAW
ORIGINAL
AMERICAN HOME BANK, N.A.
Plaintiff No. 2008-04282
vs.
STEVE A. KAUFFMAN Action in Mortgage
Foreclosure
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Please Enter Judgment in favor of Plaintiff and against Defendant in the above-captioned
matter for failure to file an answer to Plaintiff's Complaint within twenty (20) days after service
thereof and assess Plaintiff's damage as follows:
AMOUNT CLAIMED BY PLAINTIFF $128,147.62
5% ATTORNEY COMMISSION $
TOTAL $128,147.62
PURSUANT TO PA R.C.P. 237.1 NOTICE WAS GIVEN TO DEFENDANT ON SEPTEMBER 5,
2008.
Respectfully submitted,
GINGRICN SMITH, KLINGENSMITH & DOLAN
By:
in"s Ui'KlmgeNith, Esquire, I.D. #23239
Attorney for Plaintiff
1
Thomas G. Klingensmith, Esquire
Gingrich, Smith, Klingensmith & Dolan 2048'04282
45 East Orange Street
Lancaster, PA 17602
(717)393-3684 FAX (717)393-0653
Attorney I.D. #23239
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENAttorneyfff
NSYLVrANIAt
CIVIL. ACTION - LAW.
MERICAN HOME BANK, N.A. .
ACOPY
Plaintiff : No. 2008-04282
vs.
STEVE A. KAUFFMAN
Defendant
PROOF OF SERVICE
n r
Action in Mortgae'''
Foreclosure: > -. -
- , c
,-
-_r;-
I, Thomas G. Klingensmith, Esquire, of Gingrich, Smith, Klingensmith & Dolan, hereby
certify that on September 5, 2008, I mailed by United States First-Class Mail, the foregoing Notice
of Intention to Take Default Judgment (Important Notice) in the above matter upon the following:
Steve A. Kauffman
1 Cobblestone Drive
Carlisle, PA 17013
Signature:
Dated: September 5, 2008
Th_ofias G. K
Attorney for ]
Attorney I.D.
2
John M. Smith
Thomas G. Klingensmith
Kevin D. Dolan
Jeffrey S. Shank
Julie M. Cooper
Henry F. Gingrich
(1952-2001)
222 South Market Street
Suite 201
P. O. Box 267
Elizabethtown, PA 17022
Phone (717) 367-1370
Fax (717) 367-3219
+
45 East Orange Street
Lancaster, PA 17602
Phone (717) 393-3684
Fax(717)393-0653
Web Site
WWW.GSKDLAW.COM
E-mail
9skd*gskdlaw.com
ATRM11WffL4W
September 5; 2008
Steve A. Kauffinan
1 Cobblestone Drive
Carlisle, PA 17013
RE: American Home Bank; N.A
Case No. 2008-04282
v. Steve A. Kauffman
Dear Mr. Kauflinan:
Enclosed you will find a Notice of Intention to Take Default Judgment (Important
Notice), filed this day in the above-captioned matter.
Sincerely,
GINGRICH, SMITH, KLINGENSMI TH & DOLAN
'i'h0 ingensmith
TGK/klg
Enclosure
3
Thomas G. Klingensmith, Esquire
Gingrich, Smith, Klingensmith & Dolan 2008-04282
45 East Orange Street
Lancaster, PA 17602
(717)393-3684 FAX (717)393-0653
Attorney I.D. #23239
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ilnornev for ainrifj
PENNSYLVAMA
CIVIL ACTION - LAW
AMERICAN HOME BANK, N.A.
Plaintiff
: No. 2008-04282
vs.
STEVE A. KAUFFMAN
Defendant
Action in Mortgage
Foreclosure
To: Steve A. Kauffman
1 Cobblestone Drive
Carlisle, PA 17013
Date of Notice: September 5 2008
IMPORTANT NOTICE
Pursuant to Pa.R.C.P. No. 237.1(a) (2)
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 TALE THIS NOTICE TO A LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE - GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL
HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
?i
Signature:
' omas G. Kli
Attorney for PI
4 Attorney I.D. #23239
t
o4t
7^
1 v
d
d
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1Ft
ec-
Office of the Prothonotary of Court of Common Pleas of Cumberland County, Pa.
NOTICE OF ENTRY
OF JUDGMENT, ORDER OR DECREE
AMERICAN HOME BANK, N.A. :
Plaintiff ;
vs. 2008-04282
STEVE A. KAUFFMAN Mortgage Foreclosure
Defendant
Pursuant to requirements of Penna. Civil Procedural Rule #236, you are notified that judgment
was entered against you in this office today in the above-captioned case -
X Judgment of $128,147.62 for Plaintiff and against Defendant.
Judgment for Defendant and against Plaintiff.
Order or Decree in favor of
Dated: PROTHONOTARY
/s/ 4"_T? /L a
To: Steve A. Kauffman I A.
1 Cobblestone Drive dv
Carlisle, PA 17013
Defendant
M
s
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
.ERICAN HOME BANK, N.A.
Plaintiff
v.
STEVE A. KAUFFMAN
Defendant
Address: Steve A. Kauffman
1 Cobblestone Drive
Carlisle, PA 17013
Judgment-Execution No. 2008-04282
PRAECIPE FOR WRIT OF EXECUTION
(Mortgage Foreclosure)
To the Prothonotary:
ORIGINAL
Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County,
against Steve A. Kauffinan
and direct the Sheriff to levy on 1 Cobblestone Drive, Carlisle, Pennsylvania, 17013
Amount due ...............................$128,147.62
Interest @ % from $
Total: $128,147.62
plus costs
Dated: October 1, 2008
T$o1ifaffl'. Kling s ith,Atty. for Plaintiff
45 East Orange Street Lancaster, PA 17602
(717)393-3684
I.D. #23239
co
try W
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN HOME BANK, N.A. = ORIGINAL
Plaintiff No. 2008-04282
VS.
Action in
STEVE A. KAUFFMAN Mortgage Foreclosure
Defendant
AFFIDAVIT PURSUANT TO RULE 3129.1
American Home Bank, N.A., plaintiff in the above action, sets forth as of the date the praecipe for
the Writ of Execution was filed the following information concerning the real property located at:
1 Cobblestone Drive, Carlisle, PA 17013, Cumberland County
(See the attached description):
1. Name and address of owner(s) or reputed owner (s):
Name Address (if address cannot be reasonably
ascertained, please so indicate)
Steve A. Kauffman 1 Cobblestone Drive, Carlisle, PA 17013
2. Name and address of defendant(s) in the judgment:
Name Address (if address cannot be reasonably
ascertained, please so indicate)
Steve A. Kauffman 1 Cobblestone Drive Carlisle PA 17013
3. Name and address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
American Home Bank, N.A. 805 Estelle Dr., Suite 101, Lancaster, PA 17601
4. Name and address of the last recorded holder of every mortgage of record:
Name Address (if address cannot be reasonably
ascertained, please so indicate)
American Home Bank, N.A. 805 Estelle Dr., Suite 101, Lancaster, PA 17601
Members First Federal Credit Union 5000 Louise Drive, Mechanicsburg,, PA 17055
. _' , 0"%6
5. Name and address of every other person who has any record lien on the property:
Name Address (if address cannot be reasonably
ascertained, please so 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 Address (if address cannot be reasonably
ascertained, please so indicate)
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
Address (if address cannot be reasonably
ascertained, please so indicate)
(Attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification
to authorities. X
October 1, 2008
Date Plaint ounsel-Thomas G. Klingensmith,
Esq. ID #23239
c_
c:p
-Tj
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN HOME BANK, N.A.
Plaintiff
VS.
STEVE A. KAUFFMAN
Defendant
ORIGINAL
No. 2008-04282
Action in
Mortgage Foreclosure
AFFIDAVIT 3129.2
NOTICE TO DEFENDANT AND
LIEN HOLDERS OF RECORD
STATE OF PENNSYLVANIA )
)SS:
COUNTY OF LANCASTER )
THOMAS G. KLINGENSMITH, ESQUIRE, being duly affirmed according to law, deposes
and says to the best of his knowledge, information and belief, that he is a partner in the law firm of
Gingrich, Smith, Klingensmith & Dolan, which firm has acted as attorneys for American Home
Bank, N.A. in this execution proceeding: that on October 1, 2008, the Plaintiff, by its attorney, gave
written notice ("Notice") to the Defendants by Regular First Class Mail and Certified Mail and the
following lien holders of record in the manner indicated below, in connection with the Sheriff's Sale
scheduled to be held on Wednesday, March 4, 2009 at 10:00 a.m. prevailing time, by
REGULAR MAIL. POSTAGE PREPAID
American Home Bank, N.A Members First Federal Credit Union
805 Estelle Dr., Suite 101 5000 Louise Drive
Lancaster, PA 17601 Mechanicsburg, PA 17055
With a true and correct copy of the Notice that was sent to the Defendant and the lien holders,
the record is attached to and made a part of this Affidavit, sent by United States First-class Mail,
Postage Prepaid.
GINGRICH, SMITH, KLING SMITH & DOLAN
By:
Th ngensmi , Esquire
Attorney for Plaintiff
45 East Orange Street
Lancaster, PA 17602
Telephone: (717)393-3684
ID #23239
Affirmed and subscribed to
before me this 1St day of
October, 2008.
N4"
Not' P
TH OF PENNSYLVANIA
Nnim - sed
Kin, L. Malmo. Notary Pursiic
CRY of Uma w. Lwx=w County
My CommMebn En*w.Arno M.2W9
C> `' 5
=rt
`y D
'R W
John M. Smith
Thomas G. Klingensmith
Kevin D. Dolan
Jeffrey S. Shank
Julie M. Cooper
Henry F. Gingrich
(1952-2001)
222 South Market Street
Suite 201
P. O. Box 267
Elizabethtown, PA 17022
Phone (717) 367-1370
Fax (717) 367-3219
45 East Orange Street
Lancaster, PA 17602
Phone (717) 393-3684
Fax (717) 393-0653
Web Site
WWW.GSKDLAW.COM
E-mail
gskdQgskdlaw.com
ATU*)SATUW
October 1, 2008
Steve A. Kauffinan
1 Cobblestone Drive
Carlisle, PA 17013
Members First Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA 17055
America Home Bank, N.A.
802 Estelle Dr., Suite 101
Lancaster, PA 17601
RE: American Home Bank, N.A. vs. Steve A. Kauffman
Case No. 2008-0428
Dear Sir or Madam:
Please be advised that the Plaintiff has issued a Writ of Execution against Steve A.
Kauffman requesting the Sheriff of Cumberland County to sell the property located
at 1 Cobblestone Drive, Carlisle, Pennsylvania. Enclosed you will find copies of a
Praecipe for Writ of Execution, Writ of Execution, Affidavit 3129.1, Affidavit
3129.2 and Notice Pursuant to PA. R.C.P. 3129 in the above-captioned matter. The
Sheriff Sale is scheduled for Wednesday, March 4, 2009 in the Cumberland County
Courthouse, I Courthouse Square, Carlisle, PA 17013 at 10:00 AM prevailing time.
A schedule of distribution shall be filed by the Sheriff not later than thirty (30) days
after sale and that a distribution will be made in accordance with the schedule unless
exceptions are filed thereto within ten (10) days after the filing of the schedule.
Sincerely,
INGENSMITH & DOLAN
TGK/klg
Enclosures
NOTICE TO LIEN HOLDERS
AMERICAN HOME BANK IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PA
VS. CIVIL ACTION-LAW
STEVE A. KAUFFMAN : NO. 2008-04282 ... ORIGINAL
Defendant
NOTICE PURSUANT TO PA. R.C.P. 3129
NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgages,
judgments or tax liens against the real estate of Steve A. Kauffinan.
American Home Bank, N.A Members First Federal Credit Union
805 Estelle Dr., Suite 101 5000 Louise Drive
Lancaster, PA 17601 Mechanicsburg, PA 17055
You are hereby noticed that on Wednesday, March 4, 2009, at 10:00 A.M., prevailing
time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland
County, Pennsylvania, on the judgment of American Home Bank, N.A. vs. Steve A. Kauffinan
No. 2008-04282, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in
the Sheriff's Office, Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania, 17013, real estate of Steve A. Kauffinan, known and numbered as 1 Cobblestone
Drive, Carlisle, Pennsylvania. A description of said real estate is attached hereto.
You are further notified that a Schedule of Distribution of Proposed Distribution will be
filed by the Sheriff of Cumberland County not later than 30 days after sale, and distribution will
be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days
thereafter.
You are further notified that the lien you hold against said real estate will be divested by
the sale and that you have an opportunity to protect your interest, if any, by being notified of said
Sheriff's Sale. \
Date: October 1, 2008 GINGRICH,
By:
Thomas G. Klinj
45 East Orange
Lancaster, PA 1
(717)393-3684
I.D. #23239
ENSMITH & DOLAN
Esquire
ALL the following described real estate lying and being situate in South
Middleton Township, Cumberland County, Pennsylvania, more particularly described as
follows:
BEGINNING at a point on the eastern dedicated right of way line of Petersburg
Road, (SR 2001) at the southwest corner of Lot 28 as shown on the above-described
subdivision plan; thence by Lot 28, South 84 degrees 11 minutes 1 second East 167 feet
to a point on the western right of way line of Flagstone Drive, 50-foot wide right of way;
thence by the western right of way line of Flagstone Drive, South 5 degrees 48 minutes
59 seconds West 66.84 feet to a point on the intersection of the western right of way line
of Flagstone Drive with the northern right of way line of Cobblestone Drive, 50-foot
wide right of way; thence by said intersection by a curve to the right having a radius of 25
feet, an arc distance of 36.3 feet to a point on the northern right of way line of
Cobblestone Drive; thence by said right of way line, South 89 degrees 0 minutes 12
seconds West 55.62 feet to a point; thence continuing by said right of way line, by a
curve to the right having a radius of 175 feet, an arc distance of 19.92 feet to a point;
thence continuing by said right of way line, South 84 degrees 28 minutes 32 seconds
West 44.74 feet to a point at the intersection of the northern right of way line of
Cobblestone Drive with the eastern dedicated right of way line of Petersburg Road;
thence by said intersection, by a curve to the right having a radius of 25 feet, an arc
distance of 39.4 feet to a point on the eastern dedicated right of way line of Petersburg
Road; thence by said dedicated right of way line, North 5 degrees 48 minutes 59 seconds
East 74.73 feet to a point on said dedicated right of way line, the point and place of
beginning, containing 0.3657 acres, or 15,931.13 square feet.
BEING designated Lot 27 on plan of lots for Cobblestone Estates, Sheet No. 2,
recorded in Cumberland County, Pa., Plan Book 70, Page 130A.
THE above-described real estate is the same which Rine and Rine Builders, a
Pennsylvania general partnership by deed dated August 15, 2002, and recorded in
Cumberland County Deed Book 253, Page 1029, conveyed to Steve A. Kauffman.
SUBJECT to all conditions, restrictions and reservations of record.
PARCEL ID NO.: 40-24-0758-218
SEIZED IN EXECUTION as the property of STEVE A. KAUFFMAN on
Judgment No. 2008-04282.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N0084282 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due AMERICAN HOME BANK, N.A., Plaintiff (s)
From STEVE A. KAUFFMAN
(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 gamishee(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 $128,147.62 L.L.$ 0.50
Interest
Atty's Comm % Due Prothy $2.00
Atty Paid $190.00 Other Costs
Plaintiff Paid
Date: 10/02/08
Prothonotary
(Seal)
REQUESTING PARTY:
Name: THOMAS G. KLINGENSMITH, ESQUIRE
Address: GINGRICH, SMITH, KLINGENSMITH & DOLAN
45 EAST ORANGE STREET
LANCASTER, PA 17602
Attorney for: PLAINTIFF
Telephone: 717-393-3684
By:
Deputy
Supreme Court ID No. 23239
NOV-17-2008 MON 12:33 PM GINRIM SMITULINGENSMI FAX NO. 7173930653 P. 02
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN HOME BANK, N.A.
Plaintiff
No. 2008-04282
vs.
: Action in Mortgage
STEVE A. KAUFFMAN Foreclosure
Defendant
Address: 1 Cobblestone Drive, Carlisle, PA 17013
NOTICE OF SHERIFF'S SALE OF REAP. PROPERTY PURSUANT TO
PENNSYL VANYA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriff s Sale of Real Property (real estate) will be held on Wednesday, March 4,
2009, in the Sheriffs Office, Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania 17013 at 10:00 a.m., prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land. (SEE
ATTACHED DESCRIPTION)
THE LOCATION of the property to be sold is:
1 Cobblestone Drive, Carlisle, PA
THE JUDGMENT under or pursuant to which your property is being sold is docketed in
the within Commonwealth and County to:
No. 2008-04282
THE NAME(S) of the OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY:
Steve A. Kauffman
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received
and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities
1
NOV-17-2008 MON 12:34 PM GINRICH,SMITULINGENSMI FAX NO. 7173930653 P. 03
that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless
someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information
about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common
Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse, 1 Courthouse
Square, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OP THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause
your property to be held to be sold or taken to pay the judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County to open
the judgment if you have a meritorious defense against the person or company that has entered
judgment against you. You may also file a petition with the same Court if you are aware of a
legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of
Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause.
This petition must be filed before the Sheriffs deed is delivered.
3. A petition or petitioner raising the legal issues or rights mentioned in the preceding
paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the
Court's regularly scheduled Business Court sessions. The petition must be served on the attorney
for the creditor at least three (3) business days before presentation to the Court and a proposed
order or rule must be attached to the petition. If a specific return date is desired, such date must
be obtained from the Court Administrator's Office, Cumberland County Courthouse, 1
Courthouse Square, Carlisle, PA 17013, before presentation of the petition to the Court.
A copy of the Writ of Execution is attached hereto.
2
NOV-17-2008 MON 12:34 PM GINRICH,SMITH,KLINGENSMI FAX NO. 7173930653 P. 04
GINGRICH, SMUH, KL'1NGENSMITXI & DOLAN
By:
Thomas G. Klingensmith, Esq.
Attorney for Plaintiff
45 East Orange Street
Lancaster, PA 17602
Attorney I.D. #23239
3
NOV-17-2008 MON 12:34 PM GINRIM SMITH A INGENSMI FAX NO. 7173930653 P. 05
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WRIT OF EXECUTION - (Mortgage Foreclosure)
(Pa. R. C. P. 3180 to 3183, and 3257)
AMERICAN HOME BANK, N.A.
Plaintiff
vs.
STEVE A. KAUFFMAN
Defendant
Judgment/Execution No. 2008-04282
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TO THE SHERIFF OF CUMBERAND COUNTY, PENNSYLVANIA:
To satisfy the judgment, interest and costs in the above matter you are directed to levy
upon and sell the propery described below.
Steve A. Kauffman: 1 Cobblestone Drive, Carlisle, PA, 1.7013, Cumberland County.
Amount Due .................. $128,147.62
Dated: October 1, 2008 Interest from to ............$
Present
Prothy. Costs ................. $
Sheriff's Costs ............... $
Thomas G. Klingensmith, Esquire
Attorney for Plaintiff
45 East Orange Street
Lancaster, PA 17602
(717)393-3684
(SEAL)
By:
Prothonotary, Court of Common Pleas
of Lancaster County, Pennsylvania
Deputy Prothonotary
?R
u J
?? ?ri
American Home Bank, N.A.
VS
Steve A. Kauffman
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2008-4282 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per letter of request from Attorney Thomas Klingensmith.
Sheriff s Costs:
Docketing 30.00
Poundage 21.24
Posting Bills 15.00
Advertising 15.00
Law Library .50
Prothonotary 2.00
Milage 4.50
Levy 15.00
Patriot News 465.71
Cumberland Law Journal 479.00
Surcharge 20.00
Share of Bills 15.52
1083
47
?
. ?o?
So Answers:
R Thomas line, S
BY
Real Estate Coordinator
n - ! ,? ,I G" `f 1 16
i 6,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN HOME BANK, N.A. :
P96 COPY
laintiff No. 2008-04282
vs.
Action in
STEVE A. KAUFFMAN Mortgage Foreclosure
Defendant
AFFIDAVIT PURSUANT TO RULE 3129.1
American Home Bank, N.A., plaintiff in the above action, sets forth as of the date the praecipe for
the Writ of Execution was filed the following information concerning the real property located at:
1 Cobblestone Drive, Carlisle, PA 17013, Cumberland County
(See the attached description):
1. Name and address of owner(s) or reputed owner (s):
Name Address (if address cannot be reasonably
ascertained, please so indicate)
Steve A. Kauffman 1 Cobblestone Drive, Carlisle, PA 17013
2. Name and address of defendant(s) in the judgment:
Name Address (if address cannot be reasonably
ascertained, please so indicate)
Steve A. Kauffman 1 Cobblestone Drive, Carlisle, PA 17013
3. Name and address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name Address (if address cannot be reasonably
ascertained, please so indicate)
American Home Bank, N.A. 805 Estelle Dr., Suite 101, Lancaster, PA 17 601
4. Name and address of the last recorded holder of every mortgage of record:
Name Address (if address cannot be reasonably
ascertained, please so indicate)
American Home Bank, N.A. 805 Estelle Dr., Suite 101, Lancaster, PA 17601
Members First Federal Credit Union 5000 Louise Drive, Mechanicsburg, PA 170 55
Name and address of every other person who has any record lien on the property:
Name
Address (if address cannot be reasonably
ascertained, please so 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
Address (if address cannot be reasonably
ascertained, please so indicate)
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
Address (if address cannot be reasonably
ascertained, please so indicate)
(Attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 PA. C.S. Section 4904 relating to unworn falsification
to authorities.
October 1, 2008
Date PlaintfffW l ounsel-Thomas G. Klingensmith,
Esq. ID #23239
NOTICE TO LIEN HOLDERS
AMERICAN HOME BANK
VS.
STEVE A. KAUFFMAN
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
CIVIL ACTION-LAW ?.
NO. 2008-04282 COPY
NOTICE PURSUANT TO PA. R.C.P. 3129
NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgages,
judgments or tax liens against the real estate of Steve A. Kauffman.
American Home Bank, N.A Members First Federal Credit Union
805 Estelle Dr., Suite 101 5000 Louise Drive
Lancaster, PA 17601 Mechanicsburg, PA 17055
You are hereby noticed that on Wednesday, March 4, 2009, at 10:00 A.M., prevailing
time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland
County, Pennsylvania, on the judgment of American Home Bank, N.A. vs. Steve A. Kauffman
No. 2008-04282, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in
the Sheriff's Office, Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania, 17013, real estate of Steve A. Kauffman, known and numbered as 1 Cobblestone
Drive, Carlisle, Penns lam. A description of said real estate is attached hereto.
You are further notified that a Schedule of Distribution of Proposed Distribution will be
filed by the Sheriff of Cumberland County not later than 30 days after sale, and distribution will
be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days
thereafter.
You are further notified that the lien you hold against said real estate will be divested by
the sale and that you have an opportunity to protect your interest, if any, by being notified of said
Sheriff s Sale.
Date. October 1, 2008 GINGRICH,
By:
Thomas G. Klinj
45 East Orange ;
Lancaster, PA 1
(717)393-3684
I.D. #23239
& DOLAN
th, Esquire
ALL the following described real estate lying and being situate in South
Middleton Township, Cumberland County, Pennsylvania, more particularly described as
follows:
BEGINNING at a point on the eastern dedicated right of way line of Petersburg
Road, (SR 2001) at the southwest corner of Lot 28 as shown on the above-described
subdivision plan; thence by Lot 28, South 84 degrees 11 minutes 1 second East 167 feet
to a point on the western right of way line of Flagstone Drive, 50-foot wide right of way;
thence by the western right of way line of Flagstone Drive, South 5 degrees 48 minutes
59 seconds West 66.84 feet to a point on the intersection of the western right of way line
of Flagstone Drive with the northern right of way line of Cobblestone Drive, 50-foot
wide right of way; thence by said intersection by a curve to the right having a radius of 25
feet, an arc distance of 36.3 feet to a point on the northern right of way line of
Cobblestone Drive; thence by said right of way line, South 89 degrees 0 minutes 12
seconds West 55.62 feet to a point; thence continuing by said right of way line, by a
curve to the right having a radius of 175 feet, an arc distance of 19.92 feet to a point;
thence continuing by said right of way line, South 84 degrees 28 minutes 32 seconds
West 44.74 feet to a point at the intersection of the northern right of way line of
Cobblestone Drive with the eastern dedicated right of way line of Petersburg Road;
thence by said intersection, by a curve to the right having a radius of 25 feet, an arc
distance of 39.4 feet to a point on the eastern dedicated right of way line of Petersburg
Road; thence by said dedicated right of way line, North 5 degrees 48 minutes 59 seconds
East 74.73 feet to a point on said dedicated right of way line, the point and place of
beginning, containing 0.3657 acres, or 15,931.13 square feet.
BEING designated Lot 27 on plan of lots for Cobblestone Estates, Sheet No. 2,
recorded in Cumberland County, Pa., Plan Book 70, Page 130A.
THE above-described real estate is the same which Rine and Rine Builders, a
Pennsylvania general partnership by deed dated August 15, 2002, and recorded in
Cumberland County Deed Book 253, Page 1029, conveyed to Steve A. Kauffinan.
SUBJECT to all conditions, restrictions and reservations of record.
PARCEL ID NO.: 40-24-0758-218
SEIZED IN EXECUTION as the property of STEVE A. KAUFFMAN on
Judgment No. 2008-04282.
NOV-17-2008 MON 12:33 PM GINRIM SMITULINGENSMI FAX NO, 7173930653 P. 02
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- LAW
AMERICAN HOME BANK, N.A.
Plaintiff
vs.
STEVE A. KAUFFMAN
Defendant
Address: 1 Cobblestone Drive, Carlisle, PA 17013
: No. 2008-04282
Action in Mortgage
Foreclosure
NOTICE OF SHERIFF'S SALE OF REAP. PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriff s Sale of Real Property (real estate) will be held on Wednesday, March 4,
2009, in the Sheriffs Office, Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania 17013 at 10:00 a.m., prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land. (SEE
ATTACHED DESCRIPTION)
THE LOCATION of the property to be sold is:
1 Cobblestone Drive, Carlisle, PA
THE JUDGMENT under or pursuant to which your property is being sold is docketed in
the within Commonwealth and County to:
No. 2008-04282
THE NAME(S) of the OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY:
Steve A. Kauffman
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received
and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities
N1V-;.7-2008 MON 12:34 PM GINRICH,SMITULINGENSMI FAX NO. 7173930853 P. 03
that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless
someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information
about the Schedule of Distribution may be obtained from the Sheriff' of the Court of Common
Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse, 1 Courthouse
Square, Carlisle, Pennsylvania. 17013.
THIS PAPER IS A NOTICE OF THE TIME A" PLACE OF THE SALE OF
YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause
your property to be held to be sold or taken to pay the judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County to open
the judgment if you have a meritorious defense against the person or company that has entered
judgment against you. You may also file a petition with the same Court if you are aware of a
legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of
Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause.
This petition must be filed before the Sheriffs deed is delivered.
3. A petition or petitioner raising the legal issues or rights mentioned in the preceding
paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the
Court's regularly scheduled Business Court sessions. The petition must be served on the attorney
for the creditor at least three (3) business days before presentation to the Court and a proposed
order or rule must be attached to the petition. If a specific return date is desired, such date must
be obtained from the Court Administrator's Office, Cumberland County Courthouse, 1
Courthouse Square, Carlisle, PA 17013, before presentation of the petition to the Court.
A copy of the Writ of Execution is attached hereto.
2
NOV-17-2C08 MON 12-:34 PM GINRICH,SMITH,KLINGENSMI FAX NO. 7173930653 P. 04
GINGRICH,
By.
5-homas G. Klingensmith, Esq.
Attorney for Plaintiff
45 East Orange Street
Lancaster, PA 17642
Attorney I.D. #23239
&c DOLAN
NOV-17-2CCY MON 12:34 PM GINRIM SMITULINGFNSMI FAX NO. 7173930653 P. 05
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WRIT OF EXECUTION - (Mortgage Foreclosure)
(Pa. R. C. P. 3180 to 3183, and 3257)
AMERICAN HOME BANK, N.A.
Plaintiff
Judgment/Execution No. 2008-04282
VS.
STEVE A. KAUFFMAN
Defendant
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TO THE SHEER:IEF OF CUMBERLAND COUNTY, PENNSYLVANIA:
To satisfy the judgment, interest and costs in the above matter you are directed to levy
upon and sell the property described below.
Steve A. Kauffman: 1 Cobblestone Drive, Carlisle, PA, 1.7013, Cumberland County.
Amount Due .................. $128,147.62
Dated: October 1, 2008 Interest from to ............$
Present
Prothy. Costs ................. $
Sheriff's Costs ............... $
Thomas G. Klingensmith, Esquire
Attorney for Plaintiff
45 East Orange Street
Lancaster, PA 17602
(717)393-3684
(SEAL)
Prothonotary, Court of Common Pleas
of Lancaster County, Pennsylvania
By:
Deputy Prothonotary
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N0084282 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due AMERICAN HOME BANK, N.A., Plaintiff (s)
From STEVE A. KAUFFMAN
(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 $128,147.62
Interest
Atty's Comm %
Atty Paid $190.00
Plaintiff Paid
Date: 10/02/08
L.L.$ 0.50
Due Prothy $2.00
Other Costs
rothonotary
By:
(Seal)
Deputy
REQUESTING PARTY:
Name: THOMAS G. KLINGENSMITH, ESQUIRE
Address: GINGRICH, SMITH, KLINGENSMITH & DOLAN
45 EAST ORANGE STREET
LANCASTER, PA 17602
Attorney for: PLAINTIFF
Telephone: 717-393-3684
Supreme Court ID No. 23239
Real Estate Sale #42
On November 14, 2008 the Sheriff levied upon the
defendant's interest in the real property situated in
South Middleton Township, Cumberland County, PA
Known and numbered as 1 Cobblestone Drive, Carliale
more fully described on Exhibit "A" ?-?
filed with this writ and by this reference j
VTI\
incorporated herein.
Date: November 14, 2008 By: `
Real Estate Sergeant
Th3 Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8213
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
ch( pNow you know
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY
REAL ESTATE SALE NO. 42
Writ No. 2008-4282 Civil Term
American Home Bank, N.A.
VS
Steve A. Kauffman
Attorney Thomas Klingensmith
LEGAL DESCRIPTION
ALL the following described real estate, lying
and being situate in South Middleton Township,
Cumberland County, Pennsylvania, more
particularly described as follows:
BEGINNING at a point on the eastern
dedicated rigbCof way line of Petersburg ]toad,
(SR 2001) at the southwest corner of Lot 28 as
shown on the above-described subdivision plan;
thence by Lot 28, South 84 degrees I1 minutes I
second East 167 feet to a point on the western
right of way line of Flagstone: Drive, 50-foot
wide right of way; thence by the -stem right of
way line of Flagstone Drive, South 5 degrees 48
minutes 59 seconds West 66.84 feet to a point on
the intersection of the western right of"way line
of Flagstone Drive with the northern right of
way line of Cobblestone Drive, 50-foot wide
right of way; thence by said intersection by a
curve to the right having a radius of 25 feet, an
arc distance of 363 feet to a point on the
northern right of way lice of Cobblestone Drive;
thence by said right of way line, South 89
degrees 0 minutes 12 seconds West 55.62 feet to
a point; thence conlinuing by said right of way
he, by a curve to the right having a radius of
175 feet, an arc distance of 19.92 feet to a point;
thence continuing by said right of way line,
South 84 degrees 28 minutes 32 seconds West
44.74 feet t0 a point at the intersection of the
northern right of way line of Cobblestone Drive
with the eastern dedicated right of way line of
Petersburg Road; thence by said intersection, by
a curve to the right having a radius of 25 feet, an
arc distance of 39.4 feet to a point on the eastern
dedicated right of way line of Petersburg Road;
thence by said dedicated right of way line, North
5 degrees 48 minutes 59 seconds East 74.73 feet
to a point on said dedicated right of way line, the
point and place of beginning, containing 0.3657
acres, or 15,931.13 square feet.
BEING designated Lot 27 on plan of lots for
Cobblestone Estates, Sheet No. 2, recorded in
Cumberland County, Pa., Plan Book 70, Page
130A.
THE above-described real estate is the same
which Rine and Rine Builders, a Pennsylvania
general partnership by deed dated August 15,
This ad ran on the date(s) shown below:
01121/09
01128/09
02/04/09
Sworn to and hu ribed before me this 25 day of February, 2009 A.D.
Notary Public
COMMONWEALTH QF PENNSYLVANIA
Not?dal Seal
Shame L. K srer rotary Public
City Of Hamst-urg, Dauphin County
My Commisg on Expires Nov. 26, 2011
Member, Pennsylva ?:+ fi::goGatkm of Notaries
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their rel
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 i
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 statemen
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally b
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of D
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY
REAL ESTATE SALE N0.42
Writ No. 2008.4282 Clyll Term
Amerlean Home Bank, N.A.
VS
Steve A. Kauffman
Attomey Thomas Klingensmith
LEGAL DESCRIPTION
ALL the following described real estate lying
and being situate in South Middleton Township,
Cumberland Couutyy Peonsylvatia, more
particularly described as follows:
BEGINNING at a point on. the eastern
dedicated right_of way line of Petersburg Road,
(SR 2001) at the southwest coiner of Lot 28 as
shown on the above-described subdivision plan;
thcoce by Lot 28, South 84 degrees 11 minutes 1
second East 167 feet to a point on the western
right of way line of Flagstone Drive, 50-foot
wide right of way; thence by the westem right of
way line of Flagstone Drive, South 5 degrees 48
minutes 59 seconds West 66.84 feet to a point on
the intersection of the western right of way line
of Flagstone Drive with the noribem right of
way line of Cobblestone Drive, 50-foot wide
right of way; thence by said intersection by a
curve to the right having a radius of 25 fear, an
arc distance of 363 feet to a point on the
northern right of way line of Cobblestone Drive;
thence by said right of way line, South 89
degrees 0 minutes 12 seconds West 55.62 feet to
a point; dtence continuing by said right of way
line, by a curve to the right having a radius of
175 feet, an are distance of 19.92 feet to a point;
thence continuing by said right of way line,
South 84 degrees 28 minutes 32 seconds West
44.74 feet to a point, at the intersection of the
northern right of way line of Cobblestone Drive
with the eastern dedicated right of way line of
Petersburg Road; thence by said intersection, by
a curve to the right having a radius of 25 feet, an
arc distance of 39.4 feet to a point on the eastern
dedicated right of way line of Petersburg Road;
thence by said dedicated tight of way line, North
5 degrees 48 minutes 59 seconds East 74.73 feet
to a pant on said dedicated right of way line, the
point and place of beginning, containing 0.3657
acres, or 15,931.13 square feet.
BEING designatdd Lot 27 on plan of lots for
Cobblestone Estates, Sheet No. 2, recorded in
Cumberland County, Pa., Plan Book 70, Page
130A.
THE above-described real estate is'the same
-which Rine and Rine Builders, a Pennsylvania
general partnership by deed data! August 15,
2002, and recorded in Cumberland County Deed
Book 253, Page 1029, conveyed to Steve A.
Kauffman.
SUBJECT to all conditions, restrictions and
reservations of record.
PARCEL ID NO.: 40-240758-218
SEIZED IN EECU1TON as the property of
STEVE A. KAUFFMAN on Judgment No.
2008-04282:
This ad ran on the date(s) shown below:
01/21/
01/28/
02/04/
.............y- ......
Sworn to and Wu 'ribed before me this 25 day df gebruary, 2009 A.D.
A
i
Notary Public
COMMONWEA'LTY OF PENNSYLVANIA
Nota +iai Sr al
Sherrie L. KisneT. Notary Public
City Of Harrishurg, Dauphin County
W Con nilmor Expires Nov. A 2011
Member, Pennsylvari,,, 4o-mocistlon of Notaries
?-77
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:
January 30, February 6, and February 13, 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.
?----
1 /7
isa Marie Co , Editor
SWORN TO AND SUBSCRIBED before me this
13 day of February 13, 2009
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
MY Commission Expires Apr 28, '2010
RRAL Xd iATX &US NO. 4Z
Writ No. 2008-4282 Civil
American Home Bank, N.A.
vs.
Steve A. Kauffman
Atty.: Thomas Klingensmith
ALL the following described real
estate lying and being situate in
South Middleton Township, Cum-
berland County, Pas msylvaa* more
particularly described as
BE GINNING at a point on tht
eastern dedics0ed right of wsW lie
of Petersburg Pkad, (ft 20011 M &t
southwest corner of Lot 28 ear obwm
on the above-described subdivision
plan; thence by Lot 28, South 84 de-
grees 11 minutes 1 second East 167
feet to a point on the western right
of way line of Flagstone Drive, 50-
foot wide right of way; thence by the
western right of way line of Flagstone
Drive, South 5 degrees 48 minutes 59
seconds West 66.84 feet to a point on
the intersection of the western right
of way line of Flagstone Drive with the
northern right of way line of Cobble-
stone Drive, 50-foot wide right of way;
thence by said intersection by a curve
to the right having a radius of 25 feet,
an arc distance of 36.3 feet to a point
on the northern right of way line of
Cobblestone Drive; thence by said
right of way line, South 89 degrees
0 minutes 12 seconds West 55.62
feet to a point; thence continuing
by said right of way line, by a curve
to the right having a radius of 175
feet, an are distance of 19.92 feet to
a point; thence continuing by said
right of way line, South 84 degrees
28 minutes 32 seconds West 44.74
feet to a point at the intersection
of the northern right of way line of
Cobblestone Drive with the eastern
dedicated right of way line of Peters-
burg Road; thence by said intersec-
tion, by a curve to the right having
a radius of 25 feet, an are distance "
of 39.4 feet to a point on the eastern
dedicated right of way line of Peters-
burg Road; thence by said dedicated
right of way line, North 5 degrees 48
minutes 59 seconds East 74.73 feet
to a point on said dedicated right of
way line, the point and place of be-
ginning, containing 0.3657 acres, or
15,931.13 square feet.
BEING designated Lot 27 on plan
of lots for Cobblestone Eststm Sheet
ft 2.1 ecard0 in Cumbw%wd Cotm-
ty, PkL, Plan book 70, Pop 13M.
THE eb ont-dCKTft d ""s
the sMme whi& line asd 1"e lbald`
ers, a PWnqYW=da go"* 1P '
ship by deed dated August 13, 2002,
and recorded in Cumberland County
Deed Book 253, Page 1029, conveyed
to Steve A. Kauffman.
SUBJECT to all conditions, re-
strictions and reservations of rec-
ord.
PARCEL ID NO.: 40-24-0758-
218.
SEIZED IN EXECUTION as the
nronerty of STEVE A. KAUFFMAN nn
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN HOME BANK, N.A. .. ORIGINAL
Plaintiff No. -04282
vs.
STEVE A. KAUFFMAN
Defendant
PRAECIPE
TO THE PROTHONOTARY:
To
Action in Mortgage
Foreclosure
Please withdraw the above-cited Foreclosure Action.
Prothonotary
Respectfully submitted,
GINGRICH, S H, KL ENSMITH & DOLAN
By:
T as G. Klingensmith, Esquire, ID#23239
Attorney for Plaintiff
45 East Orange Street
Lancaster, PA 17602
(717)393-3684
Dated: March 10, 2009
:.
R ''', `
o