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HomeMy WebLinkAbout08-6995 AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 08 - (a9t?5 Civil erN'l TROY A. ECKENRODE and WENDY ECKENRODE, Defendants. CIVIL ACTION -- LAW Action in Mortgage Foreclosure Instrument No. 200731497 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 is served, by entering a written appearance either personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice, for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money, property, and/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 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY THIS PLEADING IS NOT, AND SHOULD NO BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT RATHER AS A PROCEEDING TO ENFORCE A VALID LIEN AGAINST PROPERTY WHICH LIEN SURVIVES BANKRUPTCY DISCHARGE. 35030.1 ti AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, Plaintiff, : PENNSYLVANIA VS. TROY A. ECKENRODE and WENDY ECKENRODE, No. Defendants. : CIVIL ACTION -- LAW Action in Mortgage Foreclosure Instrument No. 200731497 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandadas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir del la fecha del la demandada y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entrgar a la corte en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede decidir a favor del demandante y requiere que usted compla con todas las provisiones de esta demandada. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY THIS PLEADING IS NOT. AND SHOULD NO BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT. BUT RATHER AS A PROCEEDING TO ENFORCE A VALID LIEN AGAINST PROPERTY, WHICH LIEN SURVIVES BANKRUPTCY DISCHARGE. 35030.1 AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 44 North Sixth Street P.O. Box 8521 Reading, PA 19603 [610] 374-8211 Fax [610] 372-2361 Attorney for Plaintiff File No. L08999-0037 AGFS Account No. 13517058 E-mail: cnpage@abcglaw.com AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 0 V - TROY A. ECKENRODE and WENDY ECKENRODE, Defendants. : CIVIL ACTION -- LAW Action in Mortgage Foreclosure Instrument No. 200731497 THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in the Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Defendant(s), within thirty (30) days after receipt of this notice, dispute(s) the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume said debt is valid. If the Defendant(s) notify/ies the undersigned attorney in writing within the said thirty (30)-day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney will obtain written verification of the debt from the Plaintiff and mail the same to the Defendant(s). Upon written request by the Defendant(s) to the undersigned attorney within said thirty (30)- day period, the undersigned attorney will provide the Defendant(s)I th the name and address of the original creditor, if different from the Plaintiff. n _ Esquire for P 35030.1 r AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L08999-0037 P.O. Box 8521 Reading, PA 19603 [610] 374-8211 AGFS Account No. 13517058 Fax [610] 372-2361 E-mail: cnpage nabcglaw.com AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. TROY A. ECKENRODE and WENDY ECKENRODE, Defendants. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION -- LAW Action in Mortgage Foreclosure Instrument No. 200731497 COMPLAINT PLAINTIFF, American General Consumer Discount Company, by and through its undersigned attorneys, respectfully represents that: 1. Plaintiff, American General Consumer Discount Company, is a Pennsylvania financing corporation which maintains a branch office at 801 Wayne Avenue, Chambersburg, Franklin County, Pennsylvania 17201. 2. Defendants are Troy A. Eckenrode and Wendy Eckenrode, adult individuals, husband and wife, residing at 313 Walnut Dale Road, Shippensurg, Cumberland County, Pennsylvania 17257 (the "Mortgaged Premises"). 3. Defendant Troy A. Eckenrode holds fee simple title to the Mortgaged Premises by virtue of a deed dated February 10,2006 and recorded February 23, 2006 at Deed Book Volume 273, page 1369 et seq., Cumberland County Records. 35030.1 -1- r Defendant Wendy Eckenrode is named a Defendant by reason of her status as the spouse of Defendant Troy A. Eckenrode. 4. An abbreviated narrative legal description of the Mortgaged Premises is attached hereto, marked Exhibit A and incorporated by reference. 5. On August 2, 2007, in consideration of a credit accommodation in the form of an $81,901.83 home equity loan, Defendant Troy A. Eckenrode executed and delivered to the Plaintiff (a) an American General Loan Agreement and Disclosure Statement in the original principal amount stated above, payable in monthly installments of principal and interest as stated and disclosed therein (the "Note"), and (b), as collateral security for repayment of all sums borrowed pursuant to the Note, a mortgage dated August 2, 2007 and recorded August 10, 2007 as Instrument No. 200731497, Cumberland County Records (the "Mortgage"). 6. True and correct copies of the Note and the Mortgage (relevant portions only; full documents available to any party in interest on request) are attached hereto, collectively marked Exhibit B, and incorporated by reference. 7. The Plaintiff is the owner and holder of the Mortgage and the Note, having subsequently assigned the same to no other party. 8. Defendant Troy Eckenrode is in default of his obligations to the Plaintiff as owner and holder of the Mortgage and the Note by reason of failure to pay installments of principal and interest when due, from April 2008 through the date of this Complaint. 9. The following amounts are therefore due and owing on the Note and the Mortgage, as of November 21, 2008: Principal Debt: ........................ $84,878.93 35030.1 -2- r Accrued Interest through 11/21/2008 ........ 3,468.62 Late Charges ............................. 236.67 Other Charges ............................ 400.00 Reasonable Attorney Fees (5%)* ........... 49243.95 TOTAL AMOUNT DUE ......... $93.228.17 *(NOTE that the indicated sum (5.00% of the principal debt) reflects a maximum amount that the Plaintiff may claim for its attorney fees in the event of a third-party execution sale only, based upon provisions in both the Mortgage and the Note for payment of "reasonable" attorney fees by the Defendant in the event of default and collection activity. If the Defendant reinstates the account, attorney fees will be based upon work actually performed by Plaintiff's counsel.) 10. In addition, interest at the rate of $28.20021 per day on the unpaid principal balance will continue to accrue from November 22, 2008 until this matter is concluded, either by settlement or by litigation to judgment and sheriff's execution sale. Any payments which are allowable under the Mortgage or the Note and necessary to protect the Plaintiff's interest in the Mortgaged Premises, including without limitation real estate taxes due or to become due, fire or homeowners' insurance premiums, or any other reasonable costs necessary to protect the Mortgaged Premises from waste or vandalism, shall also become due and owing from the Defendant to the Plaintiff as and when expended by the Plaintiff. 11. The Plaintiff has given notice to Defendant Troy A. Eckenrode of its intention to initiate these proceedings, by simultaneous first-class mail and certified mail, first-class postage prepaid, as follows: Pursuant to the provisions of Act 91 of the Pennsylvania General Assembly dated December 23, 1983, ("The Emergency Mortgage Relief Act,") and the Act of March 14, 1978 (P.L. 11, No. 6)("Act 6"), a notice in the combined form prescribed by Title 12, Chapter 31 of the Pennsylvania 35030.1 -3- w Code (the "Pre-Foreclosure Notice") was mailed by regular first-class mail and by certified mail, return receipt requested, to Defendant Troy A. Eckenrode at the Mortgaged Premises under date of October 3, 2008. A true and correct copy of the Pre-Foreclosure Notice, with copies of mailing receipts, is attached hereto, marked Exhibit C and incorporated by reference. The Defendant has not responded to the Pre-Foreclosure Notice. WHEREFORE, the Plaintiff prays for the entry of judgment, in rem only, in favor of the Plaintiff and against the Defendants, jointly and severally, in the sum of $93,228.17, together with interest at the daily rate of $28.20021 from November 22, 2008, and costs of suit as they appear of record, any taxes, assessments and other similar charges, and for foreclosure and sale of the Mortgaged Premises as defined above. Dated: November 21, 2008. 35030.1 AUSTIN, BOLAND, CONNOR & GIORGI By -4- Exhibit A November 21, 2008 (One page) I. Repoat Number 1472151 717-263-1033 >> 610 372 2361 Exhibit A 2008-10-01 14:46 AGFS 1499 Chambersbu 00-07-17 17:01 A metes and bounds description with the buildings and improvements thereon erected, situated and being in the Southhampton Township, Cumberland County, State of Pennsylvania and more patt3cnlatly described in a Deed recorded 02123/06 in Deed Be 273 at Page 136% recorded in the Land Reowds of CtimbwlandCounty, Pennsylvania Subject to casements, restrictions, and covenants of record, if any. Parcel Number: 39-14-0165-045 16993 01107 » AWS 1499 CbmuberOu P 5/6 V 518 Exhibit B November 21, 2008 (7 pages) 2008-07-16 14:57 AGES 1499 Chambersbu 717-263-1033 >> 610 372 2361 P 4/6 AMERICAN LOAN AGREEMENT AND MCLOSURE STATEMENT I GENERAL RINAN 11" SERVICES DATE 08/02/07 ADCOYNT W MM 1331705"8 TYPE OF 1.00 X (Alpb* 1100 UM O¦ ASCU M PARTY NAM AND ADDIEYS C%*r @n LENDER'! TELEPHONE NtAr1LOt 717 363-8493 AHWCAR GENERAL COIISUNNl1L DISCOUNT COMPANY 8080,RM A>I?AE[ PLAZA CeANldRR88URG, PA 17201-3801 SOMOWEII(S) NAME AND ADDRESS (-r -*an TROT A ECKENRODE 313 IiAL>fOT DALR RD SIIPPIUMURG, PA 17237 1 WN rtad Wt sntlnt Loan Awsww t and Dmdmn $I wwi PADrawmmn and ar tWMW dan umow. wt., if I r.- -•s yu•uumm I w o aan aesm mom t aiprt any Of too dpolaflafMa. By alp", 1 am I li At np my to the atafa mft p?bM tams. and DandWons conU* d In the doaumants 1 aipn. TRM W U NOW DISCLOWRES - -- •••...?.....? ?wewwre a.ewe.we>c IwNVLA?Ii P11YA1VCED TOTAL OF AYI'i Thewetdmyondtaaaywdylele. Tlwddtayemaawfhe 7lrrnwtofa?paAd?d TlraY N 1 VA It" aadi wa acct nie. b m. a en ny nrde ee 12.38 x 234600,96 s 81901,83 i 316302 79 IM Payment SeMduls ws be: Number of Paymante Mount of payment When Paymwde Am Due 1 963. 09/10/07 339 $78.94 noat6l 10/10/07 LATE CHA G& ® r any peprrn b net paid E hM MIIhMt . data albr b dw are I wIM b. dtapetl N n _ nn x dlhe MW bidnetaimbrnS N/A orbwtheni 2n_00 ? ray tRtlRwr b not paid N N WW _deye e1M iw ale deb, l ria beallefted i rlhe enrte eeMd POP wt am* $on rtnaftectokbdpetAw bi orbee, PREPAYAWNT: r 1 py oa ery. © 1 my ? 1 eat not hr. b py a pKdlty or ew:wrwn drrpe. ? 1my ® iwand petewwworavadwdtheaw10edwpe, SECURITY: 1 em vft , , ¦ namly edeaet tn: ® tewl edeb boabd et 313 WALNUT DALE RD SHIPPENSSURG, PA 17237 ? Y.r MAN RUM V.elrbtbealne-1? Ndolor lhtbbe ? oN.rM.WC.?s pi 01W Asaft ? Ilotaeheld Shot deeoibed on Mn Peteoriel Prapewy tWPrefwi Farm. yweali i taw elprd and whbh tea trwn dMwed b nr wah ASSWPT10N: 8oirwttwbufinpmyh.rne rteaa.vefileLern mynotwulrthennrY+wrors:eloenonrleadpYleiwmeweee grlendw. Q W ben aodW& a rbbte•reb feehae. Dbibarea abaddu Wdi. sftft&ne here bwn prorl l b mt wrbr. Set rt. iweeltider d rb AOrtrm?d 4 ory eaafRtM tafarnntlori about npiPynwr dtfilrl any ngiaed nlp.Prw,t h na twble rr deb, wd ptepeNnwitnfieabandpeaeEw,r.r. THIS AGREEMENT IS SUBJECT TO THE FEDERAL ARBITRATION ACT. ay GWft OebK I edegrMdpe MWX d e copy d fhb Fedwd Db*@M coamow.? SEE REVERSE SIDE FOR ADDITIONAL ONMIDSAM S -• yereMy ley-16'wNA+I'y t1 pw y .. '•t.¢• tit a?ar?.: e?ii4:57 AGFS 1499 Chambersbu P. ZIEGLER RECOSWER OF DEEDS CUM GLAND COUNTY 1 COURTDOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Inst sweat Nambsr - 200731497 Reoor4ed On $/16J2069 At 1:16:25 PM * Dent Type - MORTGAGE Invoke Neer -1966 User ID - MUL * Mortppr - ECKENROD]4 TROY A * Mo ppee - AMERICAN GFXZRAL CONS DISC CO * Cwtomw - AMERICAN GENERAL FIN SER *PM STSLTE MIT TAX $0.30 S'IATZ JCS/ACCes8 TO $10.00 JUST= IdICOODIM rus - $15.50 Or DUDS 11rl?OIlDl11f.>l z=xUG $11.50 COtiM Awcsrvas ru $2.00 am 711bCltrm In $3.00 TOTAL PAID $42.50 717-263-1033 >> 610 372 2361 P 6/6 * Total Pies - 7 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDERt - Information daooted by as astarisk way cbemp dnrhq the ra lkaden proeesa *ad may not be relledW an this 11 2008-11-21 12:44 AGFS 1499 Chambersbu 717-263-1033 >> 610 372 2361 P 13/20 Prepared By: Return To: COIW'PY kOPMM Aoove MIS Line For Recording Data) THIS MORTGAGE entered into this MORTGAGE I" Efk?nrw _.24d_ day of " 200L between Called ots", arrd.ARMCAlt CSNSrti?i. rnmQrNVe ftTim.............-------- herei business at Sol HAZU. AVIR the Mortgagee, a Pennsylvania corporation having a ace of herein called "Mortgagee". WITNESSETH, at to se principal arnount ctute P"MM by Mor'tge0as of a Prgmissory NotaAoan agreement of even date herewith, in ofd tifne 36_SL together with interest thereon computed on unpaid ? ' pf"olpal outstanding {and/or any renewal, refinancing or extension thereof) all other obN940" of Mortgagors under the terms and provisions of this Mod"", Morloagom do these P arts "ll, Of" and convey to Mortgagee, ALL the following described real estate situ ed at 113 bUNUT-DAU RD Corrrmonwealth Of s ' county of Block Pennsylvania, described as follows: Municipal Tax Lot (Insert legal description of mortgaged premises) SEE ATTATQMD Being Premises conveyed to said Mortgagors by Deed of Conveyance duly Raoordhrg of Deeds in said County in Deed Book No.? du recopied in the offlae are therein described, -271- - , Page 131 _ as said pre TOGETHER VATN all the improvements now or hereafter erected on the easements, rights, appurtenances, rents, all of which shall be property al f f deemed to be and remain the p i PMpenty covered this Mortgage; and all of the estate N Oft Mortgage is on a ieaPehoidj are hereinaRer, together with said property (or the W" nsferr+ed to as the "Property, rig to nt covenants that Mortgagor is lawfully seined of the estate hereby conveyed and except , , fin. nwr?gage and convey the property, and that the Property is unenc, genw* xcept f the encumbrances of title to the record. Mortgagor covenants that w1gagor warrants and will e Property against an claims and demands, subject to encumbrances of recd , NOW INK that If the Note/loan agreement and all sums secured by this Pall in full, SM Pair event, ttds WNor P?onns all of the Covenants and agreenment of this Mortgage, then M?age and any estate or lien hereby granted, together with the Note/loan agree , datmine, and become void. the all the QT are I in PAPN7 (07." R.N r" I. OW Page t of 5 2008-11-21 12:44 AGFS 1499 Chambersbu 717-263-1033 >> 610 372 2361 l P 14/20 IAORTGA" CD'ONANTS, Mortgagor and Mortgagee covenant and 7 P? agree as follows: kxkbkdmw A Of PrWa1W and Mfem*L Mortgagor shall promptly Pay when due the prl pal and interim Notertoan agreement. evidenced by the Note/loan agreement and late charges of any) as Provide In the rise emsnts, nts, and Cltu+ges• Mortgagor shall Pay or cause to be paid al taxes, and other priority over this , fines and impositions and wtabte to the property which ms attain MorWpe, and leasehold payments or growrd rents, if any. S?M%. U gpplicab?e PaYm?s Inooordance w?the NO g°offtthe Not ylaw provides otherwise. Mortgagee wi apply and Deed of Trust, CharpRs; teens. Mortgagor shall perform all of MCA is ObRpom wow Moro" over this Morlpage includrng ' deed of trust Or other security agreement with a Mn which has priority Morlgppor's covenants to make payments when due. 5- "WWd bwdmce. WIDOW shall keep the improvements now existing or the Property insured hertatter ed on Such other hazards as inducted within the term "extended cove and may require. nts and for such periods as 01100 The Insurance prod MorVagae; provided, .. by Mo"g&W subject to vaE by reneymis thereof shah be in a form aopepprble to MY WINOW. AM insurance and and deuce m favor of and in a form acceptable to shctE include a standard m Policies and reney? thereof Mortgagee shah have the right to the agreement with a lien which hues psubjecl: riority to the terms of any mortgage, deed of trust or other rity ecu In the avant of bas Ixiority ity over this Mortgage. may make , MWVWr shah give Prompt notice to the insurance carrier and Mod ee. If the P PrOof of loss If not made promptly by mortgagor. r+operty Is abandoned by Mortgagor, or if the Mortgagor falls to respond to in 30 days from the date notice is mailed by MorMsgee to Mortgagor that the insurance carrier a claim for insurance bsnefrtz, MOM" is authorized to collect and Mlert? t settle tfre insurance Mo" s option either to restoration or repair of the P apply at MorMage, Property or to the sums secured this S. Pmearvabon and Mak tenance of property; L?eholds; Con SMUniurrrs; Plan OP?• MoMMagOr shall keep the Property in good repair and shy not commit waste or uM* If e? demolition, ImpidnrleM, or deterioration of Me Property and shall comply with the ae If relopmsrtt epb on a kl. If this Mortgage Is on a unit in a condominium lesunit perform all of rs obilgatiorm under the and ?venarKS creating and governing the condominium d ftW eons of the condominium or planned unit development, and unit t development, the by-la and and con tuerrt doc utnents. 7. pr?? of in Oft Morig*, MafO"'s Securw. if Mortgagor fails to perfornr the covenants and some ments contained or if any action or proceeding pnductng, but not limited to, SFi Prooeectr0 i s commenced which materially affects Mo ptcy rtgagees interest M the such sum, Mortgagei, at Mortgagee`s option, upon notice to Mortgagor. may make such then nc?ng rwsonMe attorneys' fees, and take such appsaraworse Mortgagees Interest. If Modgagee required action as is ? to act secured by this ° mortgage insurance as a condition of making loan ? MW*W strait pay the premiums required to maintain such Insure In effect until such time as the reQuq+ement for such insurance terminates in acxoManee with and Modoe e's written agreement or aPPikam law_ Mortg ors Any ammft disbursed by Mortgagee pursuant to this Paragraph 7, with interest thereon, Notelkwn 4W"UIW rate, OW become additional indebtedness of the red by th Unless V.W and Ma a agree to other terms of Mortgagor ts 18 hi ahaN be Payable upon to Mortgagor requesting Payment tl e?f NotUgh amounts shall rOquim Morgepee to Incur any expense or take any action hereunder ?hW in this Pa"" 7 8' k may make or cause to be made ressonable entries u of the Property, Provided that Magee shah give Mortgagor notice upon and ' ions to cti any such I on sPftffft rmooneW cease therefor related to Prior 9. AAortpagee's interest in the Property. corrirecs+on wtlfi an The Proceeds of any award or claim for damages. direct or consequenti I, in Ca any condemnation or other taking of the Property, or part thereof, or for conveys in 119 mortgage,deed of trust or other security and chat! be paid to Mortgagee, subject to the terms o any 01 W Prey W-7) Ewa w"M, 1?o MW agreemerrt with a Ben which has Priority over this Mortgage Page 2 of 5 2008-11-21 12:44 AGFS 1499 Chambersbu 717-263-1033 >> 610 372 2361 1 P 15/20 10. M" W Not Rte; Forbearance By Mortg.W Nat a Nhiver. Extensiotofhe time for Payment or mom of 8MO ti AUM of the sums secured by thN MOFWWO granted by opee to any an0cessor in interes t of Mort00? shall not openille to mica". in any RWWW, f the and Mortgagor's successors in interest. MMUS n Shan be d to cormnerm p'oe against each sut?ssor or refuse to extend time for payment wi to Modify arnortization Of at the sums secured by this Mortgage by reason of any demand the o M MNWW and pr Mortgagor's succxMSOrs in interest. Any forbearance by Mortgagee any sing remedy hereunder, or otherwise afforded by applicable lawshall trot be a or preclude the exercise of any such right or remedy. 11. Sucpssora and ASWWN Sound; Joint and Several enatr e and W"Ments herein contained Shan bird, and the Vft herbunder'shatl inure to' The co ts and assigns of Mortgagee and um to, the ve SUCCO"Ors All covenants rneerts of Mortgagor, subject to the provisbns of peraprh 1 hereof. Mortgagor shall 'be joint and several. Any A?tortgagpr who ns this and t' (atrpe?r?ty tco signing this in the Pr urlp t one of this (b) a0reemerrt or under this hereunder may ' agrees an Other aooom r Y agree to extend, m f ,for the tgage Wow that HTor V*Oft corBerrt and wino terms of this Mortgage or the N0101oan loge the ft interest in the Property. Mortgagor or modifying this a as to 12 any rl. NO . ExcW for any notice required under applicable law to be given in another ma r: (a) Odoe to tk* 10 notice Mortgagor provided for in this Mortgage shah be given by dailvering it or by mail' such addressasr? addressed to Mortgagor at the MaigeOds's address stated herein or at other Mortgagee be may designate by mice to Mortgagee as provided hereto; and (b) an - to given by oedrod mail to Mortgagee's address stated herein or to such oft er re" as OW Moit"M may designate by notice to Mortgagor as provided herein. Any notice provided in this rWQe Md be deemed to have been given to Mortgagor or Mortgagee when given in the anner heraln. iaw13of Vii" m' P • The state and local laws applicabe to this Mortgage shall be the which the the law of 11 ?erent ?rtY Is located, except that if the NMeAoan agreement interest rate tees Madiction as governing, such law shall be the appfieabte low govem the dlarges, and other terms of the credit transaction secured hereby. The sentence shall trot limit flee applicability of Federal law to this or dares of this Mortgage. In the event that any p ?g ision O not aff" r ttfler Mortgage or the Note/loan agreement conflicts with apPliMW low, such conili shall P Ions of this Mortgage or the Note4wn agreement which can be given effect without the q provisions, and to this end the provisions of this Mortgage and the lentsutr>ser'a dedatored t0 be severable. As used herein, "cam", 'expenses", and "attorneys No eAoan fees" include extent not prohibited by applicable law or limited hereto. Or$ COPY Wft=A;? COPY. Moftgor shall be fum;shed with and fid(nowledges receipt of a cormed thereof. agreement and of this Mortgage at the time of execution or after rece n ' Loan AgrrenMnt. Mortgagor shall fulfill ail of Mortgagor's obligations u r any home rMoblift"On- o p e cement, repair, or other loan agreement which Mortgagor. enters i with M s Option, MY require in a form aoxPtable to MajWW to execute and er to Mor'O Mortgagor may have *. an assignment of any rights, claims or defenses ich Moft*6or a made have g pmt parties who supply labor, materials or services in connectio with - the ith 111. TranWW Of the Property or a Beneficial Interest in Property or any interest in it is sold or transferred (or if a benefidat r. Init er part f t or WftrfW Mofj9#*r is S" ? nW101Ogor is not a natural person) without Mortgagee's prior written consent, option 3211!1 not tie equimisimmediate ed payment in full of all sums secured by this Mortgage. Hwe , this by rtgagee If exercise is prohibited by federal law as of the date f this if D??v exenaes this option, Mor?agee shatl give Mortgagor notice of acceleration. The cat char iddee as period of not less than 3t) *11110h Mortgagor must days from the date the notice is delivered or mailed !n to the e>stion of this all VIM secured by this Mortgage. If Mortgagor fails to pay these SUM Prior further notice or demand on Mortgaj?)r, may invoke any remedies permitted by this demand out PADee (07-1"7) Piro ? U&? Page of 5 2008-11-21 12:44 AGFS 1499 Chambersbu 717-263-1033 >> 610 372 2361 17. ACleratlon; Runsdies. Upon Mortgage's breach of any covenant or agreement of 114 in the N01e1100n agreement or the Mortgage, including the covenants to pay when due an secured by this Mortgage, Mortgagee, after notioe of intention to foreclose and opportunity to provided by law, may declare aN of the sums secured by this Mortgage to be immediately c payable without further demand and foreclose this Mortgage by jet entitled to WNW In such proceeding all expenses of foreclosure including. ditlg. m reaaonabie attorneys' fees and costs of abstracts tips , ding, but not lie reports, and documentary evidence. 18. Assigmmug of Ruft; Appokone eat of Receiver, MorqpW in Possmshorl. As ad security herounQer hereby assigns to Mortgagee the rents of the Property, provid b>OApw! V%M' sw, Prior to acceleration under Paragraph 17 hwW or abandonment of the Propert the rat to oohed and retain such rents as they become due and payable. Upon acceleration under Paragraph 1 y hereof or abandonment of the property, Mortgagee, in by 890M Or by Judicially appointed receiver, shall be entitled to enter upon, take possession manage the Property and to collect the rents of the Property including those poet due. AN rents a by the Mortgagee or the Receiver shall be AMMd Mat to payment of the cost of mwmpmM Property and collection of rents, including, but not limited to, receivers fees, premiums on re( bO and ter' le aitomeys' fees, and then to the sums secured by this Mortgage. Monts 1t1. receiver s e. U unt only for those rents actually received. this morigap mahout to alt costs Mortgagm shall Satisfy i n, or N any. 20. ftNMeeet t: is entered on the action the Interest rate payable after a jw D Pied by taw, not to exceed eth NoteRoan ape he foreclosure shall be the high 21• YWirer of E tons. To the extent permitted by law, Lft%nor hereby to Mortgagee any exemption rights permitted under applicable state or federal low?with respect Property. date first boE ?MItEMF, the said Mortgagors have signed this Mortgage, with seal(s) affixed, Signed, Sealed and Delivered in the Presence of Witness: t tISTOP$ER PRESSLEY Wltne W Mortgagor= TROY A E=IRODE (SEAL) Mortgagor - _- (SEAL) COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF FBAIKLIg-- ) 58 On this, the -21yd, day of Aaaust 2QQ7 before me XON&D L the undersigned officer, personally TROT A FfXm nnv KnOWM to me (or sotlsfactorily proven) to be the Person whose name instrument, and acknowledged that ZL- ?? subscribed to the executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. PAOW p7.15 M R«d Ejoe M %W Tft of Officer sums re as r and all be d to, Id that , have erson, )f and Wed of the rivers ee and lease gment It rate Isfers to the in the Page 4+of 5 P 16/20 2008-11-21 12:44 AGFS 1499 Chambersbu 717-263-1033 >> 610 372 2361 1 P 17/20 CERTIFICATE OF RESIDENCE 1, MANE DMT AW"Tf-.v -- - -- -- of that the comeot residence address of said Mommas reamed in the foregoing Mortgage he certify 801 WATWw •vo ??agee is Witness my hand this 28d_ day of .IUMg 07 Agent of Mortgagee NOtiee: YMS is a Mod"M subject to Vati g rules under the F Purim Or Aes4mmss of this MortPW could be liable for all OCION TrUM in Lem ciakm wo dshn m" "d to the mort"Ille UM the Borrower could assen against the Creditor / Mortgages. COP r,ABW 101-150 PAN es6W mm ov AcL With Page 5 bf 5 Exhibit C November 21, 2008 (9 pages) Law Offices of AUSTIN, BOLAND, CONNOR & GIORGI 44 North Sixth Street P. O. Box 8521 Reading, PA 19603 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage@abcglaw.com Clemson N. Page, Jr., ext. 131 October 3, 2008 (SECOND NOTICE SINCE JUNE 9, 2008) Troy A. Eckenrode 313 Walnut Dale Road Shippensburg, PA 17257 Re: American General Consumer Discount Co., Mortgagee Troy A. Eckenrode, Mortgagor Premises: 313 Walnut Dale Road, Shippensburg, PA 17257 AGFS Account No. 13517058 Our File No. L08999-0037 To the above-named Mortgagor: The following is an ACT 91 NOTICE! TAKE ACTION TO SAVE YOUR PROPERTY FROM FORECLOSURE! This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP)may be able 35913.1 Page 1 of 8 to help save your home. This notice explains how the program 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 Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, orgy 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 NOTIFICACIO EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAM 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): Troy A. Eckenrode PROPERTY ADDRESS: 313 Walnut Dale Road, Shippensburg, PA 17257 LOAN ACCOUNT NUMBER: 13517058 ORIGINAL LENDER: American General Consumer Discount Co. CURRENT LENDER/SERVICER: American General Consumer Discount Co. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: 35913.1 Page 2 of 8 - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A RESPONSIBLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCIAL AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (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 MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES-- If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of the 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 you lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE— Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a complete 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 the applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Financial Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Financial Agency has sixty (60) days to make a decision after it 35913.1 Page 3 of receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it u to date) NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at 313 Walnut Dale Road, Shippensburg, Cumberland County, PA 17257 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: August 2008 ................................... $1,008.08 September 2008 ................................. 1,008.08 Late Charges .................................... 235.78 Legal Expense to Date .............................. 64.00 TOTAL ARREARS AS OF 06/06/2008 ............ $2.513.94 HOW TO CURE THE DEFAULT--You may cure this default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,513.94, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa mens must be made either by cash cashier's check certified check or money order made payable and sent to: Mr. Ronald L. Umbrell, Branch Manager American General Financial Services, Inc. Coldbrook Square Plaza 801 Wayne Avenue Chambersburg, PA 17201 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 rihts 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) 35913.1 Page 4 of 8 1 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 your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALS- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at an time up to one hour before the Sheriffs Sale. You may do so by pgying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and bX performing, my 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 DATF}- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 150 days from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of the Lender: American General Financial Services, Inc. Address: 801 Wayne Avenue, Chambersburg, PA 17201 Phone Number: 717-263-8493 Fax Number: 717-263-1033 Contact Person: Mr. Ronald L. Umbrell, Branch Manager EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other 35913.1 Page 5 of 8 belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-- You-may or x may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF - TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THIS DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice,that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment if one has been entered against you and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving, this office 35913.1 Page 6 of 8 a CUMBERLAND COUNTY Consumer Credit Counseling Service of Western PA, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 Community Action Commission 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 NOTE: Unless you notify this office within thirty (30) days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving, this office will provide you with the name and address of the original creditor. 35913.1 Page 8 of • U.S. POSTAL SERVICE CERTIFICATE OF MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DO PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Connor Giorgi 44 North Sixth Street, P.0, sox. 8521 Reading, PA 195€ 3 One piece of ordinary mail addressed to: Troy A. Eckenrode 313 Walnut Dale Road Shippensburg, PA 17257 PS Form 3817, January 2001 ru r- For delivery information visit our website at www.usps.com?,, N rR I n ({ • i i; I Postage $ S Q, Certified Fee a 4 C3 m Receipt Fee r ( rsement Required) .20 e C3 Restricted Delivery Fee I i Vr' t ;I ` { r, , • • J (Endorsement Required) Total Postage & Fees $ rU _o Sent To Troy A Eckenrode C3 0 g?e1• A..-No -------------- -------°-----------°--°------ NO313 Walnut Dale Road f el AP r` o r PO BOX cii;,"siiie;zi4b-f ----------------------- PS Form II. See Reverse for Instructions' ¦ Complete items 1, 2, and 3. Also complete A S re _ item 4 if Restricted Delivery is desired. Agent X Addressee ¦ Print your name and address.on the reverse so that we can return the card to you. . "Er Re eived by me e) C° D e of elivery ¦ Attach this card to the back of the maii piece, O ' ?CL r-de ) O N or on the front if space permits. , v p' n D. Is deliv ry address different from Rem 1? ? )MS 1. Article Addressed to: If YES, enter delivery address below: 13 No Troy A Eckenrode 313 Walnut Dale Road Shippensburg, PA 17257 3._ ice Type rt?ed Mail ? ress Mail 13 Registered um Receipt for Merchandise ? Insured Mail ? C.O.D. 1 4. Restricted Delivery? (Extra Fee) [3 Yes 2. Article Number 6 2150 0003 1517 2 7 21 (Transfer from service fabeq PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154c MAILING Afl r e• S NOT o po j Pc fe f b C ` / w a•, r V E ' aua a%ae 2008-11- 7 ? _ %f %,jt?9p H ersbu (AGCDC v. tdce+rode YA899W37) 717-24 -1033 » 610 372 2361 X NO. 610 372 2381 VE?tUMATION I, Ronald L. U'mbrell, hereby verify that I am Manager of the Chambmburg. Pennsylvania branch office of American General Consumer Discount Company, named as Plaintiff in the foregoing pleading, and that in capacity as such officer I am authorized to make this Verification on the Plai behalf, I have read the foregoing pleading. The facts stated therein are true, correct and complete to the best of my knowledge information and belief. I make this verification subject to the provisions of 18 Pa. C. S. § 4944, which penalizes unworn falsifications to authorities, zoos. For American Cw6eral Consumer Company, Plaintiff. P. 06 S P 7/7 (AGFS v. Eckenrode L08999-0037) VERIFICATION of FACSIMILE SIGNATURE I, Clemson N. Page, Jr., Esquire, verify that I am a member in good standing of the Bar of the Supreme Court of Pennsylvania, and that I am engaged as counsel for Install America LLC, named as Plaintiff in the foregoing pleading. I have prepared the foregoing pleading on the basis of information which my client has supplied to me, and verified the same. The facts stated therein are true, correct and complete to the best of my knowledge, information and belief. The facsimile Verification also attached to this pleading was forwarded to me by the authorized agent of the Plaintiff named therein, after review of a copy of the Complaint by facsimile and discussion of the same with counsel, and is a true verification. I make this verification subject to the provisions of 18 Pa. C. S. § 4904, which penalizes unsworn falsifications to authorities, and further subject to the Attorney Disciplinary Rules of the Supreme Court of Pennsylvania. Dated: November 24, 2008. Clems 6 a e ., Esquire Pennsylvania Attorney No. 25616 Attorney for Plaintiff. ¦ • y f will provide you with the name and address of the original creditor. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. IN THE EVENT YOU HAVE RECEIVED A DISCHARGE OF PERSONAL INDEBTEDNESS IN BANKRUPTCY PROCEEDINGS. THEN THIS COMMUNICATION IS TO BE CONSTRUED ONLY AS AN ACTION TO ENFORCE A LIEN AGAINST PROPERTY WHICH SURVIVES DISCHARGE IN BANKRUPTCY. Sincerely yours, AUSTIN. ALAND. CONNOR & GIORGI CNP:p cc: Mr. Ronald L. Umbrell -- American General (Chambersburg) THIS NOTICE HAS BEEN SERVED UPON THE PRINCIPAL ADDRESSEE BY SIMULTANEOUS FIRST-CLASS MAIL AND CERTIFIED MAIL, RETURN RECEIPT REJJEST] October 3, 2008. Attorney fo) 35913.1 Page 7 of 8 -? s s v? $ 3 SHERIFF'S RETURN - REGULAR CASE NO: 2008-06995 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN GENERAL CONSUMER DIS VS ECKENRODE TROY A ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ECKENRODE TROY A the DEFENDANT , at 0008:30 HOURS, on the 6th day of December , 2008 at 313 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 TROY ECKENRODE by handing to a true and attested copy of COMPLAINT - MORT FORE DEFENDANT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 18.90 Affidavit .00 Surcharge 10.00 Postage .42 IA11,51"z L)1- 47.32 Sworn and Subscibed to before me this day of , So Answers: R. homas Kline 12/08/2008 AUSTIN BOLAND CO R By - eputy Sher ff A. D. N SHERIFF'S RETURN - REGULAR CASE NO: 2008-06995 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN GENERAL CONSUMER DIS VS ECKENRODE TROY A ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE ECKENRODE WENDY was served upon DEFENDANT the at 0008:30 HOURS, on the 6th day of December , 2008 at 313 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 TROY ECKENRODE by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge /.2l,s/oP 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 12/08/2008 AUSTIN BOLAND /CO OR By: A. D. puty Sheriff AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L08999-0037 P.O. Box 8521 Reading, PA 19603 [610] 374-8211 AGFS Account No. 13517058 Fax [610] 372-2361 E-mail: cnpage(a),abcglaw.com AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-06995P TROY A. ECKENRODE and WENDY ECKENRODE, Defendants. : CIVIL ACTION -- LAW Action in Mortgage Foreclosure Instrument No. 200731497 PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of the Plaintiff, American General Consumer Discount Company, and against Defendants Troy A. Eckenrode and Wendy Eckenrode, jointly and severally, and against the real property generally known as 313 Walnut Dale Road, Shippensburg, Cumberland County, Pennsylvania 17257, by reason of said Defendants' failure to respond to the Plaintiff s complaint in mortgage foreclosure, and assess damages as follows: Damages per Complaint: ................ $93,228.17 Interest, 11/22/2008-01/08/2009 ............ 1,353.61 TOTAL ............................. $94.581.78 (Together with accruing interest at $28.20021 per day from January 9, 2009 and the costs of this action). Attached hereto is a true and correct copy of the default notice mailed to the 36953.1 -1- Defendants on December 30, 2008, by placement of the same in the United States mail, first-class postage prepaid. A copy of a Postal Service Form 3817 certificate of mailing is also attached. Taking into account the mailing date of the default notice, the Plaintiff asserts that the ten-day period prescribed by Pa. R. Civ. P. 237.1 has passed and judgment may now be entered as set forth above. The stated damages were computed from figures of record in this proceeding. Judgment is to be entered in rem only, and solely for purposes of proceeding with execution against the premises generally known as 313 Walnut Dale Road, Shippensburg, Cumberland County, Pennsylvania 17257, and more fully described at Deed Book Volume 273, page 1369 et seq., Cumberland County Records. The lien of said judgment shall relate back to August 10, 2007, the recording date of the Mortgage as defined in paragraph 5 of the Complaint in this proceeding. Dated: January 8, 2009. AUSTIN, BOLAND, CONNOR & GIORGI By Attorney for 36953.1 -2- AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L08999-0037 P.O. Box 8521 Reading, PA 19603 [610] 374-8211 AGFS Account No. 13517058 Fax [610] 372-2361 E-mail: cnpage@uabcglaw.com AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-06995 P TROY A. ECKENRODE and WENDY ECKENRODE, Defendants. CIVIL ACTION -- LAW Action in Mortgage Foreclosure : Instrument No. 200731497 NOTICE DATED DECEMBER 30, 2008 To: Troy A. Eckenrode 313 Walnut Dale Road Shippensburg, PA 17257 (Personally served at above address by Sheriff 12/06/2008, per return filed of record.) Wendy Eckenrode 313 Walnut Dale Road Shippensburg, PA 17257 (Personally served at above address by Sheriff 12/06/2008, per return filed of record.) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE (that is, on or before January 9, 2009), 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 36765.1 -1- 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 610-377-5400 or 800-990-9108 f Attorney for laintiff. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. IN THE EVENT YOU HAVE RECEIVED A DISCHARGE OF PERSONAL INDEBTEDNESS IN BANKRUPTCY PROCEEDINGS THEN THIS COMMUNICATION IS TO BE CONSTRUED ONLY AS AN ACTION TO ENFORCE A LIEN AGAINST PROPERTY WHICH SURVIVES DISCHARGE IN BANKRUPTCY. Information copy to: Mr. Ronald L. Umbrell, Branch Manager American General Financial Services, Inc. 801 Wayne Avenue Chambersburg, PA 17201 36765.1 -2- U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Austin, Boland, Conner & Giorgi 44 North Sixth Street P.O. Box 8521 Reading, PA 19603 One piece of ordinary mail addressed to: Wendy Eckenrode 313 Walnut Dale Road Shippensburg, PA 17257 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: - Austin, Boland, Connor & Giorgi 44 North Sixth Street P.O. Box 8521 Reading, PA 19603 One place of ordinary mail addressed to: Troy A. Eckenrode 313 Walnut Dale Road Shippensburg, PA 17257 b r ?r4 4`I o e4s -72 C c PS Form 3817, January 2001 e AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L08999-0037 P.O. Box 8521 Reading, PA 19603 [610] 374-8211 AGFS Account No. 13517058 Fax [610] 372-2361 E-mail: cnpage(aabcglaw.com AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. TROY A. ECKENRODE and WENDY ECKENRODE, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-06995P Defendants. CIVIL ACTION -- LAW Action in Mortgage Foreclosure Instrument No. 200731497 VERIFICATION THAT THE DEFENDANTS ARE NOT IN THE ACTIVE MILITARY OR NAVAL SERVICE OF THE UNITED STATES OF AMERICA I, Clemson N. Page, Jr., Esquire, attorney for American General Consumer Discount Company, Plaintiff, hereby verify that, to the best of my knowledge, information and belief, after reasonable inquiry, neither Defendant Troy A. Eckenrode nor Defendant Wendy Eckenrode is serving on active duty in the military or naval services of the United States of America; said Defendants are therefore not under the protection of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. The Defendants' last known address, according to the Plaintiff's records, is the mortgaged premises, 313 Walnut Dale Road, Shippensburg, Cumberland County, PA 17257. The Sheriff of Cumberland County personally served the 36954.1 -1- Defendants with initial process at the address set forth above. I make this Verification subject to the Attorney Disciplinary Rules of the Supreme Court of the Commonwealth of Pennsylvania and 18 Pa. C. S. § 4904, which penalizes unsworn falsifications to authorities. Dated: January 8, 2009. Information copy to: AUSTIN, BOLAND, CONNOR & GIORGI By (? 114P<? -A em n a 4e, Jr., squire Attorney for Plaintiff. Mr. Ronald L. Umbrell, Branch Manager American General Financial Services, Inc. 801 Wayne Avenue Chambersburg, PA 17201 36954.1 -2- 2. rry O Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Troy A. Eckenrode 313 Walnut Dale Road Shippensburg, PA 17257 Re: American General Consumer Discount Company, Plaintiff, vs. Troy A. Eckenrode and Wendy Eckenrode, No. 2008-06995P, Cumberland County Court of Common Pleas To the Above-Named Defendant: American General Financial Services, Inc., Plaintiff in the above-captioned action, on this date has entered judgment against you in the Court of Common Pleas of Cumberland County, Pennsylvania, in the amount of$94,581.78, together with lawful interest at the rate of $28.20021 per day from January 9, 2009. Enclosed are true and correct copies of the following documents which the Plaintiff has filed with the Court: 1. Praecipe for Entry of Judgment Per Magisterial District Court Transcript. 2. Verification re Defendants' Active Military Status. This Notice is given to you pursuant t Pa. R. Ci P. 236. MB OUNTY PROTHONOTA Y By, Deputy 33988.1 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Wendy Eckenrode 313 Walnut Dale Road Shippensburg, PA 17257 Re: American General Consumer Discount Company, Plaintiff, vs. Troy A. Eckenrode and Wendy Eckenrode, No. 2008-06995P, Cumberland County Court of Common Pleas To the Above-Named Defendant: American General Financial Services, Inc., Plaintiff in the above-captioned action, on this date has entered judgment against you in the Court of Common Pleas of Cumberland County, Pennsylvania, in the amount of$94,581.78, together with lawful interest at the rate of $28.20021 per day from January 9, 2009. Enclosed are true and correct copies of the following documents which the Plaintiff has filed with the Court: 1. Praecipe for Entry of Judgment Per Magisterial District Court Transcript. 2. Verification re Defendants' Active Military Status. This Notice is given to you pursu to Pa. R. C' P. 236. U AN COUNTY PROTHONOT RY By. Deputy 33988.1 AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L08999-0037 P.O. Box 8521 Reading, PA 19603 [610] 374-8211 AGFS Account No. 13517058 Fax [610] 372-2361 E-mail: cnpagep ,abcglaw.com AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff, vs. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA TROY A. ECKENRODE and WENDY ECKENRODE, No. 2008-06995P Defendants. CIVIL ACTION -- LAW Action in Mortgage Foreclosure Instrument No. 200731497 PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter. As of April 24, 2008, the following damages are claimed: Damages per Judgment Documents: .................................... $94,581.78 ? Interest 01/09/2009 - 01/16/2009 ......................................... 225.60 TOTAL ..........................................................$94.807.38 (Together with alI costs and interest from 01/17/2009 @ $28.20021 per day). Dated: January 16, 2009. AUSTIN, BOLAND, CONNOR & GIORGI By Pa e, r., Esquire For Plai iff. 37036.1 v, 0 ? + a F ? c 7 rs: _ co LEGAL DESCRIPTION OF 313 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 (SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY) Judgment: 94,581.78 plus interest & costs ALL THAT CERTAIN lot of ground situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a railroad spike set in Township Route 323, known as Walnut Dale Road, at the corner of Lot No. 3 on the hereinafter described Subdivision Plan; thence North 24 degrees 57 minutes 20 seconds East, 190.87 feet to an existing railroad spike at the corner of lands now or formerly of Daniel C. Mixell, known as Lot No. 2 on the hereinafter described Subdivision Plan; thence along said lands now or formerly of Daniel C. Mixell, South 59 degrees 19 minutes 10 seconds East, 233.92 feet to an existing iron pin at lands now or formerly of the Commonwealth of Pennsylvania; thence along said lands now or formerly of the Commonwealth of Pennsylvania, South 49 degrees 21 minutes 17 seconds West, 249.48 feet to a set iron pin at the corner of remaining lands now or formerly of Donald Bauseman, known as Lot No. 3 on the hereinafter described Subdivision Plan; thence along said Lot No. 3, North 43 degrees 58 minutes 51 seconds West, 141.34 feet to a set railroad spike in Township Route 322, the place of beginning. CONTAINING a total area of 40,660 square feet (0.933) and designated as Lot No. 4 on a Subdivision Plan of Lands for Donald Bauseman, dated December 6, 1991, prepared by Steven P. Wolfe and recorded in Cumberland County Plan Book 64, page 105. Subject to easements, restrictions, and covenants of record, if any. Tax ID: 39-14-0165 TO BE SOLD AS the property of Troy A. Eckenrode and Wendy Eckenrode, husband and wife. 37058.1 'Ln `.3 C:) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6995 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff (s) From TROY A. ECKENRODE AND WENDY ECKENRODE (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 $94,581.78 Interest FROM 1/9/09 - 1/16/09 - $225.60 Atty's Comm Atty Paid $182.32 Plaintiff Paid Date: JANUARY 21, 2009 L.L. $.50 Due Prothy $2.00 Other Costs u is R. L , ro on ry (Seal) By: Deputy REQUESTING PARTY: Name CLEMSON N. PAGE, JR., ESQUIRE Address: AUSTIN, BOLAND, CONNOR & GIORGI 44 NORTH SIXTH STREET P.O.BOX 8521 READING, PA 19603 Attorney for: PLAINTIFF Telephone: 610-374-8211 Supreme Court ID No. 25616 A' AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L08999-0037 P.O. Box 8521 Reading, PA 19603 [610] 374-8211 AGFS Account No. 13517058 Fax [610] 372-2361 E-mail: cnpage(a-,)abcglaw.com AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. TROY A. ECKENRODE and WENDY ECKENRODE, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-06995P Defendants. CIVIL ACTION -- LAW Action in Mortgage Foreclosure Instrument No. 200731497 MORTGAGOR'S AND DEFENDANT'S NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Dated: , 2009. To: Troy A. Eckenrode 313 Walnut Dale Road Shippensburg, PA 17257 Wendy Eckenrode 313 Walnut Dale Road Shippensburg, PA 17257 The real estate located at 313 Walnut Dale Road, Shippensburg (Southampton Township), Cumberland County, Pennsylvania 1725' is scheduled to be sold at a Sheriff s Sale on Wednesday, June 10, 2009 at 10:00 A.M., prevailing time, in the location to be posted at all entrances to the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17011 to enforce the court judgment of$94 8 , plus interest and costs, obtained by American General Consumer Discount Company, Plaintiff, against you. 37039.1 -1- r NOTICE OF OWNER'S RIGHTS: YOU MAY BE ABLE TO PREVENT THIS SALE 1. The sale will be canceled if you pay to American General Consumer Discount Company the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may callClemson N. Page, Jr., Esquire, attorney for the Plaintiff, at 610-374-8211. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to help you assert your rights. The sooner you contact one, the better your chances of stopping or postponing the sale. (See notice on following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff s Sale is not stopped or postponed, your property will be sold to the highest bidder. You may find out the bid price by contacting theSheriff of Cumberland County at 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this mas happened, you may call theSheriff of Cumberland County at 717-240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale had never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff records a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 37039.1 -2- 6. You may be entitled to a share of the money which was paid for the property. A Schedule of Distribution of the money bid for the property will be filed by the Sheriff thirty (30) days after the sale. This Schedule will state who will be receiving the money. The money will be paid out in accordance with this Schedule unless exceptions (statements of reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of Distribution is filed. 7. You may also have other rights or defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 AUSTIN, BOLAND, CONNOR & GIORGI By 1 I P, Cle on . P e, Jr. For Plain iff. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY THIS CORRESPONDENCE IS NOT, AND SHOULD NOT BE CONSTRUED TO BE. AN ATTEMPT TO COLLECT A DEBT. BUT MERELY AS A PROCEEDING TO ENFORCE A VALID LIEN AGAINST PROPERTY. WHICH LIEN SURVIVES BANKRUPTCY DISCHARGE. 37039.1 -3- r-a ? n C- n CO T AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L08999-0037 P.O. Box 8521 Reading, PA 19603 [610] 374-8211 AGFS Account No. 13517058 Fax [610] 372-2361 E-mail: cnpage ,abcglaw.com AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. TROY A. ECKENRODE and WENDY ECKENRODE, Defendants. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-06995P CIVIL ACTION -- LAW Action in Mortgage Foreclosure Instrument No. 200731497 AFFIDAVIT PURSUANT TO PA. R. CIV. P. 3129.1 PLAINTIFF, American General Consumer Discount Company, by its undersigned attorneys, sets forth as of January 16, 2008 the following information concerning the real estate known as313 Walnut Dale Road, Shippensburg (Southampton Township), Cumberland County, PA 17257: 1. Name and address of owner or reputed owner: Troy A. Eckenrode 313 Walnut Dale Road Shippensburg, PA 17257 2. Name and address of each defendant in the judgment: Troy A. Eckenrode 313 Walnut Dale Road Shippensburg, PA 17257 37038.1 -1- w Wendy Eckenrode 313 Walnut Dale Road Shippensburg, PA 17257 3. Name and address of every judgment creditor whose judgment is of record against the real property to be sold: American General Consumer Discount Company 801 Wayne Avenue Chambersburg, PA 17201 4. Name and address of the last recorded holder of every mortgage of record against the real property to be sold: American General Consumer Discount Company 801 Wayne Avenue Chambersburg, PA 17201 5. Name and address of every other person who has any record lien against the property: None. 6. Name and address of every other person who has any record interest in the property, whose interest may be affected by the saleNone. 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest or potential interest in the property which may be affected by the sale: Shippensburg Area School District 317 North Morris Street Shippensburg, PA 17257 Cumberland County Tax Claims Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Office 37038.1 -2- 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Township of Southampton 200 Airport Road Shippensburg, PA 17257 Southampton Township Water Authority 200 Airport Road Shippensburg, PA 17257 Southampton Township Sewer Authority 725 Municipal Drive Shippensburg, PA 17257 Vivian Coy, Tax Collector 200 Airport Road Shippensburg, PA 17257 I verify that the statements made in this Affidavit are true, correct and complete 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. § 4904 which penalizes unsworn falsification to authorities. Dated: January 16, 2009. AUSTIN, BOLAND, CONNOR & GIORGI By Jr., Esquire For Plainti 37038.1 -3- :D r-n Cfl AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L08999-0037 P.O. Box 8521 Reading, PA 19603 [610] 374-8211 Fax [610] 372-2361 AGFS Account No. 13517058 E-mail: cnpagepabcglaw.com AMERICAN GENERAL CONSUMER IN THE COURT OF COMMON PLEAS DISCOUNT COMPANY, , CUMBERLAND COUNTY Plaintiff, , PENNSYLVANIA VS. TROY A. ECKENRODE and WENDY No. 2008-06995P ECKENRODE, Defendants. CIVIL ACTION -- LAW Action in Mortgage Foreclosure Instrument No. 200731497 PRAECIPE TO THE PROTHONOTARY: Kindly mark this mortgage foreclosure action SETTLED, DISCONTINUED and ENDED, without prejudice, judgment satisfied, and all costs paid. Dated: August 21, 2009. AUSTIN, , CONNOR & GIORGI By For Plaintiff. Jr. Information Copy to: Sgt. Jody S. Smith, Real Estate Deputy Cumberland County Sheriff's Office Via Fax to 717-240-6397 OF THE ZG09 AUG 2 i.. 1`f', .. V In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-6995 Civil Term American General Consumer Discount Company VS Troy A. Eckenrode and Wendy Eckenrode Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2009 at 1800 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Troy A. Eckenrode and Wendy Eckenrode, by making known unto Troy Eckenrode, personally and as Husband to Wendy Eckenrode, at, 313 Walnut Dale Road, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2009 at 1713 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Troy A. Eckenrode and Wendy Eckenrode, located at, 313 Walnut Dale Road, Shippensburg, Cumberland County Pennsylvania, according to law. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Troy A. Eckenrode and Wendy Eckenrode, by regular mail to their last known address of 313 Walnut Dale Road, Shippensburg PA 17257. This letter was mailed under the date of April 1, 2009 and never returned to the Sheriffs Office Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 40.40 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Milage 30.60 Levy 15.00 Surcharge 30.00 . 0 ' ~ Post Pone Sale Law Journal Patriot News Share of Bills So Answers, nTho'mas Kline, S f By Real Estate Coordinator OF 20.00 401.00 a? 1tif? w 334.77 15.43 C n?4 949.70 ? ?/a ?l'Ocf h,. ' a r Ck -7,SdZ f?? J.7 ? 951 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-06995P Defendants. CIVIL ACTION -- LAW Action in Mortgage Foreclosure Instrument No. 200731497 AFFIDAVIT PURSUANT TO PA. R. CIV. P. 3129.1 AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L08999-0037 P.O. Box 8521 Reading, PA 19603 [610] 374-8211 AGFS Account No. 13517058 Fax [610] 372-2361 E-mail: cnpageaaabcglaw.com AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, vs. Plaintiff, TROY A. ECKENRODE and WENDY ECKENRODE, PLAINTIFF, American General Consumer Discount Company, by its undersigned attorneys, sets forth as of January 16, 2008 the following information concerning the real estate known as313 Walnut Dale Road, Shippensburg (Southampton Township), Cumberland County, PA 17257: 1. Name and address of owner or reputed owner: Troy A. Eckenrode 313 Walnut Dale Road Shippensburg, PA 17257 2. Name and address of each defendant in the judgment: Troy A. Eckenrode 313 Walnut Dale Road Shippensburg, PA 17257 37038.1 F'? Wendy Eckenrode 313 Walnut Dale Road Shippensburg, PA 17257 3. Name and address of every judgment creditor whose judgment is of record against the real property to be sold: American General Consumer Discount Company 801 Wayne Avenue Chambersburg, PA 17201 4. Name and address of the last recorded holder of every mortgage of record against the real property to be sold: American General Consumer Discount Company 801 Wayne Avenue Chambersburg, PA 17201 5. Name and address of every other person who has any record lien against the property: None. 6. Name and address of every other person who has any record interest in the property, whose interest may be affected by the saleNone. 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest or potential interest in the property which may be affected by the sale: Shippensburg Area School District 317 North Morris Street Shippensburg, PA 17257 Cumberland County Tax Claims Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Office 37038.1 _2_ 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Township of Southampton 200 Airport Road Shippensburg, PA 17257 Southampton Township Water Authority 200 Airport Road Shippensburg, PA 17257 Southampton Township Sewer Authority 725 Municipal Drive Shippensburg, PA 17257 Vivian Coy, Tax Collector 200 Airport Road Shippensburg, PA 17257 I verify that the statements made in this Affidavit are true, correct and complete 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. § 4904 which penalizes unsworn falsification to authorities. Dated: January 16, 2009. AUSTIN, BOLAND, CONNOR & GIORGI By C1em?SOn?IVae, Jr., Esquire For Plaintif 37038.1 _3_ AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 Attorney for Plaintiff 44 North Sixth Street File No. L08999-0037 P.O. Box 8521 Reading, PA 19603 [610] 374-8211 AGFS Account No. 13517058 Fax [610] 372-2361 E-mail: cnpage(abcglaw.com AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff, vs. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA TROY A. ECKENRODE and WENDY ECKENRODE, No. 2008-06995P Defendants. CIVIL ACTION -- LAW Action in Mortgage Foreclosure Instrument No. 200731497 MORTGAGOR'S AND DEFENDANT'S NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Dated: , 2009. To: Troy A. Eckenrode 313 Walnut Dale Road Shippensburg, PA 17257 Wendy Eckenrode 313 Walnut Dale Road Shippensburg, PA 17257 The real estate located at 313 Walnut Dale Road, Shippensburg (Southampton Township), Cumberland County, Pennsylvania 1725' is scheduled to be sold at a Sheriff's Sale on Wednesday, June 10, 2009 at 10:00 A.M., prevailing time, in the location to be posted at all entrances to the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17011 to enforce the court judgment of $94,807.38, plus interest and costs, obtained by American General Consumer Discount Company, Plaintiff, against you. 37039.1 -1- NOTICE OF OWNER'S RIGHTS: YOU MAY BE ABLE TO PREVENT THIS SALE 1. The sale will be canceled if you pay to American General Consumer Discount Company the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may callClemson N. Page, Jr., Esquire, attorney for the Plaintiff, at 610-374-8211. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to help you assert your rights. The sooner you contact one, the better your chances of stopping or postponing the sale. (See notice on following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped or postponed, your property will be sold to the highest bidder. You may find out the bid price by contacting theSheriff of Cumberland County at 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this mas happened, you may call theSheriff of Cumberland County at 717-240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale had never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff records a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 37039.1 -2- 6. You may be entitled to a share of the money which was paid for the property. A Schedule of Distribution of the money bid for the property will be filed by the Sheriff thirty (30) days after the sale. This Schedule will state who will be receiving the money. The money will be paid out in accordance with this Schedule unless exceptions (statements of reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of Distribution is filed. 7. You may also have other rights or defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR. LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 AUSTIN, BOLAND, CONNOR & GIORGI By Cle on r P e, Jr. For Plaintiff. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT, AND SHOULD NOT BE CONSTRUED TO BE, AN ATTEMPT TO COLLECT A DEBT, BUT MERELY AS A PROCEEDING TO ENFORCE A VALID LIEN AGAINST PROPERTY, WHICH LIEN SURVIVES BANKRUPTCY DISCHARGE. 37039.1 -3- ?.,,?. ,n...,w .„?.,rm.?..nrw.m?,- LEGAL DESCRIPTION OF 313 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 (SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY) Judgment: 94,581.78 plus interest & costs ALL THAT CERTAIN lot of ground situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a railroad spike set in Township Route 323, known as Walnut Dale Road, at the corner of Lot No. 3 on the hereinafter described Subdivision Plan; thence North 24 degrees 57 minutes 20 seconds East, 190.87 feet to an existing railroad spike at the corner of lands now or formerly of Daniel C. Mixell, known as Lot No. 2 on the hereinafter described Subdivision Plan; thence along said lands now or formerly of Daniel C. Mixell, South 59 degrees 19 minutes 10 seconds East, 233.92 feet to an existing iron pin at lands now or formerly of the Commonwealth of Pennsylvania; thence along said lands now or formerly of the Commonwealth of Pennsylvania, South 49 degrees 21 minutes 17 seconds West, 249.48 feet to a set iron pin at the corner of remaining lands now or formerly of Donald Bauseman, known as Lot No. 3 on the hereinafter described Subdivision Plan; thence along said Lot No. 3, North 43 degrees 58 minutes 51 seconds West, 141.34 feet to a set railroad spike in Township Route 322, the place of beginning. CONTAINING a total area of 40,660 square feet (0.933) and designated as Lot No. 4 on a Subdivision Plan of Lands for Donald Bauseman, dated December 6, 1991, prepared by Steven P. Wolfe and recorded in Cumberland County Plan Book 64, page 105. Subject to easements, restrictions, and covenants of record, if any. Tax ID: 39-14-0165 TO BE SOLD AS the property of Troy A. Eckenrode and Wendy Eckenrode, husband and wife. 37058.1 WRIT OF EXECUTION and/or ATTACHMENT' COMMONWEALTH OF PENNSYLVANIA) NO 08-6995 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff (s) From TROY A. ECKENRODE AND WENDY ECKENRODE (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 $94,581.78 L.L. $.50 Interest FROM 1/9/09 - 1/16/09 - $225.60 Atty's Comm Due Prothy $2.00 Arty Paid $182.32 Other Costs Plaintiff Paid Date: JANUARY 21, 2009 C tis R. Lon o ota (Seal) By: Deputy REQUESTING PARTY: Name CLEMSON N. PAGE, JR., ESQUIRE Address: AUSTIN, BOLAND, CONNOR & GIORGI 44 NORTH SIXTH STREET P.O.BOX 8521 READING, PA 19603 Attorney for: PLAINTIFF Telephone: 610-374-8211 Supreme Court ID No. 25616 Real Estate Sale # 26 On January 29, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 313 Walnut Dale Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 29, 2009 By: I"N 'The Patriot-News Co. 812 Market St.. Harrisburg, PA 17101 Inquiries - 717-255-8213 %' CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patr1*otwXtws Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05101/09 05/08/09 ............. Sworn to a scribed before m this 1 ay, of May, 2009 A.D. Notary Public EA PENN91fLVANIA Notarial Seal gwo* L. Kisner, Notary Public City of Harrisburg; Dauphin County ?or?xriissbn E;m Nov. 26, 2011 munb . pMnsylvania Association of Notaries Real Estate Sale No. 26 Writ No. 2008-6995 Civil Term American General Consumer Discount Company VS Troy A. Eckenrode and Wendy Eckenrode Attorney Clemson N. Page, Jr. LEGAL DESCRIPTION LEGAL DESCRIPTION OF 313 WALNUT DALE ROAD SHIPPENSBURG. PA 17257 (SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY) Judgment: 94,581.78 plus interest & costs ALL THAT CERTAIN lot of ground situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows; BEGINNING at a railroad spike set in Township Route 323, known as Walnut Dale Road, at the corner of Lot No.3 on the hereinafter described Subdivision Plan; thence North 24 degrees 57 minutes 20 seconds East, 190.87 feet to an existing railroad spike at the corner of lands now or formerly of Daniel C. Mixell, known as Lot No. 2 on the hereinafter described Subdivision Plan; thence along said lands now or formerly of Daniel C. Mixell. South 59 degrees 19 mimnes 10 seconds East, 233.92 feet to an existing iron pin at lands 'now or formerly of the Commonwealth of Pennsylvania; thence along said lands now or formerly of the Commonwealth of Pennsylvania, South 49 degrees 21 minutes 17 seconds West, 249.48 feet to a set iron pin at the comer of remaining lands now or formerly of Donald Bauseman, known as Lot No. 3 on the hereinafter described Subdivision Plan; thence along said Lot No. 3, North 43 degrees 58 minutes 51 seconds West, 141.34 feet to a set railroad spike in Township Route 322, the place of beginning. CONTAINING a total area of 40,660 square feet (0.933) and designated as Lot No. 4 on a Subdivision Plan of Lands for Donald Bauseman, dated December 6, 1991, prepared by Steven P. Wolfe and recorded in Cumberland Countv Plan Book 64. nape 105. REAL ESTATE BALE NO. 26 Writ No. 2008-6995 Civil American General Consumer Discount Company vs. Troy A. Eckenrode and Wendy Eckenrode Atty.: Clemson N. Page, Jr. LEGAL DESCRIPTION OF 313 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 (SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY) Judgment: 94,581.78 plus interest & costs ALL THAT CERTAIN lot of ground situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a railroad spike set in Township Route 323, known as Walnut Dale Road, at the cor- ner of Lot No. 3 on the hereinafter described Subdivision Plan; thence North 24 degrees 57 minutes 20 sec- onds East, 19+0.87 feet to an ea g r#Anmd spike at the corner of lassis now or formerly of Daniel C. NUW, known as Lot No. 2 on the hereinafter described Subdivision Plan; thence along said lands now or formerly of Daniel C. Mixell, South 59 degrees 19 minutes 10 seconds East, 233.92 feet to an existing iron pin at lands now or formerly of the Commonwealth of Pennsylvania; thence along said lands now or formerly of the Com- monwealth of Pennsylvania, South 49 degrees 21 minutes 17 seconds West, 249.48 feet to a set iron pin at the corner of remaining lands now or formerly of Donald Bauseman, known as Lot No. 3 on the hereinafter described Subdivision Plan; thence along said Lot No. 3, North 43 de- grees 58 minutes 51 seconds West, 141.34 feet to a set railroad spike in Township Route 322, the place of beginning. CONTAINING a total area of 40,660 square feet (0.933) and des- ignated as Lot No. 4 on a Subdivision Plan of Lands for Donald Bauseman, dated December 6, 1991, prepared by Steven P. Wolfe and recorded in Cumberland County Plan Book 64, page 105. Subject to easements, restrictions, and covenants of record, if any. Tax ID: 39-14-0165. TO BE SOLD AS the property of Troy A. Eckenrode and Wendy Eck- enrode, husband and wife.