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HomeMy WebLinkAbout09-1276CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC. Plaintiff, V. BRENDA STONE and DOMINGO VAZQUEZ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. Gw- CIVIL ACTION Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pennsylvania Telephone number (717) 249-3166 SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC. Plaintiff, V. BRENDA STONE and DOMINGO VAZQUEZ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 115- ?? 76 CIVIL ACTION Defendants SAMIS, FLOWER & LP4DSAY 26 West High Street Carlisle, PA COMPLAINT 1. Plaintiff Cumberland Valley Habitat for Humanity, Inc., is a Pennsylvania non-profit corporation with a mailing address of 39 Heisers Lane, Carlisle, Pennsylvania 17015. 2. Defendant Brenda Stone is an adult individual residing at 40 Bellaire Avenue, Carlisle, Pennsylvania 17013. 3. Defendant Domingo Vazquez is an adult individual residing at 40 Bellaire Avenue, Carlisle, Pennsylvania 17013. 4. Defendants are the owners of the real property subject to the mortgage described below. 5. On or about July 2, 2004, in consideration of their indebtedness to plaintiff in the amount of fifty-three thousand two hundred and sixteen dollars ($53,216.00), defendants made, executed and delivered to plaintiff their promissory note in favor of plaintiff, in the amount of fifty-three thousand two hundred and sixteen dollars ($53,216.00) (the "Note"). 6. As security for the performance of their obligations under the Note, defendants made, executed and delivered to plaintiff a mortgage upon the real property located at 40 Bellaire Avenue (the "Mortgage"), which Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1872 Page No. 3279. A true and correct copy of the Mortgage is attached hereto, made a part hereof and marked as Exhibit "A." 7. The Mortgage covers the following described property: ALL that certain lot of ground situate in North Middleton Township, Cumberland County, Pennsylvania and being Lot No. 39 as shown on Plan No. 2 of Hill Top Manor, dated May 27, 1964, and recorded March 31, 1967, in Cumberland County Plan Book 18, Page 77, as follows: LOT No. 39: BEGINNING at a point on the northern line of Bellaire Avenue (33 feet wide) at the line dividing Lots Nos. 38 and 39 as shown on the previously mentioned plan; thence by the northern line of Bellaire Avenue by a curve to the left having a radius of 113 feet the arc distance of 70.0 feet to the line dividing Lots Nos. 39 and 40 as shown on said Plan; thence by said dividing line North 04 degrees 09 minutes 30 seconds East 162.27 feet to a point; thence South 68 degrees 05 minutes 30 seconds East 167.79 feet to a point; thence by the dividing line between Lots Nos. 38 and 39 South 39 degrees 39 minutes West 162.27 feet to the place of BEGINNING. ON the North by property now or late of Charles Waggoner; on the East by an alley; on the South by property now or late of Samuel Brake; and on the West by North Pitt Street. CONTAINING 24 feet in front on said North Pitt Street, and extending at an even width 112 feet, more or less, in depth to said alley on the East, being improved with a brick dwelling house known as No. 147 North Pitt Street. FLOWER ? LENDS" 26 West High Street Carlisle, PA 8. On January 8, 2007, the Mortgage was assigned to Orrstown Bank, a Pennsylvania Corporation, by Plaintiff, which Assignment is recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 733, Page 2953. A copy of the Assignment is attached hereto, made a part hereof and marked Exhibit "B." 9. On July 2, 2008, the Mortgage was assigned to Plaintiff by Orrstown Bank, a Pennsylvania corporation, which Assignment is recorded in the Office of the Recorder of Deeds of Cumberland County in Instrument Number 200827115. A copy of the Assignment is attached hereto, made a part hereof and marked Exhibit "C." 10. Beginning with the payment due on March 1, 2008, defendants have failed to pay plaintiff the mortgage payment due. 11. Pursuant to the terms of the Note, plaintiff has made demand for payment of all sums due and owing thereunder, but payment has been refused. 12. Defendants are indebted to plaintiff under the Note and Mortgage as follows: Principal as of March 2, 2009: $ 4,422.84 Late Fees: $ 120.00 Total Amount Due: $ 4,542.84 13. Pursuant to the notice provisions of Act 6, 41 P.S. § 403, and Act 91, 35 P.S. § 1680.403(c), plaintiff sent notice of intention to foreclose mortgage dated December 2, 2008 to the defendants by certified mail, return receipt requested and by first class mail. A copy of the notice of intention to foreclose mortgage sent to the defendants is attached hereto as Exhibit "D". Defendants have failed to cure the default. 14. Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice and have further failed to meet the time limitations specified in the notice. WHEREFORE, plaintiff demands judgment in its favor and against defendants in the amount of $ 4,542.84, together with costs and attorney fees. Respectfully Submitted, Date: By: /" f ;? on E. Kelso A Supreme Court ID No. 209107 Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17103 (717) 243-6222 (fax) 243-6486 SAIDIS, FLOWER & ANDS" RNMEW 26 West High Street Carlisle, PA u CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC. : Plaintiff, V. BRENDA STONE and DOMINGO VAZQUEZ : Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. CIVIL ACTION VERIFICATION I, Jerry Nichols, Executive Director of Cumberland Valley Habitat for Humanity, Inc., being authorized to do so on behalf of Cumberland Valley Habitat for Humanity, Inc., hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge 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. CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC. SAMIS, FLONVERR & LINDSAY ATTOWNEINAMM 26 West High Street Carlisle, PA f/'? /Vs Date. 4, - 0, 7 0 MORTGAGE THIS MORTGAGE ("Security Instrument") is given on July 2, 2004. The mortgagor is Domingo Vazquez and Brenda Stone, whose address is 40 Bellaire Avenue, Carlisle, Cumberland County, Pennsylvania 17013 ("Borrower"). This Security Instrument is given to CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC., a Pennsylvania non-profit corporation with mailing address of P.O. Box 147, Carlisle, Cumberland County, Pennsylvania ("Lender"). Borrower owes Lender the principal sum of Fifty-three thousand, Two Hundred Sixteen and 00/100 Dollars (U.S. $53,216.00) This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on August 1, 2029. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, and all renewals, extensions and modifications; (b) the payment of all other sums advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Cumberland County, Pennsylvania: SEE EXHIBIT "A" (LEGAL DESCRIPTION) ATTACHED With address of 40 Bellaire Avenue, Carlisle, PA 17013 p - TOGETHER WITH all the improvements now or hereafter erected on C.. <' " the property, and all easements, rights, appurtenances, rents, ' r f royalties, mineral, oil and gas rights and profits, water rights =`=?+ and stock and all fixtures now or hereafter a part of the property. C" All replacements and additions shall also be covered by this C_, Security Instrument. All of the foregoing is referred to in this mil''' -- 3 x Security Instrument as the "Property." ? z rn r- C.3 BORROWER COVENANTS that Borrower is lawfully seized of the - rn rr. -c a estate hereby conveyed and has the right to mortgage, grant and ?e convey the Property and that the Property is unencumbered, except a for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. Borrower and Lender covenant and agree as follows: 1. Payment of Principal; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of the debt evidenced by the Note and any late charges due under the Note. 1 8K l 872PG3279 )1108/2009 9:41:30 AM CUMBERLAND COUNTY 200427066 - Page 1 of 10 2. Fluids for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") equal to one-twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; and (b) yearly hazard insurance premiums. These items are called "escrow items." Lender may estimate the Funds due on the basis of current data and reasonable estimates of future escrow items. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency. Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or"its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3. Application of Payments. otherwise, all payments received by shall be applied: first, to late second, to amounts payable under principal due. 2 Unless applicable law provides Lender under paragraphs 1 and 2 charges due under the Note; paragraph 2; and last, to B1t1872PG3280 )1/08/2009 9:41:30 AM CUMBERLAND COUNTY Inst.# 200427066 - Page 2 of 10 4. Charges; Lions. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. BOWWWR. SHALL NOT PZMaT A SZCOND MRTGAGZ OR THE LIZN OF ANY OTHZR SUMMINATZ FINANCING TO BE PLACED AGA2NST THE PROPZRTY FOR FIVE YZARS FROH THE DATE OF THE NOTZ. 5. Hazard Insuranoe. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically N 1872PG328 i 01/08/2009 9:41:30 AM CUMBERLAND COUNTY Inst.# 200427066 - Page 3 of 10 feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Use as Principal Residence. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commit waste, nor allow any illegal activity to occur on the Property. Borrower shall occupy the Property at all times as a principal residence and shall not lease the Property or any portion of the Property to any person. 7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall be payable upon notice from Lender to Borrower requesting payment. 4 ofl872PG3282 01/0812009 9:41:30 AM CUMBERLAND COUNTY Inst.# 200427066 - Page 4 of 10 S. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lander Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Bt ] 872PG3283 01/08/2009 9:41:30 AM CUMBERLAND COUNTY Inst.# 200427066 -Page 5 of 10 11. Successors and Assigns Bound; Joint and Several Liability; Co-signors. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 6 un 1872PG32844 11/08/2009 9:41:30 AM CUMBERLAND COUNTY inst.# 200427066 - Page 6 of 10 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument; including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this 8N 1872 PG 3285 01/08/2009 9:41:30 AM CUMBERLAND COUNTY inst.# 200427066 - Page 7 of 10 right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. 19. Acceleration; Resedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. 21. Release. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 22. Reinstatea=t Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 23. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to BK 18 72PDOZ8.6 3110812009 9:41:30 AM CUMBERLAND COUNTY Inst.# 200427066 - Page 8 of 10 s the Property, this Security Instrument shall be a purchase money mortgage. 24. Interest Rata After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the legal rate. 25. Further Obligation of Borrower. Borrower and Lender have entered into a certain Right of First Refusal and Shared Appreciation Agreement dated the same date as this Security Instrument, and Borrower agrees that any actual or attempted breach or violation by Borrower of that Agreement shall be a default under this Security Instrument and shall entitle Lender to exercise all of its rights under this Security Instrument, including acceleration. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument. Witnes ec' CPS It) ??, 6-(4( I hereby certify that the precise residence and complete post office address of the within Mort P.O. Box 147, Carlisle, PA 17013 ttor y/ ent Mortgagee Rober C. Saidis, Esq. COMMONWEALTH OF PENNSYLVANIA ) }. ss. COUNTY OF CUMBERLAND ) On this, the 2nd day of July, 2004, before me, the undersigned officer, personally appeared Domingo Vazquez and Brenda Stone, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the, purposes therein contained. IN WITNESS WHEREOF, I hereunto ?et my hand Abd-Vfficial seal. ary 9 WAL Aly 041N46 PA pNia=R Dv-' 136 W1872PG32.87 01/08/2009 9:41:30 AM CUMBERLAND COUNTY Inst.# 200427066 - Page 9 of 10 r ZIMIBIT „A„ LEGAL aa9CRIPTION ALL that certain lot of ground situate in North Middleton Township, Cumberland County, Pennsylvania and being Lot No. 39 as shown on Plan No. 2 of Hill Top Manor, dated May 27, 1964, and recorded March 31, 1967, in Cumberland County Plan Book 18, Page 77, as follows: LOT No. 39: BEGINNING at a point on the northern line of Bellaire Avenue (33 feet wide) at.the line dividing Lots Nos. 38 and 39 as shown on the previously mentioned plan; thence by the northern line of Bellaire Avenue by a curve to the left having a radius of 113 feet the arc distance of 70.0 feet to the line dividing Lots Nos. 39 and 40 as shown on said Plan; thence by said dividing line North 04 degrees 09 minutes 30 seconds East 162.27 feet to a point; thence South 68 degrees 05 minutes 30 seconds East 167.79 feet to a point; thence by the dividing line between Lots Nos. 38 and 39 South 39 degrees 39 minutes West 162.27 feet to the place of BEGINNING 21-032 . 11 county PA c' `4 Recorder of Deeds )1/08/2009 9:41:30 AM CUMBERLAND COUNTY Inst.# 200427066 - Page 10 of 10 For value received, CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC., a Pennsylvania nonprofit corporation, does hereby grant, sell, convey, assign and delivery unto ORRSTOWN BANK, A Pennsylvania Banking Corporation, 77 But King Street, Shippensburg, Pennsylvania 17257, its sucxeasors and assigns, the following Mortgage, together with the Note secured thereby: Name of Original Mortgagor(s): BOO VAZQM AND BRENDA STONE Secured by the real property located at: 40 BRi A x AVE=, CARLISLE, PRIMISrLVANIA 17013 Municipality: NORTH )(=I.ETON TOWNSHIP Original Principal Amount: $53,216.00 county Recorded in: CUMBERLARD Mortgage Sook :1$72 Page: 3,f79 Mortgage Recorded: JIILY 6, 2004 ??;' IN WITNESS WHEREOF, the Assignor has duly executed this Assignment the day of Q 2007. ? e, CUMBERLAND VALLEY 2 HABITAT FOR HUMANITY, INC. A Pennsylvania nonprofit corporation cn Name: lal? ?. fOtu 1--C? W N Title: ChnizRam COMMONWEALTH OF PENNSYLVANIA . : SS COUNTY OF CUMBERLAND his t day ofI-,-JDJ 2007, before me, the undersigned officer, personally appeared r . Chairpekkoonn, an authorized officer of Cumberland valley Habitat for Humanity, Inc., a Pennsylvania nonprofit corporation, and acknowledged that the, being authorized to do so, executed the foregoing instrument for the purposes therein contained. w In witness whereof, I have hereunto ffM y+and and official svpenab" cm lbatlartd Cat My CMVMIon egbw Sq* 30.20 • embe,. Ponneovanis Asso"10n Of Nc The below signer, hereby certifies that the principal place of business and Complete post office address of the within named Assignee is as follows, AND AFTER RECORDATION, THIS ASSIGNMETN IS TO BE MAILED TO: Cer i 1y th1S to be recorded hi Cumberland County PA ??:'•R Prnrr?Pr of n_ Orrstown Bank 77 East Main Street Shippensburg, PA 17257 ma r= ?r-&U?n ©733PG2953 4 )1/08/2009 9:41:44 AM COUNTY Inst.# 200701844 - Page 1 of 1 ASSIGNMENT OF MORTGAGE For value received, ORRSTOWN BANK, a Pennsylvania corporation, does hereby grant, sell, assign, transfer and convey, unto CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC., a nonprofit corporation organized and existing under the laws of the State of Pennsylvania, whose address is 39 Heisers Lane, Carlisle, PA 17015, its successors and/or assigns, the following Mortgage, together with the Note secured thereby; Name of Original Mortgagor(s): DOMINGO VAZQUEZ AND BRENDA STONE Secured by the real property located at: 40 BELLAIRE AVENUE, CARLISLE, PENNSYLVANIA 17013 Municipality: NORTH MIDDLETON TOWNSHIP Original Principal Amount: $53,216.00 Mortgage Recorded: JULY 6, 2004 County Recorded in: CUMBERLAND Mortgage Book: 1872 Page: 3279 IN WITNESS WHEREOF, the Assignor has duly executed this Assignment the day of SL\y_ , 2008. ORRSTOWN BANK, a Pennsylvania corporation By: f t f P ?^ Name: Title: VP COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On s, the Ar4day of 2008, before me, the undersigned officer, personally appeared 31?t, 4k,,-, P-Pi-u-1 , Vice President, an authorized officer of Orrstown Bank, a Pennsylvania corporation, and acknowledged that he, being authorized to do so, executed the foregoing instrument 'for- he.purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ?f 4 M \ The below signer, hereby certifies that the principal place of business and complete post office address of the within named Assignee is as follows, AND AFTER RECORDATION, THIS ASSIGNMENT IS TO BE MAILED TO: CUMBERLAND COUNTY HABITAT FOR HUMANITY, INC. 39 HEISERS LANE CARLISLE, PA 17015 X1/08/2009 9:42:12 AM CUMBERLAND COUNTY Inst.# 200827115 - Page 1 of 2 CERTIFICATE OF RESIDENCE ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200827115 Recorded On 8/8/2008 At 12:59:00 PM * Total Pages - 2 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 26740 User ID - RAK * Mortgagor - VAZQUEZ, DOMINGO * Mortgagee - CUMBERLAND VALLY HABITAT FOR HUMANITY INC * Customer - CUMBERLAND VALLEY HABITAT * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $27.00 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ?a 0 47EDS RECORDER O * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. numiuiiiiii )1/08/2009 9:42:12 AM CUMBERLAND COUNTY Inst.# 200827115 - Page 2 of 2 ACT 91 / 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: December 2, 2008 To: Brenda Stone & Domingo Vazquez 40 Bellaire Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortoaae 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 paaes. To see if HEMAP can heir), 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 the counseling agency. The name address and phone number of Consumer Credit Counselina Aaencies servina your County 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 may 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 AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Brenda Stone & Domingo Vazquez Property Address: 40 Bellaire Avenue, Carlisle PA 17013 Loan / Account number: 8886000064 PA 17201 Original Lender: F&M Bank, 20 South Main Street, Chambersburg, Current Lender: Cumberland Valley Habitat for Humanity, Inc., a Pennsylvania non-profit corporation 39 Heisers Lane, Carlisle, PA 17013 WWI FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN 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 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 the (30) days after the date of this meeting The names addresses and telephone numbers of designated consumer credit counseling agencies for the County in which the orooertv 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. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a 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 to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the and of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE 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) 2 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: 40 Bellaire Avenue, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: March 1, 2008 through October 31, 2008 at $368.56 per month. Monthly Payments Plus Late Charges Accrued $$ 30,028.54 NSF: $ 0 Inspections: $ 0 Other $ 0 (Suspense) Total amount to cure default $ 3,028.54 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A 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 $3,028.54, 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: Cumberland Valley Habitat for Humanity, Inc., 39 Heisers Lane, Carlisle, PA 17013, (717) 2584830. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. 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 mortnaae debt. This means 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 attorney to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to 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 SALE - If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paving the total amount then past due plus any late or other charges then due reasonable attomey's fees and costs connected with the foreclosure sale and an 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. 3 EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) 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 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: Cumberland Valley Habitat for Humanity, inc. 39 Heisers Lane, Carlisle PA 17013 phone - (717) 258-1830 fax - (717) 258-9011 email - ed-cvhfh@embargmail.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the 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 MORTGAGE - You _ may or 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 cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, SAIDIS, FLOWER & LINDSAY George F. Douglas, III, Esquire cc: Jerry Nichols, ED CVHFH (Account Number 8886000064) Mailed by 1•' Class mail 1 Certificate of Mailing and Certified Mail No. 7008 0150 0001 6188 4087 4 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES Adams County Housing Authority CCCS of Western PA 139-143 Carlisle St. 2000 Linglestown Road Gettysburg, PA 17325 Harrisburg, PA 17102 (717) 334-1518 (717) 541-1757 Financial Counseling Loveship, Inc. Services of Franklin 2320 North 5th Street 43 Philadelphia Avenue Harrisburg, PA 17110 Waynesboro, PA 17268 (717) 232-2207 (717) 762-3285 Urban League of Metropolitan Hbg 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 PHFA 2101 North Front Street P. O. Box 15530 Harrisburg, PA 17105 (717) 780-3940 5 Sheriffs Office of Cumberland County Thomas Kline cow of C"0T6'P'r'j ? Edward L Schorpp Solicitor Ronny R Anderson=?< Jody S Smith Chief Deputy OFFICE OF TAE S4ERI€F Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/09/2009 07:25 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 09, 2009 at 1925 hours, he served a true copy of the within Complaint iand Notice, upon the within named defendant, to wit: Brenda Stone by making known unto Brenda Stone personally, at 40 Bellaire Avenue, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/09/2009 07:25 PM - R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within barred defendant to wit: Domingo Vazquez at 40 Bellaire Avenue, Carlisle, Cumberland County, Pennsylvania but was unable to locate him in his bailiwick he therefore returns the within Complaint as not found as to the defendant, Domingo Vazquez. Brenda Stone advises the defendant lives somewhere in Harrisburg exact address not available. SHERIFF COST: $53.92 (PAID) March 16, 2009 2009-1276 Cumberland Valley Habitat for Humanity VS Brenda Stone SO ANSWERS, IRR THOMAS KLINE, SHERIFF By X/- Deputy Sheriff co -Y. „ FILED-OFFICE OF THE PRO T I- ONO TAR Y' 2010 SEA' 29 A 10: 57 CUMBERLAND COUINT P'EI'k'iN SY VA k''A CUMBERLAND VALLEY HABITAT : COURT OF COMMON PLEAS OF FOR HUMANITY, INC. : CUMBERLAND COUNTY, PENNSLYVANIA Plaintiff, V. NO. 09-1276 BRENDA STONE and DOMINGO VAZQUEZ : CIVIL ACTION Defendants PRAECIPE TO THE PROTHONOTARY: Please withdraw Plaintiffs Complaint without prejudice. Date: ?11 q11') By: Respectfully submitted, SAIDIS SOLLIVAN LAW on E. Kelso, Esquire ttorney I.D. No. 209107 26 West High Street Carlisle, PA 17013 (717) 243-6222 Fax: (717) 243-6486 ikelsoO.sfl-law.com Counsel for Plaintiff SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA I"ILED-O EICE- O T HIE FRO`i I- OHOT'AR'( 2910 SEP 2 9 AN ltd: 5 7 CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC., Plaintiff V. BRENDA STONE and DOMINGO VAZQUEZ, Defendants CUMBERLAND COUNTY' PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1276 : CIVIL ACTION PRAECIPE TO MODIFY ENTRY OF APPEARANCE Please modify my appearance on behalf of Plaintiff, CUMBERLAND VALEY HABITAT FOR HUMANITY, INC. from Jason E. Kelso, Esquire, Saidis, Flower & Lindsay, 26 West High Street, Carlisle, PA 17013 to Jason E. Kelso, Esquire, Saidis Sullivan Law, 26 West High Street, Carlisle, PA 17013. Papers may be served at the address set forth below. Respectfully submitted, SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA Date: Z Srlu SAIDS SULLIVAN LAW on E. Kelso, Esquire ttorney I.D. No. 209107 26 West High Street Carlisle, PA 17013 (717) 243-6222 Fax: (717) 243-6486 ikelso@sfi-law.com Counsel for Plaintiff