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HomeMy WebLinkAbout09-2219 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 AIARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everhome Mortgage Company 8100 Nations Way Jacksonville, Florida 32256 V. Keith Sultzbaugh 806 Briarwood Lane Camp Hill, Pennsylvania 17011 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number Q?- dal /1 0 vi' T(V ?h CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIES QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Everhome Mortgage Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Keith Sultzbaugh, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 806 Briarwood Lane, Camp Hill, Pennsylvania 17011. 3. On October 7,1988, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Harris Savings Association which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 919, Page 693. 4. On November 16, 1999, the aforesaid mortgage was thereafter assigned by Harris Savings Association to Alliance Mortgage Company, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Book 630, page 599. 5. The aforesaid mortgage was thereafter assigned by Alliance Mortgage Company to Everhome Mortgage Company, Plaintiff herein, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 806 Briarwood Lane, Camp Hill, Pennsylvania 17011. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due December 1, 2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $ 45,759.21 Interest through March 19, 2009 $ 1,399.90 (Plus $10.02 per diem thereafter) Attorney's Fee $ 1,300.00 Late Charges $ 111.40 Corporate Advance $ 70.50 GRAND TOTAL $ 48,641.01 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $48,641.01, together with interest at the rate of $10.02 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: I Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: C W " [Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE TIIIS IS AN ADJUSTAS ^.ATE MORTGAGE ALLOWING FOR CHA ° IN THE INTEREST RATE ANL -. BEFORE CHANGES IN THE MONTHLY 'TENTS d?-i/S9a [spece Above This Line For Recording oeta] MORTGAGE . .;?...................., THIS MORTOAOE ('.Security Instrument') is given on ...... ctober. 7 ..................... ...... 19...8$... The mortgagor is ........K?iZ1a. A ?...&>l) ki1bA>}8h ........................................................... .......... ...................... ............................................................................. ("Borrower"). This Security Instrument is given to ................................... HURID..BAn . t.AN09Q 1 .4 eco C s ni ie?ta, under the laws of.. aurae .°.......inns?yYva'n'i a ,....... and whose address is ..................................................... R!}F#iFb1l3?1[e..$?....1T10? ........... ... .. .... .... ?(/'7. aar.a;'.pia......... Borrower owes Latder the principal stem of . ..... .?4!!4P1 X...$tiven Thou}and, 81z„Hn der ...... ............................ Dollars (U.S. $34600-Al) ............ ). This debt is evidenced by Borrower's note dated the same date as this Securittyy?Instrument rr'Note"l' which provides for monthly payments, with the full debt, if not paid earlier, due and payable on....$Rvaber..I,r.16 .............................................................. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose. Borrower..does hereby mortgage, grant and convey to Lender the following described property located in ........SrumbeFlsnd ..................................................................................................... County, Pennsylvania: MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF BY REFERENCE. 0 co ' :`' A +?' it hib E x :1• rrl - . :i ..............., which has the address of .......&Ab..3rUrwQd.I,AA4 ........................................... ...GAMR.10.1....................... [streetl Icier] Pennsylvania ...................17011......................... ("Property Address"); [Z4 Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights. appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter apart of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. PENNSIILVANIA-single Family--- FFIMA/FHLMC UNIFORM INSTRUMENT Form 3039 12/83 BOOK 919 rAcE 603 UNIFORM COVENANTS. Borrower and Lender covenant and ague as follows: 1. Payment of Principal aid Interest; Prepaymat ad Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due u nder the Note. 2. Fads for Taxestad Iaauaace. 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 ("Inds") equal to onatwelRh of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly leaaelald payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums (d) yearly mortgage insurance premiums, if any. These items are called "escrow items." Lender may estimate thy; ties 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 g it federal or sate agency (including Lender if Lender is such an institution). Lender shall apply the Funds to t ° ow items. Lender may not charge for holding and applying the Funds, analyzing the account or verifying the, r items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a c ` rrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is livable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings a nds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits th unds and the purpose for which each debit to the Funds was made. The Funds arc pledged as additional security for the 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 dirt, 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 sawed by this Security Instrument, Larder shall promptly refund to Borrower any Funds held by Lender. If under paragraph 19 the Property is sold of 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 Payraats. Unless applicable law provides otherwise, all payments received by Larder under paragraphs 1 and 2 shall be applied: first, to late charges due under the Note; second, to prepayment charges due under the Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due. 6. Charges; Liao. Borrower shall pay adl taxes, assessments, charges, lines 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 enfor eaent 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) secure 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 He , or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hwrd Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Leader 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 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.prooteds 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 I 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; Laukelds. Borrower shall not destroy, damallc or substantially change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Leader'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 proaoding 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 udder 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 bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. BOOR 019 net 691 CONVERTIBLE ARM RIDER No Payment Cap) THIS CONVERTIBLE ARM RIDER is made this _7{ysday of 19_gg and is inewpold into and shall be deeaod to amend and supplement the Mortgage. Deed of Trust or Security Deed (the -Security Instrument-) of die same date given by the undersigned (the "Borrower") to secure Borrower's Convertible ARM Note (the -Note) to (the "Lender") of the gust deft and covering *A property etaetibe I in the Security Instrument and located at: AM Aril A r nd Lan, ?Com 111411 PA IZA11 Iris - r A&Irml THE NOTE CONTADtS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. IF THE INTEREST RATE INCREASES, BORROWER'S MONTHLY PAYMENTS WILL BE HIGHER. IF THE INTEREST RATE DECREASES, BORROWER'S MONTHLY PAYMENTS WILL BE LOWER. ON THE CHANGE DATE(S) SPECIFIED BELOW, BORROWER MAY CONVERT THE ADJUSTABLE RATE LOAN INTO A FIXED RATE, LEVEL PAYMENT, FULLY AMORTIZING LOAN. AsotTto14AL COYENAM. In addition to the covenants and ogrcemem is made in the Security Instrument. Borrrowerand Lender fumiwr covenant and agree as follow A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides foran initial interest rate of 7 5DfL . The Note provides for changes in the interest rate aw the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Climar Data The interest rate I will pay rosy change on the first day of November 19-2, and on that day every 12 th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) TAe Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly avenge yield on United States Treasury securities adjusted to o constant maturity of ens! years. as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TM and 501 On percentage points (__2,.3096) to the Curren Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one perccons a point (0.125%). This rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the principal I am expected to owe at the Change Dale in full on the maturity dale at my now interest rate in substantially equal payments. The result of this calculation will be the new araaum of my monthly payment. * (D) Effective Date of Changes My now interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (E) Nonce of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. If I may convcm my loan as provided in Section 3 of this Note, the notice will also include the following information: (() the fixed interest rate I will pay if I choose to convert my loan into a fixed interest rate loan; (I!) the amount of my new monthly payment at the fixed rate of interest; and (iii) a date, not more than 13 days from the date the notice is given, by which I must execute and deliver to Lender a document in the form that Leader may require evidencing the modification of the Note to provide for a fixed interest rate. R. CONVERSION TO FIXED INTEREST RATE The Nose also provides the Borrower an option to convert the adjustable rate loan into a fixed interest rate loan a follows: 5. CONVERSION TO FIXED INTEREST RATE (A) My Option to Converl On the first and subseongn'! Change Date(s),Imayconvert the adjustable rare low evidenced by this Note into a fixed interest rate ban to be fully repaid in substantially equal monthly payments of principal and interest over the remaining term of the loan. (B) My Fixed Rate of Interest and Monthly Payments If I choose to convert too fixed interest rate, the Note Holder will sot the fixed rate of interest that I will pay ato rate equal to the sum of (I) the Federal Horne Loan Mortgage Corporation's Required Net Yield for 60-day delivery of 30 year, fixed rate mortgages available 43 days prior to the Change Date on which I exercise my option to convM, plus 00 three-eighths of one perctmtago point z (.375%). If no such Required Net Yield is available, the Note Holder will determine the fixed interest rote by using s comparable figure. The new fixed interest rate will become effective on the Change Date on which 1 convert to a fixed intent rate. * The interest rate Wits not be Claw red l y more than . -M.parcentage points q[l?1y te. The new interest rate shall not increase to a rate grea ter thaT11 ..9.9 p` i , i.e. aceiling gL ML4;?rf- of ,t BOOK 919 PAtE s98 ' . . My monthly payments at the now fixed interest rate will begin as of the first monthly payment after the Change Date on which I convert. The monthly payment will be the amount that is necessary lo repay in full the principal I am expected to owe at that Change Date in substantially equal payments on the maturity date at my fixed interest rate. (C) How to Convert If I choose to convert. I will be required to sign and deliver to the Note Holder the document evidencing tie modification of the Note within the period set in the-Note Holder's notice as provided in Section 4(E) above. If f do not do this within the specified period. I will not have an option to convert unless I can exercise another option another Change Dates as indicated in Section 3(A). In that case, the interest rate that 1 will pay will continue to adjust in accordance with Section 4. C. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument is amended to read as follows: Trarsder ettlse Property we Beneficial Interest in 111 rower. If all orany pact of the Property orany interest in it is sold or transferred for if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent. Lander 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 due of this Security Instrument. Lender also dull not exercise this option in connection with any sale or transfer occurring prior to s Conversion toa fixed interest rate If. (a) Borrowercauses to be submitted to Lender information required by Lender to evaluate the intended transfercc as if 4 new "a were being made to the trans(er c; and (b) Lender reasotubly determines that Leader's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or "anent in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law. Lender may churge a reasonable fee as a condition to Leader's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Leader and that obligates the tmnsfem to keep all the promises and agreements made in the Note mad in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender refeaus Borrower in writing. If Leaderexamises the option to require immediate payment in full. Lerdershall give Borrower notice of acceleration. The notice shall provide a period of nor less than 30 drys from the date the mice is delivered or mailed w Borrowe must payallsums secured byibis SavrityInstrument. IfBorrower fails to pay These wmsprior toThee: 'iMin ispaiodr . Lender may invoke any c. les permitted by this Security Instrument without furdw.notice or orrawer. D. EFFECTIVENESS OF PROVISIONS Upon Borrower's delivery of the executed modification to the Note. Section A above shall cease to be BY SIGNING BELOW. Borrower accepts and agrees to The terms and covenants contained in this Cgjer ile ARM Rider. WITNESS ` (See) & th A. Sultzbaugh Borrower (Seal) - 8orrpver State of Per --Ounty Of C RocordedIn Carlisle, Iny 3a pbf Deets ,(3 0, e oL BOOK 313 ME -699 ALL THAT CERTAIN piece or parcel of land, situate lyi:ag and being in Hampden Township, Cumberland County. Pennsylvpnia, more particularly bounded and described as follows, to it: BEGINNING at a point on the westerly right-of-way lime of Briarwood Lane, a 50.00 foot wide right-of-way, which said point of beginning is located and referenced 255.00 fe t in a northerly direction from the intersection of the we terly line of Briarwood Lane and the northerly.line of Countryside Lane, and which said point of beginning is also located at the intersection of the westerly line of Briarwood Lane and the dividing line between Lots Nos. 23 and 24 on the Plan of Lots known as "Countryside, Section (A)". thence, from said point of beginning along the dividing line between Lots Nos. 23 and 24, south 74 degrees 37 minutes west, a distance of 118.00 feet to a point on the easterly line of Lot No. 33; thence, from said point along the easterly line of Lots Nos. 33 and 32, north 15 degrjaes 23 minutes west, a distance of 85.00 feet to a point on the dividing line between Lots Nos. 24 and 25; thence,, from said point along the dividing line between Lots Non. 24 and 25, north 74 degrees 37 minutes east, a distance of 118.00 feet to a point on the westerly line of Briarwood Lane; thence, from said point along the westerly line of Briarwood'Lane, south 15 degrees 23 nutes east, a distance of 85.00 feet to I point. the poi }land place of BEGINNING. t BEING Lot No. 24 on the Plan of Lot known as. Count' de, Section (A). prepared by Charles . Junkins, Registered Surveyor, dated December 4, 1973, an recorded in the Office of the Recorder of Deeds 'of Cumberland County on April 11, 1974, in Plan Book 112511, Page 6. HAVING thuruon cructvd it dwulling holuiu being knoilp and nuwburud an prumiuuu 1106 Driarwuud I.uuu, 'Cuwp Ilill, Punnuylv:lllla.. BEING the same premises which Lewis C. Denham, unmarried, by deed Ited /a- 7-Ap and to be recorded herewith, granted and conveyed unto the Mortgagor herein. UNDER AND SUBJECT, NEVERTHELESS, to restrictions, conditions and easements of prior record pertaining to said premises. If Lender required mortgage insurance as a condition of making the ban secured by this $4-ty Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as the require"mt for the insurance terminates in ac cord= with Borrower's and Lender's written agreement or applicable law. 8. Inspection. Lender or its agent may make reasonable entries upon!, .., injpeceipns of the property. Lender shall give Borrower notice at the time of or prior to an inspection specifying ( (0 ,, the inspection. 9. Candelas ;den. The proceeds of any award or claim for damages umtial, 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 Lander. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Istrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, union 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 gives, 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 that 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. Harmer Not Rd*@@* Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sum seared by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability or the original Borrower or BorrOwer's successors in interest. Lender shall not be requited to commence proceedings sgainst any successor in interest or refuse to extend time for payment or otherwise modify amortisation of the sums secured by this Security Instrument by reason of any demand nude 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 exorcise of any right or remedy. It. Sneoeuera and Assips Bommd; Jolmt and Sew. WNW, Co-dgnsrs. The covenants and agreements of this Security Instrument shall bind and bet b the successors and a sign of Lender and Borrower, subject to the provisions of paragraph 17. Borrowses covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does trot execute the Note: (a) is casigming this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terns 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 contemn, 12. Lean Charges. If the loan secured by this Security Instrument is subject to a law which acts maximum loan charges, and that law is finally interpreted so that the interest or other ban 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 Borroweij which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing th? principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction I be treated as a partial prepayment without any prepayment charge under the Note. 13. LgWatim Affecting L rider's Rights. If enactment or expiration of applicable laws s the effect of rendering any provision of the Note or this Security instrument unenforceable according to its terms, Le er, at its option, any require immediate payment in full of all sums secured by this Security Instrument and may inv6ke any remedies permitted by paragraph 19, If Lender exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. 16. Notions. Any notice to Borrower provided for in this Security Inurement shall be given by doivering it or by mailing it by first class trail 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 =t shall be given by first class mail to Lender's address stated herein or any other address Lender designates by ratice er. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when en as provided in this paragraph. 15. Governing Lem, Severabllty. This Security Instrument shall be governed by federal lawn 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 Instrutlient 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. Borrow ees 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 is Borrower. If all or any part of the roperty or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrowq is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment io 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 Relnstste. 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) S 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 act; as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Props and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upo4# statement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no aeireleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or I?. BOOK 019 PAGE C% to 0- NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under J=wt; s 13 and 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: 0 (b) the action required to cure the default; (c) when the default meat be cured; and (d) that failure to cure the t as specified may result in acceleration of the sums secured by this Security Inatrvmatt, foreck mreby jtdic d proceeding and sale of the Property. Lender shall furtlier inform Borrower of the right to reinstate after acceleration and the r?lljt to assert in the foreclosure proceeding the non-existence of a default or any other defease, of Borrower to acceleration add foreclosure. If the debult is cot cured as specified, Lender at its option may require Immediate payment in full of all sums secured by this Security Instrument without f artlter demss id and may foreclose this Security Insix meat by judicial proceeding. Leader shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to, attorneys' fns and coats 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' foes, 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. BorLQwsLAW1 pay any recordation costs. 22. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs 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 the Property, this Security Instrument shall be a purchase money mortgage. 24. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 23. Rider to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check applicable box(es)] ® Adjustable Rate Rider Condominium Rider ? 2-4 Family Rider Graduated Payment Rider [] Planned Unit Development Rider Other(s) [specify) BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: ...................................... (Seal) eitl?"A":'" nTti sug6" -awrosar ...................................................... . (Seal) -awiftw (apme allow This Liras For Ackmwledammi) COMMONWEALTH OF PENNSYLVANIA, ......York ........................... County ss: On this, the. .Z0........ day of... . October., . . . ......... . 19, , before me, A Ngtary Public, ............ ... .the undersigned officer, personally appeared.. . ..............y .Sultzbgpgh................................ known to me (or satisfactorily proven) to be the person .... whose name...... he...subscribed to the within instrument and acknowledged that he ......... exacted the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. p?+F: P•?.;; , F? My Commission expires \ :rAM `• x ='?t' _ a `. '`C3'fr:.v?la NOTARY PUBLIC ...................... { HBUNY CERTIFY fiat dw precise plane of WOWS of the 1710"PO a and person NORAt111M. PA MMdad to kttarest on this mortgage Is Val l 06 HIM NMI Pubic 2nd & Pkw Stmet, Harrisburg, Pa. 17101 F*4ewT1*,, PA Yak Co. CpmptlNlOn .Nrlsf) t9rc ?. h y -Adornef 8001( US PACE 6e96 a (j) OF THF ?C ??TARY 2099 APR -g N 10: y 4 CW& f ?FRt?vSLf??'t3#A fit ?# ??? 53L?aLP a,? 3t,&y Sheriffs Office of Cumberland County R Thomas Kline Q,tr ct cuutbrr/r Edward L Schorpp Sheri 4o solicitor Ronny R Anderson y Jody S Smith Chief Deputy OFFICE 1F Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/14/2009 02:50 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 14, 2009 at 1450 hours, he served a true copy of the within Complaint in Mortgage (foreclosure, upon the within named defendant, to wit: Keith Sultzbaugh, by making known unto Kevinl Bupp, adult in charge, at 525 N. 12th S`tteet, Suite 202, Lemoyne, Camp Hill, Cumberland County, Pennsylvania, 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $56.80 SO ANSWERS, April 15, 2009 R THOMAS KLINE, SHERIFF Deputy Sheri f Docket NBo. 2009-2219 Everhome Morgage Co, v Keith Sultzbaugh r.? ? -rt Z7 ; -T_ t rulY y -=Y ? l .w ? ii '1r ' McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215 790-1010 Everhome Mortgage Company CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. Keith Sultzbaugh Defendant Number 09-2219-CIVIL TERM ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendantin the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 03/20/09 to 05/18/09 $ 48,641.01 $ 601.20 Total $ 49,242.21 _a'L e24 T RRE E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff AND NOW, this _011 day of 2009, Judgment is entered in favor of Plaintiff, Everhome Mortgage Company, and against Defendant, Keith Sultzbaugh, and damages are assessed in the amount of $49,242.21, plus interest and costs. BY E PROTHON RY: A McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everhome Mortgage Company Plaintiff V. Keith Sultzbaugh Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-2219-CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. The undersigned, being duly sworn according to taw, deposes and says that the Defendant, Keith Sultzbaugh, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Keith Sultzbaugh, is over eighteen (18) years of age, and reside as follows: Keith Sultzbaugh 525 N. 12th Street, Suite 202, Lemoyne Camp Hill, Pennsylvania 17043 SWORN AND SUBSCRIBED -Y I 0?&/l 1q. ocnl?-o PENNSYLVANIA NOTARIAL SEAL STACEY M. O'CONNELL, Notary Public City of Phil , Phila. County My Commission Expires July 10, 2012 BEFO E HIS DAY OF 12009 NOTARY P LIC C MMONWEALTH OF 41 a, RRE CE X MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everhome Mortgage Company Keith Sultzbaugh Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-2219-CIVIL TERM CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against him/her within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF 2009 NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL STACEY M. O'CONNELL, Notwy Public City of Ph is, Phh. Cou My Comm" T RRE E J. cCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unswom falsification to authorities. T RREN J. M&ABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsyhrwda' 170'13 Curt Long Prothonotary May 5, 2009 To: Keith Sultzbaugh 525 N. 12th Street, Suite 202, Lemoyne Camp Hill, Pennsylvania 17043 Everhome Mortgage Company Cumberland. County Court of Common Pleas vs. Keith Sultzbaugh Number 09-2219-CIVIL TERM NOTICE, RULE 237.5 NO'T'ICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRI.'.SENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR I,SCRrr0 CON ESTE TRIBUNAL SUS DEFENSES U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA sUYo. AL NO TOMAR LA ACCION DEB1DA DENTRO DE DIEz (10) DIAS DE LA FECHA DE FSTA NOTIFIC'ACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERF,CHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMEN e. Si LISTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA C•XPUSO A13AJO. FSTA OFICINA LO PUEDE PROPORCIONAR CON INFORMAC16N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, FSTA OFICINA PUEDE SrR CAPAZ DF PROPORCIONARLO CON INFORMACION ACL'RCA DE LAS AGENCIAS QUE PU EDL•N OFRFCER LAS SERVICIOS LEGALES A PERSONAS Et.FGIBLES EN UN HONORARIO REDIICIDO N1 NINGON HONORARIO. 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 TRN (70) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU W ITHOUT A HEARING AND YOU MAY LOSE YOURPROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE, THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUTAGENCIES THATMAYOFFER LEGAL. SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE Oft NO FEE- Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 Cumberland County Isar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 MCCABE, WEISBERG, AND CONW?AJ Y, P.C. BY: -?~)1-7A&"x -A lP, i? r Attorneys for Maintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE hm e ALP ?.Jll, •?}r- ?i E? ?, , t t5 NvT-4 9L OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Keith Sultzbaugh 525 N. 12th Street, Suite 202, Lemoyne Camp Hill, Pennsylvania 17043 Everhome Mortgage Company Plaintiff V. Keith Sultzbaugh Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 09-2219-CIVIL TERM NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. al? A Prothono X Judgment by Default - Money Judgment 5/x/09 - Judgment in Replevin // - Judgment for Possession If you have any questions concerning this Judgment, please callMcCabe, Weisberg and Conway, P. C. at (215) 790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Everhome Mortgage Company V. FILE NO.: 09-2219-CIVIL TERM Civil Term AMOUNT DUE: $49,242.21 Keith Sultzbaugh INTEREST: from 05/19/09 $865.63 at $8.09 ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 806 Briarwood Lane Camp Hill, Pennsylvania 17011 (More fully described as attached) PRAECIPE FOR ATTACJIMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: Signature: Print Name: MCCA WEISBERG AND CONWAY Address: 123 S. Broa Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supre rt ID No. O-S F,LL kpy ?jyy *aq . oc> Pa AT" X4, - ee a )Z. lass - tt ?t tt ? t .2. ro - - 1.1g.00 It It $a .oc Otw 0.0 •5o U. c jy 5455a Rr* A5&14 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Everhome Mortgage Company CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Keith Sultzbaugh Defendant NO: 09-2219-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at:806 Briarwood Lane, Camp Hill, Pennsylvania 17011, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owner or Reputed Owner Name Address Keith Sultzbaugh 525 N. 12th Street, Suite 202, Lemoyne Camp Hill, Pennsylvania 17043 2. Name and address of Defendant in the judgment: Name Address Keith Sultzbaugh 525 N. 12th Street, Suite 202, Lemoyne Camp Hill, Pennsylvania 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. 5 Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein PNC Bank National Association Address 2730 Liberty Avenue Pittsburgh, Pennsylvania 15222 Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 806 Briarwood Lane Camp Hill, Pennsylvania 17011 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales United States of America Domestic Relations Cumberland County United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Name and address of Attorney of record: Name Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. May 15, 2009 DATE J TERRE E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff -, Tel- i 2 10 1) €`iA'; 22 Ps it ': a 1 ,n. ,w McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Everhome Mortgage Company COURT OF COMMON PLEAS V. CUMBERLAND COUNTY Keith Sultzbaugh I Number 09-2219-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Keith Sultzbaugh 525 N. 12th Street, Suite 202, Lemoyne Camp Hill, Pennsylvania 17043 Your house (real estate) at 806 Briarwood Lane, Camp Hill, Pennsylvania 17011 is scheduled to be sold at Sheriffs Sale on September 2, 2009 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $49,242.21 obtained by Everhome Mortgage Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Everhome Mortgage Company the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice 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 If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find .1 ?' out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. You may also have other rights and defenses, or ways of getting your real estate 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate lying and being in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Westerly right-of-way line of Bdarwood Lane, a 50.00 foot wide right-of-way, which said point of beginning is located and referenced 255.00 feet in a Northerly direction from the intersection of the Westerly line of Briarwood Lane and the Northerly line of Countryside Lane, and which said point of beginning is also located at the intersection of the Westerly line of Briarwood Lane and the driving line between Lots Nos. 23 and 24 on the Plan of Lots known as "Countryside, Section (AY, thence, from said point of beginning along the dividing line between Lots Nos. 23 and 24, South 74 degrees 37 minutes West, a distance of 118.00 feet to a point on the Easterly line of Lot No. 33; thence, from said point along the Easterly line of Lots Nos. 33 and 32, North 15 degrees 23 minutes West, a distance of 85.00 feet to a point on the dividing line between Lots Nos. 24 and 25; thence, from said point along the dividing line between Lots Nos. 24 and 25, North 74 degrees 37 minutes East, a distance of 118.00 feet to a point on the Westerly line of Briarwood Lane; thence, from said point along the Westerly line of Briarwood Lane, South 15 degrees 23 minutes East, a distance of 85.00 feet to a point, the point and place of Beginning. HAVING thereon erected a dwelling house being known and numbered as premises 806 Briarwood Lane, Camp Hill, Pennsylvania. Being known as:: 806 Briarwood Lane, Camp Hill, Pennsylvania 17011 BEING the same premises which LEWIS C. DENHAM, UNMARRIED by deed dated October 7, 1988 and recorded October 11, 1988 in the office of the Recorder in and for Cumberland County in Deed Book 33, Page 596, granted and conveyed to Keith Sultzbaugh in fee. TAX MAP PARCEL NUMBER: 10-19-1596-113 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-2219 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EVERHOME MORTGAGE COMPANY, Plaintiff (s) From KEITH SULTZBAUGH (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 $49,242.21 Interest FROM 5/19/09 - $865.63 AT $8.09 Atty's Comm % Atty Paid $175.80 Plaintiff Paid Date: MAY 22, 2009 (Seal) REQUESTING PARTY: Name MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY, P.C. 123 SOUTH BROAD STREET SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 L.L. $.50 Due Prothy $2.00 Other Costs Deputy McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everhome Mortgage Company Plaintiff V. Keith Sultzbaugh Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-2219-CIVIL TERM AFFIDAVIT OF SERVICE I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 2009, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A." Copies of the letter and certificates of mailing are also attached hereto, made a part hereof Exhibit "B." SWORN AND SUBSCRIBED BEFORE ME THIS 8TH DAY OF JUNE, 2009 NO TARY PUBLIC ?„vaNU? 140 il?L SEAS "BELL, Nota pr;bfC ry • q t) MIT, Phila. County rfassslian d ires June 2, 2011 ;? ?;Com TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff day of June, marked as McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Attorneys for Plaintiff Everhome Mortgage Company CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Keith Sultzbaugh Defendant NO: 09-2219-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the of Execution was filed the following information concerning the real property located at:806 Bi Hill, Pennsylvania 17011, a copy of the description of said property being attached hereto and r I. Name and address of Owner or Reputed Owner Name Address Keith Sultzbaugh 525 N. 12th Street, Suite 202, Lemoyne Camp Hill, Pennsylvania 17043 2. Name and address of Defendant in the judgment: Name Address Keith Sultzbaugh 525 N. 12th Street, Suite 202, Lemoyne Camp Hill, Pennsylvania 17043 3. Name and last known address of every judgment creditor whose judgment is a recc real property to be sold: Name Address ripe for the Writ )od Lane, Camp :d Exhibit "A." rd lien on the Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5 6. 7 PNC Bank National Association 2730 Liberty Avenue Pittsburgh, Pennsylvania 15222 Name and address of every other person who has any record lien on the property: Name Address Name and address of every other person who has any record interest in the propel affected by the sale: Name Address Name and address of every other person of whom the plaintiff has knowledge wh, in the property which may be affected by the sale: Name Address Tenants/Occupants 806 Briarwood Lane Camp Hill, Pennsylvania 17011 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales which may be has any interest United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 8. Name and address of Attorney of record: Name Address I verify that the statements made in this Affidavit are true and correct to the best of my or information and belief. I understand that false statements herein are made subject to the pent Section 4904 relating to unsworn falsification to authorities. ?XA 'Z? May 15, 2009 TERRE E J. McCABE, ESQUIRE DATE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff er onal knowledge ie of 18 Pa.C.S. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everhome Mortgage Company Plaintiff V. Keith Sultzbaugh Defendant DATE: June 8, 2009 TO: ALL PARTIES IN INTEREST AND CLAIMANTS Attorneys for COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-2219-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Keith Sultzbaugh PROPERTY: 806 Briarwood Lane, Camp Hill, Pennsylvania 17011 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on September 2, 2009 at Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 C Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgme and/or other interests in the property which will be extinguished by the sale. You may wish to attenc protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than after sale. Distribution will be made in accordance with the schedule unless exceptions are filed ther (10) days after the filing of the schedule. 0:00 a.m. in the its and liens on, the sale to ty (30) days within ten ' O\ U A W N ?.+ 06 ?SNri W n c t7 Zf°?A= ? 3 ?:tiv.w a 7 E W OQ H ICE. m `d ?=e n wea WIV :I" ? ax?rn xb?b ro a,? ?? __ •,tn°p. -OO_RM° -110 90 m ca p' ??""j dd and °eo =o m bdo C1 00 011000(011000(-) m a-s .1O.n r.O zo Rz & 0Ov v0p °zo0 Sy s?0 m.. 3 rm0 ao r. ., r.'=eeAa m eea s .2, 11 . 0 9 s* m <o? ..o _a ai am= m=a a ?ebym0 wW < o 3.m 3• a CL v, ° a bd a b bd = s y '• Cr= 00 a•o e? ?o t e m 0 _ c --m WoNp° e 0 0v !_- e r,ck0. ck ?M c b oo: A c 0.N0 b0 E x - W;Oa R I web W L; ? Poo g? ?oa A0 so ??? °?? ?o'? ? s rf p am $f° ACf<?'? .? C<m 4 0 ie00°eP %I" o ywa >bdaa`c ._ b . p -? : 1 .W E a ?r1 o c '* c ov < °.; Cft a o• x p S! Y H o• a co c m 0. w 3 ??A 3 m ? ?•°w .~?. 'm'o t7e M R " O$, v ?°., t" ° o oo? pn?0 een?Ceeros N ?A o o r1., N <m"b°"d o0o0y Q, won 40 a rn A ,n A Vfto to b 0 N A ep k4 es w at eb 00 cm Ch CL a'' m A o wo ° o 1 o i a mm' m" p 4 12. O m 3 fC N d tA RS R, w O M b a TQ 4# ,Q N'cl L LLj ?y . t: }y ti :! . a? r.{ A oo not UNIZe o_ O m D 0 + ?r 0 v o N Oz? m ?W < co Ilk 0 0 1 co O To 8n FILE D "C"E OF THE PIR'07?10N.)TkRY 2009 JUN I I P 1: 16 -UNITY McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - lD # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Everhome Mortgage Company Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. Keith Sultzbaugh No. 09-2219-CIVIL TERM Defendant PRAECIPE TO MARK JUDGMENT/ WRIT OF EXECUTION TO PLAINTIFF'S USE TO THE PROTHONOTARY: Kindly mark the judgment and Writ of Execution entered in the above-captioned matter to the use of Plaintiff, Everhome Mortgage Company flca Alliance Mortgage Company. ~ ~ -, TERRENCE J. McCABE, ESQUIRE MARL S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff ~~~~ ~~J~ ~ ~ ~'~~ ~~~ ~~ _,; ~ . g'.ooP.~• ~3 ~ ~ ~s~ya ,~t~ ~ ~ ~ i.3~ R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Sheriffs Office of Cumberland County ~C3F Fllr;"~Gr ~~~~>ir at ~~rrn6rrl<ir~ 1(~~~ ~SEP -8 AM 1~: ~ g ~~' -~-~ :.:, a' GFr ~ : r '!-~ , ER[Fe i 4I Yf `F~`J i lY~'1~'!1 EverHome Mortgage Company vs. Case Number Keith Sultzbaugh 2009-2219 SHERIFF'S RETURN OF SERVICE 06/26/2009 06:19 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on June 26, 2009 at 1616 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 Keith Sultzbaugh, located at, 806 Briarwood Lane, Camp Hill, Cumberland County, Pennsylvania according to law. 06/26/2009 04:20 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on June 26, 2009 at 1616 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: Keith Sultzbaugh, by making known unto, Keith Sultzbaugh, personally, at, 525 N. 12th Street, Suite 202, Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same, 08/26/2009 Property sale cancelled on 8/26/2009 SHERIFF COST: $1,876.51 q~pp~04 September 04, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF ~ ~ ~' sv L ~ Gh` 7~ ~ ~3 f~c,~. :2 30392 ' ~ + ~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16491 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 3468' MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Everhome Mortgage Company Plaintiff Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. Keith Sultzbaugh Defendant NO: 09-2219-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at:806 Briarwood Lane, Camp Hill, Pennsylvania 17011, a copy of the description of said property being attached hereto and marked Exhibit "A." I. Name and address of Owner or Reputed Owner Name Address Keith Sultzbaugh 525 N. 12th Street, Suite 202, Lemoyne Camp Hill, Pennsylvania 17043 2. Name and address of Defendant in the judgment: Name Address Keith Sultzbaugh 525 N. 12th Street, Suite 202, Lemoyne Camp Hill, Pennsylvania 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4 5. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein PNC Bank National Association Address 2730 Liberty Avenue Pittsburgh, Pennsylvania 15222 Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 806 Briarwood Lane Camp Hill, Pennsylvania 17011 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales United States of America Domestic Relations Cumberland County United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 8. Name and address of Attorney of record: Name Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. May 15, 2009 TERRE E J. McCABE, ESQUIRE DATE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Everhome Mortgage Company ~ COURT OF COMMON PLEAS v. CUMBERLAND COUNTY Keith Sultzbaugh Number 09-2219-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Keith Sultzbaugh 525 N. 12th Street, Suite 202, Lemoyne Camp Hill, Pennsylvania 17043 Your house (real estate) at 806 Briarwood Lane, Camp Hill, Pennsylvania 17011 is scheduled to be sold at Sheriffs Sale on September 2, 2009 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $49,242.21 obtained by Everhome Mortgage Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must takeimmediate action: The sale will be canceled if you pay to Everhome Mortgage Company the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice 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 If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate lying and being in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as #ollows, to wit: BEGINNING at a point on the Westerly right-of-way line of Briarwood Lane, a 50.00 foot wide right-of-way, which said point of beginning is located and referenced 255.00 feet in a Northerly direction from the intersection of the Westerly line of Briarwood Lane and the Northerly line of Countryside Lane, and which said point of beginning is also located at the intersection of the Westerly line of Briarwood Lane and the driving line between Lots Nos. 23 and 24 on the Plan of Lots known as "Countryside, Section (A)", thence, from said point of beginning along the dividing line between Lots Nos. 23 and 24, South 74 degrees 37 minutes West, a distance of 118.00 feet to a point on the Easterly line of Lot No. 33; thence, from said point along the Easterly line of Lots Nos. 33 and 32, North 15 degrees 23 minutes West, a dis#ance of 85.00 feet to a point on the dividing line between Lots Nos. 24 and 25; thence, from said point along the dividing line between Lots Nos. 24 and 25, North 74 degrees 37 minutes East, a distance of 118.00 feet to a point on the Westerly line of Briarwood Lane; thence, fram said point along the Westerly line of Briarwood Lane, South 15 degrees 23 minutes East, a distance of 85.00 feet to a paint, the point and place of Beginning. HAVING thereon erected a dwelling house being known and numbered as premises 806 Briarwaod Lane, Camp Hill, Pennsylvania. Being known as:: 806 Briarwood Lane, Camp Hill, Pennsylvania 1701 L BEING the same premises which LEWIS C. DENHAM, UNMARRIED by deed dated October 7, 1988 and recorded October 11, 1988 in the office of the Recorder in and for Cumberland County in Deed Book 33, Page 596, granted and conveyed to Keith Sultzbaugh in fee. TAX MAP PARCEL NUMBER: 10-19-1596-113 • ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-2219 Civil COUNTY OF CUMBERLAND) CIVIL ACTION- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EVERHOME MORTGAGE COMPANY, Plaintiff (s) From KEITH SULTZBAUGH (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 $49,242.21 L.L. $.50 Interest FROM 5/19/09 - $865.63 AT $8.09 ~~~ Atty's Comm % Due Prothy $2.00 Atty Paid $175.80 Other Costs Plaintiff Paid Date: MAY 22, 2009 (Seal) LcYu~y REQUESTING PARTY: Name MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY, P.C. 123 SOUTH BROAD STREET SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 Real Estate Sale # On May 28, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as, 806 Briarwood Lane, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 28, 2009 By: Real Estate Coordinator „ ~~ ,~Z :~ G ~ao~~~. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 24, July 31 and August 7, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne;'~ditor SW(?R-~d TO AND SUBSCRIBED before me this 7 da of Au ust 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 20] 0 REAL E8TATE BALE NO. 89 Writ No. 2009-2219 Civil EverHome Mortgage Company vs. Keith Sultzbaugh Atty.: Margaret Gairo LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land, situate lying and being in Hampden Township, Cumberland County, Pennsylvania, more par- ticularly bounded and described as follows, to wit: BEGINNING at a point on the Westerly right-of-way line of Briar- wood Lane, a 50.00 foot wide right- of--way, which said point of beginning is located and referenced 255.00 feet in a Northerly direction from the intersection of the Westerly line of Briarwood Lane and the Northerly line of Countryside Lane, and which. said point of beginning is also located at the intersection of the Westerly line of Briarwood Lane and the driving line between Lots Nos. 23 and 24 on the Plan of Lots known as "Country- side, Section (A)°, thence, from said point of beginning along the dividing line between Lots Nos. 23 and 24, South 74 degrees 37 minutes West, a distance of 118.00 feet to a point on the Easterly line of Lot No. 33; thence, from said point along the Easterly line of Lots Nos. 33 and 32, North 15 degrees 23 minutes West, a distance of 85.00 feet to a point on the dividing line between Lots Nos. 24 and 25; thence, from said point along the dividing line between Lots Nos. 24 and 25, North 74 degrees 37 minutes East, a distance of 118.00 feet to a point on the Westerly line of Briarwood Lane; thence, from said point along the Westerly line of Briarwood Lane, South 15 degrees 23 minutes East, a distance of 85.00 feet to a point, the point and place of Beginning. HAVING thereon erected a dwell- ing house being known and num- bered as premises 806 Briarwood Lane, Camp Hill, Pennsylvania. Be- ing known as:: 806 Briarwood Lane, Camp Hill, Pennsylvania 17011. BEING the same premises which LEWIS C. DENHAM, UNMARRIED by deed dated October 7, 1988 and recorded October 11, 1988 in the office of the Recorder in and for Cumberland County in Deed Book 33, Page 596, granted and conveyed to Keith Sultzbaugh in fee. TAX MAP PARCEL NUMBER: 10- 19-1596-113. ~he• Patriot-News Co. w 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c'~I~e ~latriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she 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: 07/24/09 07131 /09 08/07/09 /~~~~~~ ~ f Sworn to and ~/~ bscribed before e is 1 lay~of August, 2009 A.D. t / ~- Notary Public \\\_~'!~-_ CORAMONWi?NLTH OF PENN- g~AN~A Notarial Sea! Sherrde L. Kisner, Notary Public j' City Of Nan burg, Dauphin County E My Commission ~xpireg Nav 26 2011 Member, Pennsylvania Association of Notaries Sale No. 89 WrR No. 2009-2219 CIvIITerm EverHome Mortgage Company vs. Keith Sultzbaugh .. Arty: Margaret Galro LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate lying and being in Hampden Township, Cumberland County, Pennsylvania, more patticulazly bounded and described as follows, (O wit: BEGINNING at a point on the Westerly rightof-way Gne of Briazwood Lane, a 50.00 foot wide right-of-way, which said point of beginning is located and referenced 255.00 feet in a Northerly direction from the intersection of the Westerly line of Briarwood Lane and the Northerly line of Countryside Lane, and which said point of beginning is also located at the intersecton of the Westerly line of Briarwood Lane and the driving line between Lots Nos. 23 and 24 on the Plan of Lots known as "Countryside, Section (A)", thence, from said point of beginning along the dividing line between Lots Nos. 23 and 24, South 74 degrees 37 minutes West, a distance of 118.00 feet to a point on the Easterly line of Lot No. 33; thence, from said point along the Easterly line of Lots Nos. 33 and 32, North 15 degrees 23 minutes West, a distance of 85.00 feet to a point on the dividing line between Lots Nos. 24 and 25; thence, from said point along the dividing line between Lots Nos. 24 and 25, North 74 degrees 37 minutes East, a distance of 118.00 feet to a point on the Westerly line of Briarwood Lane; thence, from said point along the Westerly line of Briarwood Lane, South 15 degrees 23 minutes East, a distance of 85.00 feeE to a point, the point and place of Beginning. HAVING thereon erected a dwelling house being known and numbered as premises 806 Briarwood Lane, Camp Hill, Pennsylvania. Being known as:: 806 Briarwuod Lane, Camp Hill, Pennsylvania 17011 BEING the same premises which LEWIS C. DEN~IAM UNMARRIED by deed dated October 7, 1988 and recorded October 11,1988 in the office of the Recorder in and for Cumberland County in Deed Book 33, Page 596, granted and conveyed to Keith Sultzbaugh in fee. TAX MAP PARCEL NUMBER: 10-19- 1596-113