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HomeMy WebLinkAbout09-5414v 0 NAUMAN, SMITH, SHISSLER & HALL, LLP By: J. Stephen Feinour, Esquire Attorney I.D. No. 24580 200 North Third Street, 18`h Floor P. 0. Box 840 Harrisburg, PA 17108-0840 T: (717) 236-3010/F: (717) 234-1925 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CENTRIC BANK, formerly known as Vartan National Bank 4320 Linglestown Road Harrisburg, PA 17112 Plaintiff VS. NANCY S. EICHELBERGER a/k/a NANCY S. PERKINS, 6030 Creekview Road Mechanicsburg, PA 17055 and KIRK A. PERKINS, 529 Fairway Drive Camp Hill, PA 17011 Defendants Attorneys for Plaintiff, Centric Bank CIVIL ACTION - LAW Docket No. 09 - 94//V Action of 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 the 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 claim 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-349-3166 800-990-9108 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-349-3166 800-990-9108 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES- NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOSIMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SUE ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVIEERE CON INFORMACION DE COMO CONSERUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. -2- Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-349-3166 800-990-9108 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-349-3166 800-990-9108 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure again you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. (1) Call an attorney, for referrals to a qualified attorney call either of the following numbers: 717-349-3166 or 800-990-9108. (2) Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. (3) Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. (4) Pennsylvania Housing Financing Agency also offers other loan programs that may assist homeowners in default. Please see the PHFA website http ://www.phfa. orb/consumers/homeowners/real. gsi (5) Call the Plaintiff (your lender) at 717-657-7727 and ask to speak to someone about Loss Mitigation or Home Retention options. (6) Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout/Home Retention Package. Call A. Wim van Olden at 909-8307 or via e-mail at wvanolden@centricbank.com. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. THIS ACTION OF MORTGAGE FORECLOSURE WILL CONTINUE UNLESS YOU TAKE ACTION TO STOP IT. -3- CENTRIC BANK, formerly known as Vartan National Bank Plaintiff : COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NANCY S. EICHELBERGER a/k/a NANCY S. PERKINS, and KIRK A. PERKINS, Defendants Docket No. 0 qi- 641Y `t. i-d 7-1. Action of Mortgage Foreclosure THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT. 15 U.S.C § 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The mount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtors, within thirty (30) days after your receipt of this notice dispute the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtors notify the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to the Debtors. Upon written request by Debtors to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide Debtors with the name and address of the original creditor, if difference from the current creditor. NAUMAN, SMITH, SHISSLER & HALL, LLP 200 North Third Street, 18`' Floor P. O. Box 840 Harrisburg, PA 17108-0840 Phone: (717) 236-3010 Attorney I.D. #24580 Attorney for Plaintiff -4- COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is Centric Bank ("Centric"), a chartered banking institution under the laws of the Commonwealth of Pennsylvania, with offices at 4320 Linglestown Road, Harrisburg, Pennsylvania 17112. 2. Centric Bank is the successor of the former Vantan National Bank, the name of which was changed to Centric Bank in 2007. Hereinafter references to Centric Bank shall be deemed to include Vartan National Bank. 3. The names and addresses of the Defendants are: Nancy S. Eichelberger a/k/a Nancy S. Perkins, of 6030 Creekview Road, Mechanicsburg, Pennsylvania 17055, who is one of the mortgagors and record owner of the mortgaged premises hereinafter described; and Kirk A. Perkins, of 529 Fairway Drive, Camp Hill, Pennsylvania, who is one of the mortgagors and record owner of the mortgaged premises hereinafter described (hereinafter collectively referred to as "Mortgagors") 4. On August 27, 2003, Mortgagors made, executed and delivered a Note upon the Property hereinafter described to Vartan National Bank (now Centric Bank). A true and correct copy of said Note is attached hereto as Exhibit "A". 5. On August 27, 2003, Mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to Vartan National Bank (now Centric Bank), which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Record Book 1833, page 3403. Plaintiff, Centric is the real party in interest. The mortgage is a matter of public record and is incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. -5- n 6. The Property subject to the mortgage is located at 6030 Creekview Road, Mechanicsburg, Pennsylvania, and is more fully described in the legal description set forth as Exhibit "B" ("Property"). 7. Defendants, Nancy S. Eichelberger, a/k/a Nancy S. Perkins and Kirk A. Perkins, are the real owners of the Property. 8. The Mortgage was never assigned by the Plaintiff and is still held by it as a valid and subsisting obligation of the Defendants. 9. Under the terms and conditions of the Note, the Defendants agreed to make monthly payments to the Plaintiff beginning on October 1, 2003, and continuing on the I" day of each month thereafter. 10. The Defendants are in default under the Note for failure to make monthly payments as and when due under the Note, and as a result of such default the entire outstanding balance of the Loan, including all principal, interest, late charges, and other amounts payable under or in connection with the Note and/or Mortgage are due and payable in full. Defendants have failed to make the monthly payments due for the month of February, 2009 and each month thereafter. 11. The Defendants are presently indebted to the Plaintiff, as of June 30, 2009, in the amount of $241,963.89, itemized as follows: Principal Balance $225,182.80 Interest from 2/10/09 through 6/30/09 at 5.875% $ 5,101.60 Late Charges from 2/10/09 through 6/30/09 $ 393.35 Reasonable Attorney's Fee at 5% of Principal $ 11,259.14 Balance Mortgage Satisfaction Fee $ 27.00 Total: $241,963.89 -6- The attorneys' fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of purchase by a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged that are actually incurred by Plaintiff. 12. The Defendants also agreed under the terms of the Mortgage that in the event of default thereunder they would pay, in addition to the charges listed in paragraph 11 above, costs incurred by Plaintiff as a result of the institution of these proceedings. 13. The obligation owed by the Defendants to the Plaintiff continues to accrue interest thereon at the rate of $36.44 per day, through the date of payment, including on and after the entry of judgment on this Complaint, and continues to accrue late charges, attorneys' fees and other charges provided in the Note and/or Mortgage. 14. In accordance with the Homeowner's Emergency Mortgage Assistance Act, Act of December 23, 1983, P.L. 385, No. 91,35 P.S. § 1680.401c etseq., and Act of January 30, 1974, P.L. 13, No. 6, 41 P. S. § 101 et seq., and in particular Section 403, an Act 91 Notice of Intent to Foreclose and of Defendants' rights under said Acts was forwarded to the Defendants on May 8, 2009, by United States certified mail, return receipt request, and by United States first class mail. A copy of said Notice is attached hereto and marked as Exhibit "C." The within mortgage is subject to the provisions of Pennsylvania Act No. 91 of 1983. 15. Copies of Postal Form 3800, evidencing the mailing of such Notice to each of the Defendants are attached hereto and marked Exhibit "D." 16. The certified mail to Kirk A. Perkins was returned to the Plaintiff, unclaimed. A true and correct copy of the returned envelope is attached hereto and marked Exhibit "E." The certified -7- mail to Nancy S. Perkins was not returned. The notices sent to the Defendants by United States mail, first class, postage prepaid, bearing the return address of the Plaintiff have not been returned to the Plaintiff as undeliverable or otherwise. 17. No judgment has been entered upon said Mortgage in any jurisdiction. 18. Defendants are not members of the Armed Forces of the United States of America. WHEREFORE, Plaintiff, Centric Bank, demands judgment in mortgage foreclosure "IN REM" in the amount of Two Hundred Forty-One Thousand Nine Hundred Sixty-Three and 89/100 Dollars ($241,963.89), plus interest at the rate of $36.44 per diem, and in the amount of all additional late charges, attorneys' fees and other charges provided in the Note and Mortgage, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the Property. NAUMAN, SMITH, SHISSLER & HALL, LLP tep 'en Feinour, Esquire dprSeme - - Court ID #24580 200 North Third Street, 18`h Floor P. O. Box 840 Harrisburg, PA 17108-0840 Phone: 717-236-3010 Fax: 717-234-1925 Attorneys for Plaintiff, Centric Bank Date: August 4, 2009 - 8 - CENTRIC BANK, formerly known as Vartan National Bank 4320 Linglestown Road Harrisburg, PA 17112 Plaintiff vs. NANCY S. EICHELBERGER a/k/a NANCY S. PERKINS, and KIRK A. PERKINS, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Docket No. Action of Mortgage Foreclosure VERIFICATION I A. 0//'M van ©14 N V ! cc 101z.s; c ?,r of Centric Bank, hereby verify on behalf of the Bank that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. CENTRIC BANK Date: 7/3c/>O By Name: /`J- ?iv? ?qh C7?o?Cn Title: -8- NOTE August 27, 2003 [Date] Mechanicsburg [City] Pennsylvania [State] 6030 Creekview Road, Mechanicsburg, PA 17050 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, l promise to pay U.S. $ 266, 000.00 plus interest, to the order of the Lender. The Lender is Vartan National Bank (this amount is called 'Principal"), I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder". 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.875 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the 1st day of each month beginning on October 01 , 2003 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on September 01 , 2033 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date". I will make my monthly payments at 3601 Vartan Way Harrisburg, PA 17110 (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1,573.49 4. BORROWER'S RIGHT TO PREPAY or at a different place if required by the Note Holder. I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment". When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this 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 me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. MULTISTATE FIXED RATE NOTE-Single Family-FNMA/FHLMC UNIFORM INSTRUMENT Form 3200 01/01 GENESIS 2000, INC. - W16.0 " (800) 862-0504 Page 1 of 3 EXHIBIT 3 • ¦ 6. BORROWER'S FAILURE 1. PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. the amount of the charge will be 5.000 of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is or mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs, and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. MULTISTATE FIXED RATE NOTE-Single Family-FNMA/FHLMC UNIFORM INSTRUMENT Form 3200 01 /01 GENESIS 2000, INC. - W16.0 - (800) 882-0504 Page 2 of 3 If Lender exercises the jtion, Lender shall give Borrower notice of acct atioi i. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 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. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED- (Seal) orrower (Seal) -Borrower _ (Seal) -Borrower SSN: _ (Seal) -Borrower SSN: (Sign Original Only) NOTE ENDORSEMENT PAY TO THE ORDER OF WITHOUT RECOURSE onzea vmcer signature ana i me) Thomas P. O'Connell Senior Vice President and Cashier (Authorized Officer and Title Typed) MULTISTATE FIXED RATE NOTE-Single Family-FNMA/FHLMC UNIFORM INSTRUMENT Form 3200 01 /01 GENESIS 2000, INC. ` W16.0 - (800) 882-0504 Page 3 of 3 SSN: 194-58-3598 *t J ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: A BEGINNING at a point marked by a railroad spike in the'center of a public road known as Creek View Road at corner of land now or formerly of Ray M. Souder; thence along the center line of said Public Road, South 83 degrees 53 minutes a distance of one hundred (100) feet to a Railroad spike in the center of said road; thence North 21 degrees 15 minutes West, a ,distance of there hundred (300) feet to an iron pipe; thence continuing along the line of lands of the same, North 83 degrees 53 minutes East, a distance of one hundred (100) feet to an iron pipe, South 21 degrees 15 minutes East, a distance of three hundred (300) feet to a railroad spike in the center of the Public Road, aforementioned,' at the place of Beginning. CONTAINING 691100 acres of land. BEING improved with a dwelling known and numbered as 6030 Creek View Road, Mechanicsburg, Pennsylvania. r 0 E EXHIBIT b CENTRIC BANK ACT 91 NOTICE We xevoi e Arouna}<,u. TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE DATE: May 8, 2009 TO: NANCY S PERKINS 6030 CREEKVIEW ROAD MECHANICSBURG PA 17050-2032 WE ARE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENC IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS FROM THE DATE OF THIS NOTICE. Take this notice with you when your meet the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County is listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any question, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTICICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCIION 4320 Linglestown Road Harrisburg, PA 17112 EXHIBIT T 717.657.7727 F 717.657.7748 www.centricbank.com 3 INMEDITAMENTE LLAMANDO SETA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): NANCY S PERKINS KIRK A PERKINS PROPERTY ADDRESS: 6030 CREEKVIEW ROAD, MECHANICSBURG PA LOAN ACCOUNT NO.: 6203921 ORIGINAL LENDER: CENTRIC BANK (FORMALLY VARTAN NATIONAL BANK) CURRENT LENDER: CENTRIC BANK (FORMALLY VARTAN NATIONAL BANK) HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOUR MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FURTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"). YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A RESONABLE PROSPECT OF BEING ABEL TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE:-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of the Notice. THIS MEETING MUST ACCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED `HOW TO CURE YOUR MORTGAGE DEFUALT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES: If you meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may not take action against you for 30 days after the date of this meeting. The names, address and telephone number of designated consumer credit counseling agencies for the county in which the property is located are set forth-at the end of this Notice. It is only necessary to schedule on face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE:- Your mortgage is in a default for the reasons set forth later in this Notice (see following ages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed HOMEOWNER'S Emergency Mortgage Assistance Program Application with one of the designated consumer counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within 30 days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DON'T FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION:- Available fund for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established under the Act. The PHFA has 60 days to make a decision after it receives your application. During that time no foreclosure proceedings will be pursued against you if you have met time requirements set forth above. You will be notified directly by the PHFA of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONY AND SHOULD NOT CONSIDERED AS AN ATTEMP TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 6030 CREEKVIEW ROAD, MEDHANICSBURG PA 17050-2032, IS SERIOUSLY IN DEFAULT because: A. FULL PAYMENT HAS NOT BEEN MADE for the following months: FEBRUARY, NtkRCH, APRIL AND MAY 2009 and the following amounts are now past due: PAST DUE BALANCE $4,986.48 NSF: $ Inspections: $ Other: SATISFACTION FEE $ (Suspense): Total amount to cure default $4,986.48 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if Applicable): N/A HOW TO CURE THE DEFAULT- You may cure the default within (30) DAYS of the date of this Notice By PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,986.48 PLUS INTEREST AT $36.44 PER DAY FROM, MAY 1ST, 2009. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE (30) DAY PERIOD. As of the date of this letter, you owe the amount specified above. Because of interest, late charges, and other charges that may vary form day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information write the undersigned or call (717)909-8308 and ask for the Reinstatement Department. Payments must be made wither by cash, cashier's check, certified check or money order made payable and sent to: CENTRIC BANK 3601 VARTAN WAY HARRISBURG PA 17110 IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within (30) days of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and your may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within (30) days, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON -The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If you cure the default within the (30) day period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale> You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would approximately (6) months from the date of this Notice. A Notice of the actual date of the Sheriff s Sale will be sent: to of before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: CENTRIC BANK 3601 VARTAN WAY HARRISBURG PA 17011 ATTN: CONNIE L. O'HARA, COLLECTIONS MANAGER EFFECT OF SHERRIF'S SALE - You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue t live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at anytime. ASSUMPTION OF MORTGAGE - You may or -X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CRED BY ANY THIRD PARTY ACTION ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN (3) TIMES IN A CALANDER YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Adams County Interfaith Housing Authority 40 E. High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 Pennsylvania Housing Finance Agency 211 N. 2°d Street Harrisburg, PA 17110 800.342.2397 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SERVICEMEMBERS CIVIL, RELIEF ACT NOTICE Legal Rights and Protections Under the SCRA Servicemembers on "active duty" or "active service, or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC App. §§ 501-596). Who May Be Entitled to Legal Protections Under the SCRA' • Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and active service National Guard; • Active service members of the commissioned corps of the National Oceanic and Atmospheric Administration; • Active service members of the commissioned corps of the Public Health Service; • United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action; and • Their spouses. What Legal Protections Are Servicemembers Entitled To Under the SCRA' The SCRA states that, a debt incurred by a servicemember, or servicemember spouse jointly, prior to entering military service shall not bear interest at a rate above 6 percent during the period of military service. The SCRA states that, in a legal action to enforce a debt against real estate that is filed during, or within 90 days after the servicemembers's military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 90 days after the servicmember's military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. The SCRA contains many other protections besides those applicable to home loans. How Does A Servicemember or Dependent Request Relief under the SCRA? A servicemember or dependent, or both, may request relief under the SCRA by providing the lender .a written notice with a copy of the servicemember's military orders. Centric Bank P.O. Box 62090 Harrisburg, PA 17106-2090 How Does a Servicemember or Dependent Obtain Information About the SCRA? Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for each branch of the armed forces is available at: htW://legalassistance.law:af. mil/content/locator php The U.S. Department of Defense's information resource is "Military One Source." The toll-free telephone numbers for Military One Source are: From the United States: 1-800-342-9647. From outside the United States (where available): I-800342-6477. International collect: 484-530-5747 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated 10/15/2007 1003:08 AM Adams County Interfaith Housing Authority 46 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888 511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship,Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717 762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 CENTRIC BANK ACT 91 NOTICE WeRevo,veAround You. TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE DATE: May 8, 2009 TO: KIRK A PERKINS 529 FAIRWAY DRIVE CAMP HILL PA 17011 WE ARE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENC IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS FROM THE DATE OF THIS NOTICE. Take this notice with you when your meet the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County is listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any question, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTICICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCIION 4320 Linglestown Road Harrisburg, PA 17112 T 717.657.7727 F 717.657.7748 www.centricbanh.com INMEDITAMENTE LLAMANDO SETA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NO.: ORIGINAL LENDER: CURRENT LENDER: NANCY S PERKINS KIRK A PERKINS 6030 CREEKVIEW ROAD, MECHANICSBURG PA 6203921 CENTRIC BANK (FORMALLY VARTAN NATIONAL BANK) CENTRIC BANK (FORMALLY VARTAN NATIONAL BANK) HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOUR MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FURTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"). YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A RESONABLE PROSPECT OF BEING ABEL TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGBMITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE:-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of the Notice. THIS MEETING MUST ACCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED `HOW TO CURE YOUR MORTGAGE DEFUALT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES: If you meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may not take action against you for 30 days after the date of this meeting. The names, address and telephone number of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule on face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE:- Your mortgage is in a default for the reasons set forth later in this Notice (see following ages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed HOMEOWNER'S Emergency Mortgage Assistance Program Application with one of the designated consumer counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within 30 days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DON'T FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION:- Available fund for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established under the .Act. The PHFA has 60 days to make a decision after it receives your application. During that time no foreclosure proceedings will be pursued against you if you have met time requirements set forth above. You will be notified directly by the PHFA of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONY AND SHOULD NOT CONSIDERED AS AN ATTEMP TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 6030 CREEKVIEW ROAD, MEDHANICSBURG PA 17050-2032, IS SERIOUSLY IN DEFAULT because: A. FULL PAYMENT HAS NOT BEEN MADE for the following months: FEBRUARY, MARCH, APRIL, AND MAY 2009 and the following amounts are now past due: PAST DUE BALANCE $4,986.48 NSF: $ Inspections: $ Other: SATISFACTION FEE S (Suspense): Total amount to cure default 54,986.48 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if Applicable): N/A HOW TO CURE THE DEFAULT - You may cure the default within (30) DAYS of the date of this Notice By PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,986.48 PLUS INTEREST AT $36.44 PER DAY FROM, MAY 1ST, 2009. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE (30) DAY PERIOD. As of the date of this letter, you owe the amount specified above. Because of interest, late charges, and other charges that may vary form day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information write the undersigned or call (717)909-8308 and ask for the Reinstatement Department. Payments must be made wither by cash, cashier's check, certified check or money order made payable and sent to: CENTRIC BANK 3601 VARTAN WAY HARRISBURG PA 17110 IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within (30) days of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and your may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within (30) days, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON -The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If you cure the default within the (30) day period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale> You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would approximately (6) months from the date of this Notice. A Notice of the actual date of the Sheriff's Sale will be sent to of before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: CENTRIC BANK 3601 VARTAN WAY HARRISBURG PA 17011 ATTN: CONNIE L. O'HARA, COLLECTIONS MANAGER EFFECT OF SHERRFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue t live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at anytime. ASSUMPTION OF MORTGAGE - You may or -X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CRED BY ANY THIRD PARTY ACTION ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, ]IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN (3) TIMES IN A CALANDER YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Adams County Interfaith Housing Authority 40 E. High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Capita] Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5`h Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 Pennsylvania Housing Finance Agency 211 N. 2nd Street Harrisburg, PA 17110 800.342.2397 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT . SERVICEMEMBERS CIVIL RELIEF ACT NOTICE Legal Rights and Protections Under the SCRA Servicemembers on "active duty" or "active service, or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC App. §§ 501-596). Who May Be Entitled to Legal Protections Under the SCRA? • Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and active service National Guard; • Active service members of the commissioned corps of the National Oceanic and Atmospheric Administration; • Active service members of the commissioned corps of the Public Health Service; • United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action; and • Their spouses. What Legal Protections Are Servicemembers Entitled To Under the SCRA? The SCRA states that, a debt incurred by a servicemember, or servicemember spouse jointly, prior to entering military service shall not bear interest at a rate above 6 percent during the period of military service. The SCRA states that, in a legal action to enforce a debt against real estate that is filed during, or within 90 days after the servicemembers's military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 90 days after the servicmember's military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. The SCRA contains many other protections besides those applicable to home loans. How Does A Servicemember or Dependent Request Relief under the SCRA? A servicemember or dependent, or both, may request relief under the SCRA by providing the lender a written notice with a copy of the servicemember's military orders. Centric Bank P.O. Box 62090 Harrisburg, PA 17106-2090 How Does a Servicemember or Dependent Obtain Information About the SCRA? Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for each branch of the armed forces is available at: htV: //IeQalassistance. law. af. m it/content/locator php The U.S. Department of Defense's information resource is "Military One Source." The toll-free telephone numbers for Military One Source are: From the United States: 1-800-342-9647. From outside the United States (where available): 1-800342-6477. International collect: 484-530-5747 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 10/15/2007 10:03.08 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888 511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship,Inc. 2320 North 5th Street Harrisburg, PA 17110 717.2322207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717 762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 :.... 3 :, m m m lL m m? {L : m? li d ? w m m l ..... d d d m m¢ a i d m¢ m (D V :c p ?? ?? ?m rom m o .c my c o a m' a w ¢¢ c E 5929 QE9fi EOOO 005 0 EOOL EXHIBIT i m } C r CO I L _ N Q m ru N C n -0 I y O LC l a ? w ¢ U 2' m m d ° m r-l CD 2 U ¢ m CO v Ln O Q$ N N m m C Q N m U Q) ? h a E c 7 CD -ID Z U.C Q N _N N m i(1 C a L) m Q c m U E 0 0 0 N m N LL T 00 Cf) O U- V) CL 4 1# 15 LL LL a! li 2 N o y fi? mQ ? gE ?E o di E ,yx ?? ?o 'O m w ?W f- ~ ;`mO;v m ma,? SEE2 Sfi fiO E000 020E ZOOZ a v CO le -1: m m ?- ru Ln o m a . ars9 -_? ? ..7 I? (tie P?A ru m CC ?.?.? o o W cim N Z_ Y W Y Y Q f.G.t GJ. .i V? Mr-?1 z 0 rTJJ, lr^ EXHIBIT E L0-10OL£000 S9,0$ AnowN 60.'II AHW 901Li bci * 98n8s I b8UH OIdd 39H1SOd "S'n M __ . S TH, Ay X78. SD C? 3?Ilp P-*L-- a?874p Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ?6?tintr at ?u?raGrrt?rrA OFFICE rT,1 SHERIFF Cr Tf i_ i rr ~ ?Tt-R 1 2g,rlg 1i:7 2 J ;-'-1 i Cut. Centric Bank vs. Nancy S. Eichelberger Case Number 2009-5414 SHERIFF'S RETURN OF SERVICE 08/10/2009 10:10 AM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2009 at 1010 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kirk A. Perkins, by making known unto himself personally, defendant at 1 Courthouse Square Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 08/21/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Nancy S. Eichelberger, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Nancy S. Eichelberger. The Mechanicsburg Postmaster has advised the defendant has moved to 6804 Clubhouse Drive Apt. J Harrisburg, PA 17111. Request for service at 6030 Creekview Road Mechanicsburg, PA 17055 is vacant. SHERIFF COST: $71.94 August 21, 2009 SO ANSWERS, jw- f4 `RTHOMAS KLINE, SHERIFF Deputy Sheriff NAUMAN, SMITH, SHISSLER & HALL, LLP J. Stephen Feinour, Esquire Supreme Court I.D. No. 24580 200 N. 3rd Street, 18th Floor Counsel For: Centric Bank P. O. Box 840 Harrisburg PA 17108-0840 Phone: (717) 236-3010 Fax: (717) 234-1925 CENTRIC BANK, formerly known as : IN THE COURT OF COMMON PLEAS Vartan National Bank, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NANCY S. EICHELBERGER a/k/a NANCY S. PERKINS and KIRK A. PERKINS, Defendants : NO. 09-5414 Civil Term : CIVIL ACTION - LAW : Action of Mortgage Foreclosure PRAECIPE To the Prothonotary of Cumberland County: Please reinstate the Complaint in the above-captioned action. NAUMAN, SMITH, SHISSLER AND HALL By: (LZ ?' _?' . St phen Feinour, Esquire d upreme Court ID #24580 200 North Third Street Telephone: (717) 236-3010 Facsimile: (717) 234-1925 P.O. Box 840 Harrisburg, PA 17108-0840 Counsel for: Centric Bank Date: September 3, 2009 FIB.. O, -ICE OF THE PRnj?m-TARY 2009 SEA' -8 PM 2: 0U6 Sl vti, •_ pQ'. 4lG DO ?> Sheriffs Office of Cumberland County R Thomas Kline „.r Shenff xtti ? at ?t?rrt,rr? nF ". , A - Ronny R Anderson° ' Chief Deputy 2G 3 SL'- 11) Jody S Smith Civil Process Sergeant oFF F ?F?cr Geis Edward L Schorpp Solicitor Centric Bank vs. Case Number Nancy S. Eichelberger 2009-5414 SHERIFF'S RETURN OF SERVICE 09/09/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Nancy S. Eichelberger a/k/a Nancy S. Perkins, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 09/10/2009 07:01 PM - Dauphin County Return: And now September 10, 2009 at 1901 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Nancy S. Eichelberger a/k/E Nancy S. Perkins by making known unto herself personally, at 6804 Clubhouse Drive Apt. J Harrisburg, PA 17111 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 September 14, 2009 106 -.L (Mfitit Of the,*1j',r7.-'t-t Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania CENTRIC BANK Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy VS County of Dauphin NANCY S. EICHELBERGER A/K/A NANCY S PERKINS Sheriff s Return No. 2009-T-2407 OTHER COUNTY NO. 095414 And now: SEPTEMBER 10, 2009 at 7:01:00 PM served the within COMPLAINT upon NANCY S. EICHELBERGER A/K/A NANCY S PERKINS by personally handing to NANCY S. EICHELBERGER A/K/A NANCY S PERKINS I true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 6804 CLUBHOUSE DRIVE APT J HBG PA 17111 Sworn and subscribed to before me this I 1 TH day of September, 2009 11??- A-11 So Answers, Sheriff of DaaxtSflinl By eOo'-- NOTARIAL SEAL Deputy Sheriff MARY JANE SNYDER, Notary Public Deputy: W CONWAY Highspire, Dauphin County M Commission Expires Set 1, 2010 Sheriffs Costs: $47.25 9/10/2009 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~a~~,ta qt ~ tt~btCEa~~ _ ~. -r '~ v~JY pFFiraE GF'!+E Su~RtFF .; - r- . Jul, 2~ PM 2 -~~ ~" , r [' . Centric Bank Case Number vs. Nancy S. Eichelberger-Perkins (et al.) 2009-5414 SHERIFF'S RETURN OF SERVICE 03/15/2010 Ronny R. Anderson ,Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Nancy S. Eichelberger, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 04/06/2010 02:45 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1445 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 Kirk A. Perkins and Nancy S. Eichelberger-Perkins, located at, 6030 Creekview Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 04/08/2010 01:30 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on 4/8/10 at 1324 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Kirk A. Perkins, by making known unto, Kirk A. Perkins, personally, at, 6322 Galleon Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 04/28/2010 Dauphin County Return and now the, 22nd day of April 2010, at 0730 hrs served the within Real Estate Writ, Notice of Sale and Description upon Nancy S. Eichelberger-Perkins, the defendant, by making known unto Nancy S. Eichelberger-Perkins at 6804 Clubhouse Drive, Apt J, Harrisburg, Pennsylvania its contents and at the same time handing to her a true and con'ect copy of the same. So Answers: W. Conway, Deputy Sheriff of Dauphin, County, Pennsylvania 06/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $250,000.00 to Attorney Nathan Wolf, on behalf of , XXX)UUUUCXXXbeing the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 06/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney J. Stephen Feinour, on behalf of M & T Bank Corporation, 1100 Wehrle Drive, Williamsville, NY 14221, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 6,171.41 SHERIFF COST: $6,171.41 SO ANSWERS, July 27, 2010 RON R ANDERSON, SHERIFF ~f-Dv pd~ Q~. a-oa pd- C'®- . sa ~ (cj CountySuite Sheriff. TeleosoR, Inc. /J/ ~ ~ ', ~3~ (~ ~~59/7 ,~`. s - • ~ ~ • SCHEDULE OF DISTRIBUTION Date Filed: 6/23/10 Writ No. 2009-5414 Civil Term Centric Bank, f/k/a Vartan National Bank -vs- Nancy S. Eichelberger, a/k/a Nancy S. Perkins and Kirk A. Perkins 6030 Creekview Road, Mechanicsburg, PA 17055 Sale Date: Buyer: Bid Price: Real Debt: Interest: Attorney Wi June 2, 2010 Goldbeck, McCafferty, McKeever $ 250,000.00 $ 247,292.64 7,793.75 it Costs: 238.38 Total Due: $ 255,324.77 DISTRIBUTION: Receipts: Cash on Account (03/15/2010): $ 1,500.00 Cash on Account (06/02/2010): 25,000.00 Cash on Account (06/18/2010): 237,209.60 Total Receipts: $ 263,709.60 Disbursements: Sheriff s Costs Legal Search Cumberland County Tax Claim Bureau Michael Langan, Hampden Township Tax Collector (2010 County, Library, Township Taxes) Hampden Township Commissioners (Sewer/Refuse) Attorney J. Stephen Feinhour Centric Bank, F/K/A Vartan National Bank Total Disbursements: Balance for distribution: So Answers: ~"'~, • r. `~~: nny R. Anderson Sheriff 5,871.41 300.00 3,943.63 756.48 250.03 1,500.00 251,088.05 ($263,709.60) 00.00 • ~ ~ SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale, Writ No. 2009-5414 held June 2, 2010 EFFECTIVE DATE: June 2, 2010 PREMISES: 6030 Creek View Road, Hampden Township, Mechanicsburg, Cumberland County, Pennsylvania, Tax Parcel No. 10-17-1031-003 (the "Premises") RECITAL: Being the same premises which L. Robert Thornton and Linda M. Thornton, husband and wife, by their Deed dated August 27, 2003 and recorded September 3, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 259, Page 217, granted and conveyed unto Kirk A. Perkins and Nancy S. Eichelberger. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriff s sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriff s sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Clalm Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2010. 20. Subject to the spousal rights, if any, of any spouse of Kirk A. Perkins or Nancy S. Eichelberger. -2- 21. Mortgage in the amount of $266,000.00 from Kirk A. Perkins and Nancy S. Eichelberger to Vartan National Bank dated August 27, 2003 and recorded September 3, 2003 in Mortgage Book 1833, Page 3403. 22. Mortgage in the amount of $1.12,000.00 (open-end) from Kirk A. Perkins and Nancy S. Eichelberger to M&T Bank dated May 10, 2007 and recorded May 21, 2007 in Mortgage Book 1992, Page 4402. 23. Judgment against Kirk A. Perkins and Nancy S. Eichelberger, also known as Nancy S. Perkins, in the amount of $247,292.64 in favor of Centric Bank entered November 25, 2009 to No. 2009-5414 with respect to the Mortgage identified as Item 21, above. 24. Judgment against Kirk A. Perkins and Nancy S. Eichelberger, also known as Nancy S. Perkins, in the amount of $120,940.97 in favor of M&T Bank entered December 4, 2009 to No. 2009-6686 with respect to the Mortgage identified as Item 22, above. 25. Judgment against Kirk A. Perkins, Lorien A. Perkins and Kaplas Systems in the amount of $51,691.44 in favar of Manufacturers & Traders Trust Company entered November 14, 2005 to No. 2005-5898. 26. Delinquent taxes due to the Tax Claim Bureau in the amount of $3,917.95 together with any interest and penalties accrued thereon. 27. Subject to the Joint Ariel Grant recorded in Misc. Book 465, Page 69. 28. Subject to the rights granted Bell or Bell of PA in Misc. Book 428, Page 919. 29. Subject to the rights of others in and to any portion of the Premises within or adjoining Creek View Road. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. i By: Keith O. Brenneman -3- Writ No. 2009-8414 Civil Centric Bank vs. Nancy S. Eichelberger-Perkins a/k/a Nancy S. Eichelberger Kirk A. Perkins Atty: J. Stephen Feinour ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Township of Hampden in the County of Cumber- landand Commonwealth of Pennsyl- vania, more particularly described as follows: BEGINNING at a point marked by a railroad spike in the center of a public road known as Creek View Road at corner of land now or formerly of Ray M. Souders thence along the center line of said public road, South 83 degrees 53 minutes a distance of one hundred (100) feet to a railroad spike in the center of said road; thence North 21 degrees 15 minutes West, a distance of three hundred (300) feet to an iron pipe; thence continuing along the line of lands of the same, North 83 degrees 53 minutes East, a distance of one hundred (100) feet to an iron pipe, South 21 degrees 15 minutes East, a distance of three hundred (300) feet to a railroad spike in the center of the public road, aforementioned; at the place of Beginning. CONTAINING 69/ 100 acres of land BEING improved with a dwell- ing known and numbered as 6030 Creek View Road, Mechanicsburg, Pennsylvania. EXHIBIT A ~~ 4 , NAUMAN, SMITH, SHISSl1ER & HALL, LLP J. Stephen Feinour, Esquire Supreme Court LD. No. 24580 200 N. 3rd Street, 18~ Floor P. O. Box 840 Harrisburg PA 17108-0840 Phone: (717).236-3010. Fax: (717)234-1925 m ~a Counsel For: Centric Bank ,~ ~ r±~ CENTRIC BANK, formerly known as IN THE COURT OF COMMON PLEAS Vartan National Bank, Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO.09-5414 Civil Term NANCY S. EICHELBERGER a/k/a :CIVIL ACTION -LAW NANCY S. PERKINS and KIRK A. PERKINS, Defendants :Action of Mortgage Foreclosure AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Nauman, Smith, Shissler & Hall, LLP, sets forth as of the date the praecipe for writ of execution was filed, the following information concerning the real property located at' 6030 Creekview Road, Mechanicsburg, Cumberland County, Pennsylvania: 1. Name and address of the Owner(s) or Reputed Owner(s): Nancy S. Eichelberger a/k/a Kirk A. Perkins Nancy S. Perkins 529 Fairway Drive 6804 Clubhouse Drive, Apt. J Camp Hill, PA 17011 Harrisburg, PA 17111 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME. 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Manufacturers d Traders :Trust Company (Now M&T Ba~ik) 213 Market Str et Harrisburg, PA 17105 -~ Manufacturers end Traders Trust Company (Now M&T Bank) C/o Eugene E. Pepinsky, Jr. 210 Walnut Street, P. O: Box 1.1963 Harrisburg, PA ,17108 Domestic. Relations of Cumberland County P. O. Box 320 Carlisle, PA 17013 PA Department of Public Welfare Bureau of Child Support Enforcement Health & Welfare Building -Room 423 P. O. Box 2675 Harrisburg, PA 17105-2675 Cumberland County Tax Claims Bureau Cumberland Caunty Courthouse One Courthouse Square Carlisle, PA 17013 4. Name and address of last recorded holder of ever mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Manufacturers and Traders Trust Company {Now M&T Bank) 213 Market Street Harrisburg, PA 17105 5. Name and address of every other person who has any record lien on the property: NONE KNOWN. 6. Name and address of other person who has any record interest in the property and whose interest may be affected by the sale: NONE 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: TenantsdOccupants 6030 Creek View Road Mechanicsburg, PA 17050 I ~: Goldbeck McCafferty & McKeever Suite SOIDO -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 (In the preceding inforrliation, where addresses could not be reasonably. ascertained, the .same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, .information and belief. I understand that false statements herein are made subject to the penalties of 1$ Pa.C.S. § 4904 relating to unsworn .falsification to authorities. . Ste en Feinour, Esquire Nauman, .Smith, 5hissler & Hall, LLP 200 North Third Street, 18`~ Floor P. O. Box 840 Harrisburg, PA 17108-0840 (717) 236-3010 Dater ~~~ ~ld .. ~ L • + ~ CENTRIC $ANK,•fQrmerl~ known as Vartan National Bank, Plaintiff v. NANCY S. EICHELBERGER a/k/a NANCY S. PERKINS and KIRK A. PERKINS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.09-5414 Civil Term ~-. ~ ea. ._ :CIVIL ACTION -LAW 4 Action of Mortgage Foreclosure ~~ w Z NOTICE OF SHERIFF'S SALE OF REAL ESTATE PUXtSUANT TO PENNSYLVANIA RULE ~ OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff s Sale of Real Property (real estate) will be held: DATE: Wednesday, June 2, 2010 TIME: 10:00 o'clock a.m., prevailing time LOCATION: Cumberland County Courthouse One Courthouse Square 'Carlisle, PA 17013 THE PROPERTY T`O BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 6030 Creekview Road Mechanicsbut•g, PA 17055 THE JUDGMENT in~ the amount of $247,292.64 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 09-545 Civil Term -Action of Mortgage Foreclosure THE NAMES OF TIE OWNERS OR REPUTED OWNERS of this property is/are: i f { _ y Nancy S. Eicl~elberger a/k/a Kirk A. Perkins Nancy S. Perkins 529 Fairway Drive 6804 Clubhouse Drive, Apt. J Camp Hill, PA 17011 Harrisburg, PA 17111 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-349-3166 800-990-9108 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-349-3166 800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to pen the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff s Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule mush be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office -Civil Division, of the' within County Courthouse, before a presentation of the petition to the Court. SHERIFF EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particulazly described as follows: BEGINNING at a point marked by a railroad spike in the center of a public road known as Creek View Road at corner of land now or formerly of Ray M. Souders thence along the center line of said public road, South 83 degrees 5~3 minutes a distance of one hundred (l 00} feet to a railroad spike in the center of said road; thence NTorth 21 degrees 15 minutes West, a distance of three hundred (300) feet to an iron pipe; thence continuing along the line of lands of the same, North 83 degrees 53 minutes East, a distance of one hundred (100) feet to an iron pipe,. South 21 degrees 15 minutes East, a distance of three hundred (;300) feet to a railroad spike in the center of the public road, aforementioned; at the place of Beginning. CONTAINING 69/100 acres of land BEING improved with a dwelling known and numbered as 6030 Creek View Road, Mechanicsburg, Pennsylvania. •~`RIT OF EXECUTION and/or ATTACHMENT COMMONWEA~,TH OF PENNSYLVANIA) NO 09-5414 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMEERLAND COUNTY: To satisfy the debt, interest and costs due CENTRIC BANK, f/k/a VARTAN NATIONAL BANK, Plaintiff (s) From NANCY S. EICHELBERGER a/Wa NANCY S. PERKINS and KIRK A. PERKINS (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 agcount of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing ther of; (3) If property of the defenda~it(s) not levied upon an subject to attachment is found in the possession of anyone other than a named $~arnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $247,292.64 L.L. $.50 Interest from 10/30/09 per diem of $36.25 -- to be determined Atty's Comm % Due Prothy $2.00 Atty Paid $238.38 PlaintiPi Paid Late: 3/2/10 _ (5,31) Other Costs David D. Buell, Prothonotary By: REQUESTING PARTY: blame: J. STEPHEN FEINOUR, ESQUIRE Address: NAUMAN SMITH $HISSLER & HALL, LLP 200 NORTH San STREET HARRISBURG, PA 17101 Attorney for: PLAINTIFF Telephone: 717-236-3010 Supreme Court ID No. 24580 ~I Deputy On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered, 6030 Creekview Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 B: ~..Q.,w~ hs~ Real Estate Coordinator. 9Z ~Ol d 01 ~tlW OIOZ ~~ -~~~o~~~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under tact No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF I~ENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, F~squire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly s orn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical pu lished in the Borough of Cazlisle in the County and State aforesaid, was established January 2, 1 52, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said Co ty, and that the printed notice or publication attached hereto is exactly the same as was prin din the regulaz editions and issues of the said Cumberland Law Journal on the following date , 23, and Apri130, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid noticed or advertisement, and that all allegations in the foregoing statements as to time, place a~d chazacter of publication aze true. Marie Coyne, SWORN TO AND SUBSCRY$ED before me this da of Aril 2010 Notary NOTARMI. SEAL DEBORAH A COLLINS IR~ry- PYOIIC ARLiB1.E BORpU6N, CUMBERLAIia COt0i1r AA~I Coiambtlon ExpMra Apt 2B. 2014 ~rlt 110. ~@OS-M34 C"1~ Centric Bank vs. Nancy S. Eichelberger-Perkins a/k/a Nancy S. Eichelberger Kirk A. Perkins Atty: J. Stephen Feinour ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Township of Hampden in the County of Cumber- landand Commonwealth of Pennsyl- vania, more particularly described as follows: BEGINNING at a point marked by a railroad spike in the center of a public road known as Creek View Road at corner of land now or formerly of Ray M. 3ouder; thence alorsg the center line of aid public road, South 83 degrees 53 minutes a distance of one hundred (100) feet to a railroad spike in the center of said road; thence North 21 degrees 15 minutes West, a distance of three hundred (300) feet to an iron pipe; thence continuing along the line of lands of the same, North 83 degrees 53 minutes East, a distance of one hundred (100) feet to an iron pipe, South 21 degrees 15 minutes East, a distance of three hundred (300) feet to a railroad spike in the center of the public road, aforementioned; at the place of Beginning. CONTAINING 69/ 100 acres of land BEING improved with a dwell- ing known and numbered as 6030 Creek View Road, Mechanicsburg, Pennsylvania. +..... ~.... M ~.~.. ~..... 8i~f ~.t0;: ~~ t~AFlG8~i1 ^iitfsol g1s1t~Y1 1+Ttt00.3 i~lAk.~R38MU3 ,~4:),•~0{i!:lH .~JatJR:,3 ~tQS .bS ~tllt 2e~tgx~ ni+iaaimm<z,~ ~M.~...b -_ The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17Q50 Inquiries - 717-255-$2a3 the ~latriot N¢ws NOw you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 Gity, 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: 04/16/10 Sworn to ands scribed before me this 18 day 'May, 2010 A.D. ~-. ,~. Notary Public ` l9/~«12~~%//( COMMONWEALTIi OF PENNSYLVANIA Notarial Seal SheMe L Kisser, Notary Public Lower Paxton 1'wp., Dauphin County My Commission 6~plnss Nov. 2b, 2011 04/23/10 04/30/10 Member, PennsYNanla ASSOCIatlon of NotaHes MMekt kws. ~OY~6~i'14 S~tll'Hrni' -.._ _ - GtMrlc dsMMc Vs. 1I S. EJotrlCisr~Arrk~ns Mrlsii~e~gr ~. ~' Kirk A. Parkins, Atty: J. Stephen Felrwwr ALI. THATCERTAIN tract or parcel of land and premises situate, lying and being in the Township of Hampden in the Cqunty of Cumberland and Commonwealth of Pennsylvania, more particularly described as fo}Iows: BEGBVNING at a point marked by a railroad spike in the center of a public road known as CreekYew Road at cornet of land no(v of formerly of Ray M. Souders thence along the center line of saidpublic road, South 83 degrees 53 minutes a distance of one hundred (100) feet tD a raihoad spike in the center of said road; thence Nortt 21 degrees 15 minutes West, a distance of three hundred (300)' feet to an iron pipe; thence continuing along the line of lands of the same, North 83 degrees 53 minutes East, a distance of one hundred (100) feet to as iron pipe, South 21 degrees 15 minutes East, a distance of three hundred (300) feet to a railroad spike in the center of the public read, aforementioned; at the place of Beginning: CONTAINING 69/100 acres of land BEING improved, with a dwelling known and numbered as 6030 Creek View Road, Mechanicsburg, Pemsylvania COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which M & T BANK CORP is the grantee the same having been sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 2ND day of MARCH, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 5414, at the suit of CENTRIC BANK against NANCY S EICHELBERGER AKA NANCY S PERKINS & KIRK A PERKINS is duly recorded as Instrument Number 201020291. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ -~ ~, _,z. day of , A.D. ~? ~ ~ ~ ~ ~ _ ~ . . f" of Deeds ~M ~'iLr t~~,wA~'~~+Ak~ll.~~~~~J~.'tr'. ~.a i'. i~W..... I: yj~< y~. Y;