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HomeMy WebLinkAbout09-6566McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 ?.tGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 AmTrust Bank 1801 E. Ninth Street Suite 200 Cleveland, Ohio 44114 V. Glenn I. Kumler, II 212 W. Dauphin Street Enola, Pennsylvania 17025 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 0- (05W 0',vit-Ferm CIVIL ACTIONIMORTGAGE 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 han 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 coin un abogado y entregar a la corte en forma escrital 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 AGENCIAS 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 AmTrust Bank, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Glenn I. Kumler,ll, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 212 W. Dauphin Street, Enola, Pennsylvania 17025. 3. On October 17, 2007, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to MERS, Inc. as Nominee for AmTrust Bank which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book Instrument #200740159. 4. The aforesaid mortgage was thereafter assigned by MERS, Inc. as Nominee for AmTrust Bank to AmTrust Bank, by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 212 West Dauphin Street, Enola, Pennsylvania 17025. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due May 1, 2009 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. 7. The following amounts are due on the mortgage: Principal Balance $ 80,557.16 Interest through September 15, 2009 $ 3,069.88 (Plus $18.48 per diem thereafter) Attorney's Fee $ 1,300.00 Late Charges $ 124.64 Escrow Advance $ 221.55 GRAND TOTAL $ 85,273.23 8. 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 mai I with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $85,273.23, together with interest at the rate of $18.48 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: Attorneys for intiff TERRENCE . 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. 0-7 BY: Attorneys for aintiff TERRENCE . MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200740159 Recorded On 10/22/2007 At 8:50:35 AM * Total Pages - 16 * Instrument Type - MORTGAGE Invoice Number - 7140 User ID - MSW * Mortgagor - KUMLER, GLENN 1 II *Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. * Customer - HOMESALE SETTLEMENT SER LTD * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $10.00 $33.50 $11.50 $2.00 $3.00 $60.50 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA we s . o o? a / D EDS ?- RECORDER O t:rso * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 15'? ??155 I? Prepared By: HMS Mortgage, LLC [Name] 131 Centerville Road Suite A [Street Address) Lancaster, PA 17603 [City, State Zip Code] 7173938220 [Telephone Number] After Recording Please Return To: AmTrust Bank Attn: Document Control [Name] [Attention] 11 I 1 Chester Ave [Street Address] Cleveland, OH 44114 [City, State Zip Code] [Telephone ;`lumber] UPI/PIN/Tax ID: [Space Above This Line For Recording Data] Loan Number: 4705254 PENNSYLVANIA MORTGAGE MIN: 100162500047052544 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated October 17, 2007, together with all Riders to this document. (B) "Borrower" is GLENN I. KUMLER, 11. Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. Pennsylvania Nfortgagc-Single Family-Fannie Vitae/Freddie Mac Uniform Instrument Form 3039 1l0I MERS Modified The Compliance Source, Inc. Page i or 14 Modified by Compliance Source 14301 PA 08/00 Rev. 09/07 www.compliancesource.com ®2007, The Compliance Source, Inc. 4705254 (D) "Lender" is AmTrust Bank. Lender is a Federal Savings Bank organized and existing under the laws of The United States of America. Lender's address is 1801 East Ninth Street Suite 200, Cleveland, OH 44114. (E) "Note" means the promissory note signed by Borrower and dated October 17, 2007. The Note states that Borrower owes Lender Eighty Two Thousand and 00/100ths Dollars (U.S. $82,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than November 1, 2037. (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ? Adjustable Rate Rider ? Condominium Rider ? Second Home Rider ? Balloon Rider ? Planned Unit Development Rider ? Biweekly Payment Rider ? 14 Family Rider ? Revocable Trust Rider ? Other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that arc imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions; transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. Pennsylvania plorlgage-Single Family-Fannie Mae/Freddie Nlac Uniform Instrument Form 3039 1/01 MERS Modified The Compliance Source, Inc. Page 2 or 14 Modified by Compliance Source 14301 PA Og/00 Rev. 09/07 Mww.compliancesource.com 02007, The Compliance Source, Inc. 4705254 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) 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 MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in the County of Cumberland: [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] Tax Parcel ID No: See Attached Exhibit A which currently has the address of 212 W. Dauphin Street [Street] Enola, Pennsylvania 17025 ("Property Address'"): [City] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part 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 understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. 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. Pennsylvania Mortgag"Ingle Family-Fannie Mae/Freddie Mic Uniform Instrument Form 3039 1/01 MERS Modified The compliance source, Inc. Page 3 of 14 Modified by Compliance Source 14301 PA 08/00 Rev. 09/07 www.compliancesource.com 02007, The Compliance Source, Inc. 4705254 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If. more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and.other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items" At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Pennsylvania Morlgag"Ingle Family-Fenole Mae/Freddie Mac Uniform Instrument Form 3039 1/01 MERS Modified The Compliance Source, Inc. Page 4 of 14 Modified by Compliance Source 14301 PA 09/00 Rev. 09!07 www.compliancescurce.com 02007, The Compliance Source, Inc. 4705254 Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. 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, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property 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 including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender Pennsylvania Murtgag"ingle Family-Fannie Mae/Freddic Mac Uniform Instrument Form 3039 1/01 MERS Modified The Compliance Source, Inc. Page 5 of 14 Modified by Compliance Source 14301 PA 08100 Rev. 09107 www.compliancesource.com 02007, The Compliance Source, Inc. 4705254 requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carver providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk; hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. 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, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third panics, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Leader (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in Pennsylvania Mortgage-Single Famlly-Fannie Mae/Freddie Mac Uniform Instrument Form 3039 IN1 MERS Moditted The Compliance Source, Inc. Page 6 of 14 Modified by Compliance Source 14301PA 08/00 Rev. 09107 www.compliancesource.com 1020079 The Compliance Source, Inc. 4705254 writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible. Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but arc not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Pennsylvania Mortgage-Single Family-Fannie Mae/Freddie Mac Uniform Instrument Form 3039 1/01 MFRS Modified The Cumpliance Source, Inc. Page 7 of 14 Modified by Compliance Source 14301 PA 09= Rev. 09/07 www.compliancesource.com 02007, The Compliance Source, Inc. 4705254 Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Pennsylvania Mortgage-Single Famtiy-Fanale Mae/Freddle Mac Uniform Instrument Form 3039 1/01 TIERS Modified The Compliance Source, Inc. Page 8 of 14 Modified by Compliance Source 14301 PA 08/00 Rev. 09107 www.compliancesource.com 02007, The Compliance Source, Inc. 4705154 In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums Secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assume Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. Pennsylvania Mortgage-Single Family-Fannie Mae/Freddie Mac Uniform Instrument Form 3039 1/01 51ERS Modified The Compliance Source, Inc. Page 9 of 14 Modified by Compliance Source 14301 PAOlt/00 Rev. 09/07 www.compliencesource.com 02007, The Compliance Source, Inc. 4705254 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. 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. 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 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 Pennsylvanis Mortgage-Single Family-Fannie Nlae/Freddie Nine uniform instrument • ° •._. VIERS Modified The Compliance Source, Inc. Page 10 of 14 Modified by Compliance Source 14301 PA OWN Rev. 09107 www.compliancesource.com 02007, The Compliance Source, Inc. 4705254 expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) 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 as if no acceleration had 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, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note Purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shalt not do, nor allow Pennsylvania Mortgage--Single Fomily-Fannie Aloe/Freddie Mac Uniform Instrument Form 3039 1101 HERS Modified The Compliance Source, Inc. Page I I of 14 Modified by Compliance Source 14301 PA 08/00 Rev. 09107 www.compliancesource.com 02007, The Compliance Source, Inc. 4705254 anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. 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 Section 18 unless Applicable Law provides otherwise). Leader shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void, After such occurrence, Lender shall discharge and satisfy this Security Instrument, Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sate or other sale pursuant to this Security Instrument. 26. 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. 27. 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. THIS IS A CONTRACT UNDER SEAL AND MAY BE ENFORCED UNDER 42 PA.C.S. §5529(b). Pennsylvania Mortgag"ingle Family-Fannie Mae/Freddie Mac Uniform Instrument Form 3039 1/01 HERS Modified Source, Inc. Page 12 of 14 Modified by Compliance Source 14301 Co PA OgroS Rev. 09/07 The Compliance Sou ,Inc. Nww.compliancesource.com 02007, The Compliance Source, Inc. 4705254 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security instrument and in any Rider executed by Borrower and recorded with it. C2V (Seal) GLENN 1. KUMLER, 11 -Borrower [Printed Name] (Seal) -Borrower [Printed Name] Certificate of Residence: (Seal) -Borrower [Printed Name] (Seal) -Borrower [Printed Name] I/We do hereby certify that the precise address of the within named mortgagee, assignee or person entitled to interest 6# By: if Title: cknowledgment on Following Page) Pennsylvania Mortgage--Single Family-Fsnnle Mae/Freddie Mac Uniform Instrument Form 3039 INt MFRS Modified The Compliance Source, inc. Page 13 of 14 Modified by Compliance Source 14301 PA 08MO Rev. 09/07 nc. www.compliancesource.com 02007, The Compliance pliance Source,, Inc. 470525A ACKNOWLEDGMENT State of § I ?; § County of § On this, the /-740-day of - & before me , the undersigned officer, personally appeared GLENN I. KUMLER, 11 known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she/they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official scale COMMCNWEALI'N W PENNSYLVANIA N U T' R I A 1. 6 E A L Signature ?;'i,tabeth Horan Meadows. Notary Public 11 over Paxton Twp., t?auphI County 4Y COMMISsiON IRES NOV.17 2016 (Seal) Title of Officer Pennsylvania Mortgage-Single Family-Faunie Mae/Freddle Mac Uniform Instrument Form 3039 1/01 HERS Modified The Compliance Source, Inc. Page 14 of 14 Modified by Compliance Source 14301 PA OL40 Rev. 09/07 www.compliancesearce.com 02007, The Compliance Source, Inc. 4705254 EXHIBIT "A" ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the south side of Dauphin Street one hundred fifty-six and one hundred sixty thousandths (156.160) feet measured westwardly along said line of Dauphin Street from the northwesterly extremity of the arc or curve, having ,a radius of ten (10) feet connecting the said line of Dauphin Street with the northwestwardly line of Summit Road; thence by other lot or lands now or formerly of N. S. Kapp, South ten degrees twenty minutes East (S 10° 20' E) seventy-six and one hundred twenty-eight thousandths (76.128) feet to a point at lands now or formerly of H. M. Bloser; thence by lands now or formerly of H. M. Bloser and lands now or formerly of W. H. Arnold, South fifty degrees eighteen minutes two seconds and seventy hundred second West (S 50° 18' 02.70" W) thirty-six and seven hundred eighteen thousandths (36.718) feet to a point; thence by lands now or formerly of Newton L. Kapp, et ux, North ten degrees twenty minutes West (N 100 20' W) ninety-four and one hundred thirty-four thousandths (94.134) feet to Dauphin Street; thence by Dauphin Street, North seventy-nine degrees forty minutes East (N 790 40' E) thirty-two (32) feet to place of BEGINNING. HAVING thereon erected a two story brick and frame house, known as No. 212 West Dauphin Street, Enola, Pennsylvania. SUBJECT to restrictions as contained in prior deeds. Q rICE OF THE PROTHONOTARY 2089 OCT - I PM 3: 0 ! COUNTY f'tNtN,c YLVn 144 X78.50 P-0 ATM a3 i?8 Sheriffs Office of Cumberland County C?iLE?FCCE R Thomas Kline CF .." Pn T NOTAqy Sheriff ?? ^y of trr?taGrrlfl? Z0Q? OCT i Z6 p f l Ronny R Anderson Chief Deputy Jody S Smith Ci1?,t:-•.? U';y f C L ?.. «F?t?a i-pA Ill! Civil Process Sergeant PtIN SYLVA.?fCA Edward L Schorpp Solicitor AmTrust Bank I vs. Glenn I. Kumler, II Case Number 2009-6566 SHERIFF'S RETURN OF SERVICE 10/02/2009 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: Glenn I. Kumler, II, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 10/08/2009 York County Return: And now, October 8, 2009 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Glenn I. Kumler, II the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of York and therefore return same NOT FOUND 10/23/2009 Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October 23, 2009 at 1200 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Glenn Kumler, II, by making known unto Glenn Kumler, II, personally, at One Courthouse Square, Room 303, 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. SHERIFF COST: $91.00 October 23, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff AQ COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL. (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFFISI AMTRUST BANK 2 COURT NUMBER 2009-6566 3 DEFENDANTISI GLENN I. KUMLER, II SERVE 5 NAME: OF INDIVIDUAL, COMPANY, C?jt TION, ESC TI GLENN I. KUMLER, II /Jr?, 4. 1 Trt Ur VVKI1 UK 1-UM-LAIN I /'AIM ;OMPLAINT IN MORTGAGE FORECLOSURE OF P PER In LEVIED ATTAI 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORO. TWP,, STATE AND ZIP CODE) r* * arto? nT j • gjQ ?il?I"yy AT 5 7 INDICATE SERVICE O PERSONAL U PERSON IN CHARGE XJ DEPUTIZE J CERT MAIL U IST CLASS MAIL U POSTED J OTHER NOW OCTOBER 1 2C9 - I, SHERIFF 8P§6*WWbUNTY, PA, do hereby deputize the sheriff of YORK COUNTY to execute t- ake re urn t ccording to law. This deputization being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE ADV FEE PAID BY ATTY. OUT OF CO CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER II DATE FILED MCCABE WEISBERG AND CONWAY, PC 123 SOUTH BROAD 15-790-1010 10/01/2009 kibl 12. SEND T E C AIMS BELOW (This area must be completed d notice is to be mailed) CUMBERLAND COUNTY SHERIFFS OFFICE I CUTRIECITSF SQUARE, Olt -303 CART-IST?F, PA 1701-4 CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF = DO NOT WRITE BELOW 7M LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. MJ M G TL YCSO 10-5-09 10-31-09 16. HOW SERVED PERSONAL( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. 0 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED i LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) ] 19 Date of Service 20 Time of Service 21. ATTEMPTSW&J Tit JlliS#t ILIAgVI TinyAk'll Irk I Date Time Miles Int I Date Time ] Miles ] Ini. Date Time Miles Int Dale Time Mites Int 22. 23 Advance Costs 24 Service Costs 25 NIF 26 Mileage 27 Postage 28 Sub Total 29 Pound 30 Notary 31 Surchg 32 Tot. Costs 33 Costs Due Refund Check No 00.00 s?d +(9 L (? , o 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert 38 Mileage/Postage/Not Found 39 Total Costs 40 Costs Due or Refund 41. AFFIRMED and subscribed to be r this 15 SO ANSWERS 42 day of 11410( Tiy N De naSheriff f P 45. DATE NOTARIAL SEAL Y 46. Signature of York 47 DATE LISA L THORP_, NOTARY PUBLIC County Sheriff ? CiTY OF YORK. YORK COUNTY , RICHARD P. E tLEBE ,SH RI f' 10-15-09 MY COt.".I SS!CN EXPIRESAUG. 12, 2013 _ 48 Signature of Foreign 49 DATE County Sheriff c. c yr nc ancnirr a mr i uKn aiwrvA i uKt 151 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office L__ 7- 'IMP '70-r4qrWR COUNTY OF YORK OFFICE OF THE SHERIFF S(17)7 196011 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE INSTRUICTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN -EASE TYPE ONLY UM 1 THRU 12 DO' NOT [WTACH ANY COPES I. PLAINTIFF/S/ 2 COURT NUMBER - ;, AY'YFUS'I 13144K ,_ :) + f 56E? 3 DEFENDANTlSt GLFN I. KIlMLEEti, II 41 :I AIN II<' lit !'7'C AGF IY)RECLO'SUPF, D, R SULD *IER VE OR DRIPTIC?N OR PERTY LEI "VIED, ATTACH SERVE 5 NAME OF INDIVIDUAL. COMPANY. C9}PP TION. E IC T GLEM' , KUMLER, y 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, ORO, TWP. STATE AND ZIP CODE) _ AT 5 Zr11 ? A O AI)4? r' 7 INDICATE SERVICE U PERSONAL V PERSON IN CHARGE )Q DEPUTIZE J CERT MAIL U 1 ST CLASS MAIL ED 'J OTHER NOW (?IC'IC)F R 1 , 2009- I, SHERIFF 6V BUNTY, PA, do hereby deputize the sheriff of YORK COUNTY to execute this Writ and make return thereof -according to-law. This deputization being made at the request and risk of the plaintiff. SHERIFF QF? 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE A',)V FEE PAID BY riTFY. NOTExONLY'APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER t 1 DATE FILED MCCABE WEISBERG MID COtv?AY, PC 1.23 SOUTH BROAD 215-7001- 103 10/01/2009 12 T E A BELOW (This area must be completed d notice is to be mailed) CtRMPEHI.AND-.C0UMY SHERIFF'S OFFICE I-XIMMUISE SQUAPP ROM -403 CARr-TqT-F, PA 1:7012 CUM3EP1,44) CO SHERIE't' SPACE` BELOW FOR USE F THE SWRFF DO NOT WRITE MOW TkNS L1W 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. NiJ M2C;'11_LL Yran 10IS-0 t>- 10314-fi,8g 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O I hereby ceAity and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18 NAME AND TITLE OF INDIVIDUAL SERVED/ LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Date of Service 20 Time of Service 21 ATTEMPTS p84Tuge Miles Int. I 6W Timo, dcs Int_ Date Time Miles Int Date Time Miles Int Date Time Mlles Int Date Time Miles Int 22. 23 Advance Costs 24 Service Costs 25 N/F 26 Mileage 27 Postage 28 Sub Total 29. Pound 30 Notary 31 S irchg. 32 Tot Costs 33 3 6sIs Due IZ-e?lund Check No- (M C4 , 1 q m c f . / ie??Vly_l 1 34. Foei#n County Costs 35 Advance Costs 36 Service Costs 37 Notary Cert . 38 Mileage/Postage/Not Found 39 o al Costs 40 Costs Due or Refund 41 AFFIRMED and subscribed to before m thi I 5t SO ANSWERS . e s zb ' - 44 Si f t 42 day of OMNI Q'WrS4Fd . gna ure o Dep. Sheriff 45 DATE NOTARIAL SEA L LISA L THCRPE NOTARY PUB IC 46. Signature of York f? County Sheriff -- p 47. DATE . , L CITY OF YORK, YORK COUNTY PLC IIARD N_ MY COt,"f,1iSSiON EXPIRES AUG. 12, 2013 48 Signature of Foreign a9 DATE - County Shenff au. i n?.,nnvvr cup r nc%.cir i yr i nc onLKIr r z) Kt i UKIV JWKA I uKt 151 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY -Sheriffs Office 4. BLUE - Sherdr$ Office v, • ` McCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARL 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 AmTrust Bank Cumberland County Court of Common Pleas Plaintiff v. Glenn I. Kumler, II Defendant Number 09-6566 CIVIL TERM JU L 2 p 2010 ORDER AND NOW, this /y da of ~` / , 200 ,the Plaintiff is granted leave to serve the Notice of Sheriffs Sale of Real Property and all other subsequent pleadings upon the Defendant, Glenn I. Kumler, II, by regular mail and by certified mail, return receipt requested, to his/her last known address of 5 Coover Court, Dillsburg, Pennsylvania 17019 and upon the Defendant, Glenn I Kumler, II, by regular mail and by certified mail, return receipt requested, to his/her last known address of 614 Windy Hill Road, Sherman's Dale, Pennsylvania 17090 and by posting the Notice of Sheriffs Sale of Real Property at the mortgaged premises of 212 West Dauphin Street, Enola, Pennsylvania 17025. BY THE COURT: ~ ; r r TN r 't . W£.! S'j ~a !.'~ c- ^.~ '-~ c• ~ a ' ~ ,:. -a ; -~: .ri' ~-. ~_ -~ n -.~ 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 CAIRO, ESQUIRE - ID # 34419 FRANK DUBIN, ESQUIRE - ID # 19280 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID 474770 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 AmTrust Bank V. Glenn 1. Kumler, II Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-6566 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: C> C?. Cp ,la rT` e1 ?C? The undersigned, attorney, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: That he is counsel for the above-named Plaintiff; G?'3 r; z N J w r c? 2. That on July 30, 2010 per the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Glenn 1. Kumler, If, by regular mail, certified mail, return receipt requested, addressed to 5 Coover Court Dillsburg, Pennsylvania 17019 and 614 Windy Hill Road Sherman's Dale, Pennsylvania 17090. True and correct copies of the letters, certified return receipt and certificate of mailing, are attached hereto, made a part hereof, and marked as Exhibit "A " 3. That on August 3, 2010, with the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Glenn 1. Kumler, 11, by posting C? T1 M the same at the mortgaged premises known as 212 West Dauphin Street, Enola, Pennsylvania 17025 True and correct copies of the Sheriff's Return of Service form indicating the same are attached hereto, made a part hereof, and marked Exhibit "B." SWORN AND SUBSCRIBED BEFORE ME THIS 25`h DAY OF August, 2010 C '^ NOTARY PUBLI J 113MMONWEALTH C- PENNSYLVANIA NOTARIAL SEAL Barbara J. Moyer - Notary Public Cf? of pia, PhiiaMphis Uint W MMMMM EISRES JAN i2, 2414 ..? l? BY: _i?. -- --?_ Attorneys for Plamt?ff TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE; MARGARET CAIRO, ESQUIRE FRANK DUBIN, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE HEIDI R. SPIVAK, ESQUIRE., McC:ABE, WEISBERG AND CONWAY, Pk. By. TERRENCE J. McCABT, ESQUIRE- 11) 11 16496 MARC S. WEISBERG, ESQUIRE - 11) 0 17616 EDWARD D. CONWAY, ESQUIRE - ID #134687 MARGARETCAIRO, ESQUIRE - 11) tl 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 r. S s Attorneys for I'laintiff AmTrust Hank Cumberland County Court of Common Pleas Plaintiff V. Glenn 1. Kimiler, 11 Defendant Number 09-6566 CIVIL TERM Ofi2I)L R 2000, the Plaintiff is granted leave to serve the Notice of AND NOW, this . W4 d y 1 by of 11A Sheriffs Sale of Real Property and all outer subsequent pleadings upon the Defendant, Glenn 1. Kumler, 11, by regular mail and by certified mail, return receipt requested, to his/her last known address of '5 Coover Court, Dillsburg, Pennsylvania 17019 and upon the Defendant, Glenn I Kumler, 11, by regular mail and by certified mail, return receipt requested, to hislirer last known address of 614 Windy) ill Road, Sherman's Dale, Penns Ivimm ? 7090 and by posting the Notice of Sheriff's Sale of Real Property at the mortgaged premises of'212 West Dauphin Street, Gnoia, Pennsylvania 17025. BY THE COURT: EXHIBIT A 0 (DOMeSNO Mail Only . ; No In surance Coverage Pro , . 0" ru m OFFI C IAL USE x . a Postaga a m Certified Fee .. C1 RedJln Fie CeRrt Fee -X Poatrnalt O (Endorsement R . d) Here i E3 ?t? ? ( Ao ..n O TCW Postage & Fees $ 1 v / E3 Sheep Ko.; ovAoeauNo. - l la (? - .r !Vl. q---- L G eU A N go EO ti OFF m ra P~ m CerWW Fee ri © petum Raoalpt Fea n (Errdorewtwrt RecwtieQ) (EndoreamemHepWred O O J3 Q Tbtal Poetee & Fees r=1 0 E:3 ?.rFiNN .? Im -- r kw ro w v C r? r O O ------------------------- w ? Co n z3o N Q-. ww d 2? rt ?r ? Q 0. 00 ?. z -mss" ? C7 w rn b 4 ? ro ON n ?? o C w ? n a p ? n C7"'? rm?Q'n cn G G7 ?: C7 (D -? d m o "?' _ civ v o N ?. x n 4 N t ti x ?. ? co t. O p ?tyy w P?' 3 ? ;b y? 'F N '30 Fj a' W u Q? c7 4?. o A cc, ? O ?. ?^^? a p ? Sip ?• N :.1 O etc ?. O ? ? 5 o` 71 ro ? a o' b o ? n c a 6 y, c, o U?u7fiO N , sn 4 ©? v, `n e ro b pp O ?? ?Y ?9 ?? Y ? iD V 8,??s3 "4 ??3 ao ? 6 y h u pt- i 3 i a TERRENCE J. McCABE*** MARC S. WEISBERG** EDWARD D. CONWAY * MARGARET GAIRO .*. LISA L. WALLACE+t DEBORAH K CURRANf* LAURA H.G. O'SULLIVAN= GAYL C. SPIVAK* FRANK DUBIN ANDREW L_ MARKOWIIZ HEIDI R. SPIVAK* SCOTT TAGGART* MARISA COHEN* KATHERINE SANTANGINV JASON BROOKSt STEPHANIE H. HURLEY- DIANN GREEN < MATTHEW CONNOR* FAITH MIROS '<' ERIN BRADY-* AARON D. NEAL•- KEVIN T. MCQUAIL RUHI MIRZA -' Liccnscd in PA Liccnscd in PA R NJ *• L?censcd in PA ,r NA' Ltcenscd in NY ^^ Licensed in NJ Liccnscd in PA A WA Liccnscd in P.A. NJ X N) t Liccnscd in NY,'., CT • Licensed in MD & DC •• Liccnscd in MD Managing Anorn,: ' for NY t Managing Attorney for MD Managing Attorney for NJ Liccnscd in VA Liccnscd in CT R. NJ Licensed in MD & VA Glenn I. Kumler, II 5 Coover Court Dillsburg, Pennsylvania 17019 Re: AmTrust Bank LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 SUITE 303 123 SOUTH BROAD STREET ? I6 S AVENUE TMON WI-?STMONT, 70 08108 PHILADELPHIA, PA 19109 85 858 (215) 790-1010 (856) 858-7020 FAX FAX (215) 790-1274 S111TE 499 145 HUGUENOT STREET NL{W ROCI IELLE, NY 10801 (914)-636-8900 F AX (914}-636-8901 Also servicing Connecticut SUITE 100 8101 SANDY SPRING ROAD LAUREL, MD 20707 Jul 2010 30 (301) 40-3361 ) y , X (301 FA 490-1568 Also seiy icing the District of Columbia and Virginia vs. Glenn 1. Kumler, 11 Cumberland County; No. 09-6566 CIVIL TERM Premises: 212 West Dauphin Street, Enola, Pennsylvania 17025 Dear Glenn L Kumler, Il: Enclosed is a Notice of Sheriffs Sale relative to the above-captioned matter. Very truly yours, Daniel Harrison, Legal Assistant McCabe, Weisberg and Conway, P.C. TJM/dhn Enclosure SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7010 1060 0001 3143 2898 RETURN RECEIPT REQUESTED This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. TERRENCE J. McCABE*** MARC S. WEISBERG** EDWARD D. CONWAY MARGARET GAIRO LISA L. WALLACEft DEBORAH K_CURRANt* LAURA H.G. O'SULLIVANJ• GAYL C. SPIVAK* _ FRANK DUBIN *' ANDREW L. MARKOWITZ HEIDI R. SPIVAK* SCOTT TAGGART* MARISA COHEN* KATHERINE SANTANGINI" JASON BROOKSt STEPHANIE H. HURLEY- DIANN GREEN, MATTHEW CONNOR* FAITH MIROS '< ERIN BRADY- * AARON D NEAL•• KEVIN T. MCQUAIL RUHIMIRZA •' Liecased in PA ' Licenscd in PA & NJ '• Licensed in PA & NM' ^ Licensed Vn NY ^^ Licensed in NJ Licensed in PA & WA *•* Licensed in PA, NJ & NY t Licensed in NY & CT • Licensed in MD & DC •• Licensed in MD t Managing Anorne, for NY Managing Atone for MD Managing AIIon- for NJ Licensed in VA Licenscd in CT & NJ > Licenscd in MD & VA Glenn 1. Kumler, 11 614 Windy Hill Road Sherman's Dale, Pennsylvania 17090 Re: AmTrust Bank LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 surrE 303 123 SOUTH BROAD STREE I AVENU F lo E PHILADELPHIA, PA 19109 ESTMON , 08 1 08 W (856) 858-7080 85 790-1010 (215) (8856) 56) 858-7020 FAX FAX (215) 790-1274 SMITE 499 145 1IUGUENOT STREF NEW ROCHELLE, NY 10801 (914)-636-8900 FAN (914)-636-8901 Also servicing Connecticut SUITE 100 8101 SANDY SPRING ROAD LAUREL, MD 20707 201 July 30 y '301) 490-3361 , FAX (301) 490-1568 Also sel'Vlcing 111c DISIVICI of Collntlhnf and Virginia vs. Glenn I. Kumler, II Cumberland County; No. 09-6566 CIVIL TERM Premises: 212 West Dauphin Street, Enola, Pennsylvania 17025 Dear Glenn I. Kumler, Il: Enclosed is a Notice of Sheriffs Sale relative to the above-captioned matter. Very truly yours, Daniel Harrison, Legal Assistant TJM/dh McCabe, Weisberg and Conway, P.C. n Enclosure SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7010 1060 0001 3 143 2904 RETURN RECEIPT REQUESTED EXHIBIT B SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor AmTrust Bank vs. Glenn I. Kumler, II Case Number 2009-6566 SHERIFF'S RETURN OF SERVICE 03/26/2010 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: Glenn I. Kumler, II, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 04/07/2010 11:52 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 4/7/10 at 1152 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 Glenn I. Kumler, II, located at, 212 West Dauphin Street, Enola Cumberland County, Pennsylvania according to law 05/03/2010 York County Return,Not Found, and now the, 3rd day of May 2010, did not serve the within Real Estate Writ, Notice of Sale and Description upon Glenn 1. Kumler, 11, the defendant, per current homeowner, one Christopher Zink, defendant has never resided at: 5 Coover Court, Dillsburg, PA. So Answers: Richard P. Keuerleber, Sheriff of York, County, Pennsylvania 05/28/2010 Property sale postponed to 9/8/2010. 06/28/2010 Received Notice of Sheriff's Sale from Attorney this date with instructions to Deputize Perry County for service on defendant at: 614 Windy Hill Road, Shermansdale, PA 17090 06/28/2010 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: Glenn I. Kumler, II, but was unable to locate Glenn I. Kumler, 11, in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 07/08/2010 Perry County, Not Found Return and now the, 6th day of July 2010, unable to serve the within Real Estate Writ, Notice of Sale and Description upon Glenn I. Kumler, II, the defendant, at, 614 Windy Hill Road, Shermansdale, Pennsylvania, defendant moved and did not leave a valid forwarding address. So Answers: Carl Nace, Sheriff of Perry County, Pennsylvania. 08/03/2010 Order of Court received this date, to serve Glenn 1. Kumler, II, by posting the property located at: 212 West Dauphin Street, Enola, PA pursuant to court order. cab. 08/04/2010 01:54 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 8/4/10 at 1554 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, for service on the defendant, Glenn I. Kumler, II, pursuant to Court Order, located at, 212 West Dauphin Street, Enola, Cumberland County, Pennsylvania according to law. SHERIFF COST: $1,278.16 August 05, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF Al11TrUSt )3allk Plaintiff COURT OF COMMON Pl.~>;AS C:UMI3C;Ri.AND COI.JNT'Y v. Gletlll I. kunller, 1? DL'felldFlilt Number 09-65(iC CI~'il.~ Tf~R.;~9 ORllER AND NOW, this day oi~ ~~it~ 2UIU, upon consideration of Plaintiffs Motion to Adjourn the Sheriffs Sale currently scheduled in the above-captioned matter for. September •8, 2U1U, it is hereby ORDERED that the Sheriffs Sale oi'the property known as 212 West Dauphin Street., Lnola, Pennsylvania 17U25; is adjouly~ed to the December 8, 2010 Sheriffs Sale. It is rURTI-ILR ORDERED that no additional advertising of said Sale is necessary and no ne«~ notice to the parties previously sei t~~rtll in the Affidavit Pursuant to Pa.R.C.I'. 3129 is rccluired. ~o~ t 4..S /1~t~ l ~<c~ r ~~~ ~ ~~b~ G. ~~~~ g~ ~~~a ~~ ~. rs .~-: ~:-€ ~- 1 rx~ :a w a°~ c: ,, ~~ "~~i I3Y 'TI•~I13 COURT: AmTrust Bank Plaintiff V. Glenn I. Kumler, 11 Defendant DEC 0 0 2010 COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-6566 CIVIL TERM ORDER day of 12jcej0- _ , 2010, upon consideration of Plaintiffs Motion to AND NOW, this Adjourn the Sheriffs Sale currently scheduled in the above-captioned matter for December 8, 2010, it is hereby ORDERED that the Sheriffs Sale of the property known as 212 West Dauphin Street, Enola, Pennsylvania 17025, is adjourned to the February 2, 2011 Sheriffs Sale. It is FURTHER ORDERED that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 is required. /2 - ? - *)/U ?,4eA !? BY THE COURT: r" J co 71D ' ?Y `a? f WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-6566 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AM TRUST BANK Plaintiff (s) From GLENN I. KUMLER, II (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 $88,248.51 L.L. Interest from 02/24/10 - - $6,703.62 at $14.51 Atty's Comm % Due Prothy $2.00 Atty Paid $1,099.18 Other Costs Plaintiff Paid Date: 3/1/11 David D. B 11, Prothonotary (Sea)) Deputy REQUESTING PARTY: Name: TERRENCE MCCABE, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION FILE NO.: 09-6566 CIVIL TERM Civil Term AmTrust Bank n r-.z' v. AMOUNT DUE: $88,248.51 %_ `= ? ? _ v c Glenn I. Kumler, II INTEREST: from 02/24/10 $6,703.62 at $14.51 ATTY'S COMM.: ?-.. .rte ? "" < COSTS: Z CC) TO THE PROTHONOTARY OF SAID COURT: _< ? ' The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 212 West Dauphin Street, Enola, Pennsylvania 17025 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: 2/28/11 CA 1. po 66C , '56 ?? a ??t. o0 a 4. oo s 1, oqq . i 8 Td a Signature: Print Name: MCCA$E, WEISBERG AND CONWAY Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (2151790 1010 Supreme Court ID No. 1 G1 (? 1,2, ao ? 6- a?)3s8aY ?-?-as 8?f ?r C+ Q? Tssu+?d -c? :r 'Y ?e ; CD C?J` ?:.? ter.-. LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the south side of Dauphin Street one hundred fifty-six feet and one hundred sixty thousandths of a foot measured westwardly along said line of Dauphin Street from the northwesterly extremity of the arc or curve, having a radius of ten feet connecting the said line of Dauphin Street with the North westwardly line of Summit Road; thence by other lot or lands now or formerly of N.S. Kapp, South ten degrees twenty minutes East seventy-six feet and one hundred and twenty-eight thousandths of a foot to a point at lands now or formerly of H.M. Bloser; thence by lands now or formerly of H.M. Bloser and lands now or formerly of W.H. Arnold, South fifty degrees eighteen minutes two seconds and seventy hundredths of a second; West thirty-six feet and seven hundred eighteen thousandths of a foot to a point; thence by lands now or formerly of Newton L. Kapp, et ux., North ten degrees twenty minutes ninety-four feet and one hundred thirty-four thousandths of a foot to Dauphin Street; thence by Dauphin Street North seventy-nine degrees forty minutes East thirty-two feet to Place of BEGINNING. PARCEL NO. 09-14-0832-196 BEING the same premises which Deborah E. McNemar and Richard Pike, her husband, by Deed dated 10-17-07 and recorded 10-22-07 in the Office of the Recorder of Deeds in and for the County of Cumberland as Instrument No. 200740158, granted and conveyed unto Glenn I. Kumler, II. Being Known As: 212 West Dauphin Street, Enola, Pennsylvania 17025. 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 (2157 790-1010 AmTrust Bank Plaintiff V. Glenn I. Kumler, II Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 09-6566 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 r°a )P' C'3 = €? C C) G T , A The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 212 West Dauphin Street, Enola, Pennsylvania 17025, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owner or Reputed Owner Name Glenn I. Kumler, II Address 5 Coover Court Dillsburg, PA 17019 and 614 Windy Hill Road Sherman's Dale, PA 17090 and 212 West Dauphin Street Enola, PA 17025 Name and address of Defendant in the judgment: Name Glenn L Kumler, II Address 5 Coover Court Dillsburg, PA 17019 and 614 Windy Hill Road Sherman's Dale, PA 17090 and 212 West Dauphin Street Enola, PA 17025 3. 4 5. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Plaintiff herein. Address Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. Address Name and address of every other person who has any record lien on the property: Name Address NONE 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Township of East Pennsboro Township of East Pennsboro Township of East Pennsboro Township of East Pennsboro Address 118 Chester Rd Enola, Pennsylvania 17025 21 Dulles Dr E Camp Hill, Pennsylvania 17011 226 N Enola Dr. Enola, Pennsylvania 17025 230 N Enola Dr. Enola, Pennsylvania 17025 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 212 West Dauphin Street Enola, Pennsylvania 17025 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriff's Sales 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 William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 United States of America c/o U.S. Dept of Justice, Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington, DC 20530-0001 United States of America c/o U.S. Dept of Justice, Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Name and address of Attorney of record: Name Address NONE 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 authorit'? ?"1?--- February 28, 2011 TERRENCE 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 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 AmTrust Bank V. Glenn I. Kumler, II Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-6566 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Glenn I. Kumler, 11 5 Coover Court Dillsburg, PA 17019 and 614 Windy Hill Road Sherman's Dale, PA 17090 and 212 West Dauphin Street Enola, PA 17025 e - s? C:) Y .,' C "-- = ca c) 5;c= a Your house (real estate) at 212 West Dauphin Street, Enola, Pennsylvania 17025 is scheduled to be sold at Sheriffs Sale on June 1, 2011 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 $88,248.51 obtained by AmTrust Bank 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: 1. The sale will be canceled if you pay to AmTrust Bank 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. 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 1. 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 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - 1D # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GA1RO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 ` = t JUL 202010 Attorneys for Plaintiff AmTrust Bank Cumberland County Plaintiff Court of Common Pleas Glenn L Kumler, 11 Defendant Number 09-6566 C1V I1.. TERM ORDER AND NOW, this.?o4d'hy of 1ALAY , 2001), the Plaintiff is granted leave to serve the Notice of Sheriffs Sale of Real Property and all other subsequent pleadings upon the Defendant, Glenn I. Kumler, II, by regular mail and by certified mail, return receipt requested, to his/her last known address of 5 Coover Court, Dillsburg, Pennsylvania 17019 and upon the Defendant, Glenn I Kumler, 11, by regular mail and by certified mail, return receipt requested, to his/her last known address of 614 Windy Hill Road, Sherman's Dale, Pennsylvania 17090 and by posting the Notice of Sheriffs Sale of Real Property at the mortgaged premises of 212 West Dauphin Street, Enola, Pennsylvania 17025. BY THE COURT: LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the south side of Dauphin Street one hundred fifty-six feet and one hundred sixty thousandths of a foot measured westwardly along said line of Dauphin Street from the northwesterly extremity of the arc or curve, having a radius of ten feet connecting the said line of Dauphin Street with the North westwardly line of Summit Road; thence by other lot or lands now or formerly of N.S. Kapp, South ten degrees twenty minutes East seventy-six feet and one hundred and twenty-eight thousandths of a foot to a point at lands now or formerly of H.M. Bloser; thence by lands now or formerly of H.M. Bloser and lands now or formerly of W.H. Arnold, South fifty degrees eighteen minutes two seconds and seventy hundredths of a second; West thirty-six feet and seven hundred eighteen thousandths of a foot to a point; thence by lands now or formerly of Newton L. Kapp, et ux., North ten degrees twenty minutes ninety-four feet and one hundred thirty-four thousandths of a foot to Dauphin Street; thence by Dauphin Street North seventy-nine degrees forty minutes East thirty-two feet to Place of BEGINNING. PARCEL NO. 09-14-0832-196 BEING the same premises which Deborah E. McNemar and Richard Pike, her husband, by Deed dated 10-17-07 and recorded 10-22-07 in the Office of the Recorder of Deeds in and for the County of Cumberland as Instrument No. 200740158, granted and conveyed unto Glenn I. Kumler, ll. Being Known As: 212 West Dauphin Street, Enola, Pennsylvania 17025. McCABE, WEISBERG & CONWAY, P.C. 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 ArnTrust Bank Plaintiff V. Glenn I. Kumler, II Defendant Attorney for Plaintiff ? c? ? -r rr7 CC CUMBERLAND COUNTY COURT OF COMMON PLEAS r ;c ?- `" Number 09-6566 CIVIL TERM c -- f cd? -< w AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 29th day of March, 2011, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBS B BEF E TFX? OjDAY OF ,2.01 I NOTARY PUBLIC %OMMONWEALTH DF FENN- YLV N NOTARIAL BEAL Barbara J. Moyer- Notary Public c4 of Philadelphia, k" MWISSION WIRES JAN 1 201A McCABE, WEISBERG & CONWAY, P.C. Attorneys for Pl By: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 McCABE, WEISBERG & CONWAY, P.C. 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 AmTrust Bank Plaintiff V. Glenn I. Kumler, II Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 09-6566 CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 212 West Dauphin Street, Enola, Pennsylvania 17025, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Glenn I. Kumler, II 5 Coover Court, Dillsburg, PA 17019 and 212 W. Dauphin Street Enola, PA 17025 2. Name and address of Defendant in the judgment: Name Address Glenn I. Kumler, II 5 Coover Court, Dillsburg, PA 17019 and 212 W. Dauphin Street Enola, Pennsylvania 17025 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. Name and address of the last recorded holder of every mortgage of record: Y Name Plaintiff herein Address 5. 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 Township of East Pennsboro Address 118 Chester Rd Enola, Pennsylvania 17025 Township of East Pennsboro Township of East Pennsboro Township of East Pennsboro 21 Dulles Dr E Camp Hill, Pennsylvania 17011 226 N Enola Dr. Enola, Pennsylvania 17025 230 N Enola Dr. Enola, Pennsylvania 17025 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 Address 212 West Dauphin Street Enola, Pennsylvania 17025 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriff's Sales 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 William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 United States of America c/o U.S. Dept of Justice, Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington, DC 20530-0001 United States of America c/o Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW U.S. Dept. of Justice Washington, DC 20530-0001 8. Name and address of Attorney of record: Name Address None I 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. McCABE, WEISBERG & CONWAY, P.C. March 29, 2011 Attorneys for Plaintiff DATE ? By: ?? TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 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 AmTrust Bank Plaintiff V. Glenn I. Kumler, II Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-6566 CIVIL TERM DATE: March 29, 2011 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Glenn I. Kumler, II PROPERTY: 212 West Dauphin Street, Enola, Pennsylvania 17025 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on June 1, 2011 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. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. ? r A ° x t7 I~ b _ ~" m z O. M ? ?"O?,bHC7 m A b? O = A • xt7?rd COA m R p•C e ' S "CJV]??..CI n ;TC O.fO y?';'tiWCn h.jm C A O " Ci7NH 7 bj N CrJNH O WO O Cr1NH NO a nNH m ?..0 CrJ'-'H O F'O .t fl !o t ^r? 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A ? eas 7 Z A H ° f% m ;z a? b? o O R? ?n A H to ?o m 00 S ao cC 0 goo ? ? ? ym - OC m b?> tv w ::? G Z ? _ ? G • eD .7 fl R • eD C) L7 fl 0?' ui fn a G "!?G • •? p O, G 7 .?S ?!D V1 y tz rD a ,, a o e p„ •p Q'N? Z v; m R 7 V]C n eD ON C P°5 ° <_ 7 ` ° C_O ??i! `a ? , 0Q G f?Q CC?yG ' Z > W? ae O M D . O?Q ?? e ?D G .. C/) A o N•''? pon q'ry < d W° O a G .,, ""'y < d g 0 0 D y r? ., V1?Vi ro e+ eD 0 Y '+ a •'S ?y ?C y Gt r+ r+ '» o ?, o J n m '. o .t C < A f° o y b o ti C o , ?e'Ci.a eRD mom' ~3 m s `sy N O ep w o m ?+?Y ? m^*..?Y ?+? Y Up A -,y > ,.. G w y ? e ee 9 o?e tt 0>f eD 3 W? ?r""At =9 O? ?eD ? a?r1?1 WO tD >O tD a `< o a v? nAryry m ?.^r?++ ep Ntvn? ?, d'"' N n O O O G A oeCD ° A m O a O O M CA O AD G. ?+Nr O A Y~ A m O` C A n ?' 00 eD p a 00 CD t eD O Q a? C O aL' Z NOa 0 < ? << GO W-"'1 W G A?O ? ?C' ? thw0 ?z" sx C W ? •, a O? y .t eoaw O ? O ? A fQ O 5 p Vi y eD ? y 00 i. G F+ eD N b G C? y e•r O ?"9 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 AmTrust Bank CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEA S V. Z j-W NO: 09-6566 CIVIL TERM cZnr " N rn Glenn I. Kumler, II ON o Defendant ? c? -n x zd Z C-) PRAECIPE TO MARK JUDGMENT/ WRIT OF EXECUTION c: TO PLAINTIFF'S USE a? TO THE PROTHONOTARY: Kindly mark the Judgment and Writ of Execution entered in the above-captioned matter to the use of Plaintiff, Saxon Mortgage Corporation, Inc., whose address is 3701 Regent Blvd., Irving, TX 75063. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff toll y1"*e-dd 4#? '- Xv SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Andersen '7 Sheriff = ILED J'F i IL lei Jody S Smith Chief Deputy f j, PH 4,: --? 1 Richard r Solicitor W Stewa rt -J T FR 11 A '0 C f 'rd Y EM S LYA AmTrust Bank vs. Case Number Glenn I. Kumler, II 2009-6566 SHERIFF'S RETURN OF SERVICE 03/18/2011 07:13 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 212 West Dauphin Street, Enola, PA 17025, Cumberland County. 03/30/2011 Robert Bitner, Deputy Sheriff, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit:Glenn I. Kumler, II, pursuant to Order of Court by "Posting" the premises located at 212 West Dauphin Street, Enola, Cumberland County with a true and correct copy according to law. 06/01/2011 Ronny R. Anderson, Sheriff, 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 Cumberland County, Courthouse, Carlisle, PA on June 1, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Federal National Mortgage Association, 1900 Market Street, # 800, Philadelphia, PA 19103, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $872.94 SO ANSWERS, July 07, 2011 RON R ANDERSON, SHERIFF 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 CAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 AmTrust Bank Plaintiff V. Glenn I. Kumler, II Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 09-6566 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 212 West Dauphin Street, Enola, Pennsylvania 17025, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Glenn I. Kumler, II 5 Coover Court Dillsburg, PA 17019 and 614 Windy Hill Road Sherman's Dale, PA 17090 and 212 West Dauphin Street Enola, PA 17025 2. Name and address of Defendant in the judgment: Name Glenn I. Kumler, II Address 5 Coover Court Dillsburg, PA 17019 and 614 Windy Hill Road Sherman's Dale, PA 17090 and 212 West Dauphin Street Enola, PA 17025 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. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record lien on the property: Name Address NONE 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Township of East Pennsboro Address 118 Chester Rd Enola, Pennsylvania 17025 Township of East Pennsboro Township of East Pennsboro 21 Dulles Dr E Camp Hill, Pennsylvania 17011 226 N Enola Dr. Enola, Pennsylvania 17025 Township of East Pennsboro 230 N Enola Dr. Enola, Pennsylvania 17025 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 212 West Dauphin Street Enola, Pennsylvania 17025 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriff's Sales 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 William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 United States of America c/o U.S. Dept of Justice, Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington, DC 20530-0001 United States of America c/o U.S. Dept of Justice, Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Name and address of Attorney of record: Name Address NONE 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 authoritig" February 28, 2011 TERRENCE J. McCABE, ESQUIRE DATE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the south side of Dauphin Street one hundred fifty-six feet and one hundred sixty thousandths of a foot measured westwardly along said line of Dauphin Street from the northwesterly extremity of the arc or curve, having a radius of ten feet connecting the said line of Dauphin Street with the North westwardly line of Summit Road; thence by other lot or lands now or formerly of N.S. Kapp, South ten degrees twenty minutes East seventy-six feet and one hundred and twenty-eight thousandths of a foot to a point at lands now or formerly of H.M. Bloser; thence by lands now or formerly of H.M. Bloser and lands now or formerly of W.H. Arnold, South fifty degrees eighteen minutes two seconds and seventy hundredths of a second; West thirty-six feet and seven hundred eighteen thousandths of a foot to a point; thence by lands now or formerly of Newton L. Kapp, et ux., North ten degrees twenty minutes ninety-four feet and one hundred thirty-four thousandths of a foot to Dauphin Street; thence by Dauphin Street North seventy-nine degrees forty minutes East thirty-two feet to Place of BEGINNING. PARCEL NO. 09-14-0832-196 BEING the same premises which Deborah E. McNemar and Richard Pike, her husband, by Deed dated 10-17-07 and recorded 10-22-07 in the Office of the Recorder of Deeds in and for the County of Cumberland as Instrument No. 200740158, granted and conveyed unto Glenn I. Kumler, II. Being Known As: 212 West Dauphin Street, Enola, Pennsylvania 17025. 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 AmTrust Bank V. Glenn I. Kumler, II COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-6566 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Glenn L Kumler, 11 5 Coover Court Dillsburg, PA 17019 and 614 Windy Hill Road Sherman's Dale, PA 17090 and 212 West Dauphin Street Enola, PA 17025 Your house (real estate) at 212 West Dauphin Street, Enola, Pennsylvania 17025 is scheduled to be sold at Sheriffs Sale on June 1, 2011 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 $88,248.51 obtained by AmTrust Bank 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 AmTrust Bank the back payments, late charges, costs, and reasonable attorney's fees due. To fmd 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. 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 1, 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 McCA,11W, WEISBERG AND CONWAY, P.C. BY: TERRENCE J, MCCABE, ESQUIRE - ID # 16496 MARC S. WEI:SBERG, ESQUIRE - ID fl 17616 EDWARD D. CONWAY, ESQUIRE - 1D # 34687 MARGARET GA IRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 I'll iladell) Ilia, Pell risytvania 19109 (215) 790-1010 JUL L., - 41 1 V Attorneys for Plaintiff A1111'1-ust Hank Cumberland County Plaintiff Cowl of Common Pleas Glenn I. Kumler, 11 Defendant Number 09-6566 CIVIL, TERM OR1)ER AND NOW, this -264d'?? of J&L-L 236, the Plaintiff is granted leave to serve the Notice of Sheriffs Sale of Real Property and all other subsequent pleadings upon the Defendant, Glenn I. Kumler, 11, by regular mail and by certified mail, return receipt requested, to his/her last known address of S Coover Court, Dillsburg, Pennsylvania 17019 and upon the Defendant, Glenn I Kumler, II, by regular mail and by certified mail, return receipt requested, to his/her last known address of 614 Windy Hill Road, Sherman`s Dale, Pennsylvania 17090 and by posting the Notice of Sheriff's Sale of Real Properly at the mortgaged premises of 212 West Dauphin Street, Enola, Pennsylvania 17025. BY THE COUR'T': ?U- -:7/- /V7 L -A/- LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the south side of Dauphin Street one hundred fifty-six feet and one hundred sixty thousandths of a foot measured westwardly along said line of Dauphin Street from the northwesterly extremity of the arc or curve, having a radius of ten feet connecting the said line of Dauphin Street with the North westwardly line of Summit Road; thence by other lot or lands now or formerly of N.S. Kapp, South ten degrees twenty minutes East seventy-six feet and one hundred and twenty-eight thousandths of a foot to a point at lands now or formerly of H.M. Bloser; thence by lands now or formerly of H.M. Bloser and lands now or formerly of W.H. Arnold, South fifty degrees eighteen minutes two seconds and seventy hundredths of a second; West thirty-six feet and seven hundred eighteen thousandths of a foot to a point; thence by lands now or formerly of Newton L. Kapp, et ux., North ten degrees twenty minutes ninety-four feet and one hundred thirty-four thousandths of a foot to Dauphin Street; thence by Dauphin Street North seventy-nine degrees forty minutes East thirty-two feet to Place of BEGINNING. PARCEL NO. 09-14-0832-196 BEING the same premises which Deborah E. McNemar and Richard Pike, her husband, by Deed dated 10-17-07 and recorded 10-22-07 in the Office of the Recorder of Deeds in and for the County of Cumberland as Instrument No. 200740158, granted and conveyed unto Glenn I. Kumler, II. Being Known As: 212 West Dauphin Street, Enola, Pennsylvania 17025. WRIT OF EXECUTION and/or ATTACHMENT CCQMMONWEALTH OF PENNSYLVANIA) N009-6566 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AM TRUST BANK Plaintiff (s) From GLENN I. KUMLER, II ( l) 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 588,248.51 L. L. Interest from 02/24/10 - - $6,703.62 at $14.51 Arty's Comm ;% Due Prothy S2.00 Atty Paid 51,099.18 Other Costs Plaintiff Paid Date: 311/11 David D. B ell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: TERRENCE MCCABE, ESQUIRE .Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 TRUE COPY FROM RECORD In Testimony wi ereof, I he, e unto set my hand and the e--ai of said 1'44 , urt 8, unrisre; Fa. This day of20 t Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 Prothonotary op 7- On March _?. 201 1 the Sheri l' levied upon the defendants interest in the real property situated in East hennsboro "township, Cumberland County, PA, Known and numbered as, 212 West Dauphin Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3. 201 1 By, keal Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2009-6566 Civil AmTrust Bank VS. Glenn I. Kumler, II Atty.: Margaret Gairo ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the south side of Dauphin Street one hundred fifty-six feet and one hun- dred sixtythousandths of a foot measured westwardly along said line of Dauphin Street from the north- westerly extremity of the are or curve, having a radius of ten feet connecting the said line of Dauphin Street with the North westwardly line of Summit Road; thence by other lot or lands now or formerly of N.S. Kapp, South ten degrees twenty minutes East seventy-six feet and one hundred and twenty-eight thousandths of a foot to a point at lands now or formerly of H.M. Bloser; thence by lands now or formerly of H.M. Bloser and lands now or formerly of W.H. Arnold, South fifty degrees eighteen minutes two seconds and seventy hundredths of a second; West thirty-six feet and seven hundred eighteen thousandths of a foot to a point; thence by lands now or formerly of Newton L. Kapp, et ux., North ten degrees twenty minutes ninety-four feet and one hundred thirty-four thousandths of a foot to Dauphin Street; thence by Dauphin Street North seventy-nine degrees forty minutes East thirty-two feet to Place of BEGINNING. PARCEL NO. 09-14-0832-196. BEING the same premises which Deborah E. Mcnemar and Richard Pike, Her Husband, by deed dated October 17, 2007 and recorded Oc- tober 22, 2007 in the office of the Recorder in and for Cumberland County in Instrument # 200740158, granted and conveyed to Glenn I. Kumler, II in fee. 46 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: April 22, April 29, and May 6, 2011 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. Lisa Marie Curti, Editor SWORN TO AND SUBSCRIBED before me this 6 da of Ma 2011 d. (?X - Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. Aftr• - 2020 Technology Pkwy Suite 3U0 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot-Nets 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 Holly Blain, 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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: 04/22/11 04/29/11 Sworn to and subscribed before e tP4 23 day of May, 2011 A. D. ?• r Notary Public AL TM o roM f PO? lVAlyL4 Sherrie LN ftnW sWw P:eer n Tom' Nblic WP., Daunty Member, Penn ? , 201 1 Sylvaniaclation n of Notaries 05/06/11 20094506 c:NV Tom Arnthuat Soft VS Glean 1. Kumler,11 Aft. Margaret Galro ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the lbwnship of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows. BEGINNING at a point on the south side ° of Dauphin Street one hundred 0. aix feet and one hundred sixtythousandths of a foot measured westwardly along said line of Dauphin Street from t,c northwesterly extremity of the arc or curve, having a radius of ten feet connecting the said line of Dauphin Street with the North westwardly line of Summit Road; thence by other lot or lands now or formerly of N.S. Kapp, South ten degrees twenty minutes East seventy-six feet and one hundred and twenty-eight thousandths of a foot to a point at lands now or formerly of H.M. Bloser; thence by lands now or formerly of H.M. Bloser and lands now or formerly of W.H. Arnold, South fifty degrees eighteen minutes two seconds and seventy hundredths of a second; West thirty-six feet and seven hundred eighteen thousandths of a foot to a point; thence by lands now or formerly of Newton L. Kapp, et ux., North ten degrees twenty minutes ninety-four feet and one hundred thirty-four thousandths of a foot to Dauphin Street; thence by Dauphin Street North seventy-nine degrees forty minutes East thirty-two feet to Place of BEGINNING. PARCEL NO. 09- 14-0832-196 BEING the same premises which Deborah E. Mcnemar and Richard Pike, Her Husband, by deed dated October 17, 2007 and recorded October 22, 2007 in the office of the Recorder in and for Cumberland County in Instrument # 200740158, granted and conveyed to Glenn 1. Kumler,11 in fee. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I 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 Federal Naitonal Mortgage Association is the grantee the same having been sold to said grantee on the 1 day of June A.D., 202011, under and by virtue of a writ Execution issued on the 1 day of March, A.D., 202011, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 6566, at the suit of AM Trust Bank against Glenn I. Kumler II is duly recorded as Instrument Number 201119114. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _ day of A.D.i / of Deeds .ekrder of D umtierland County, Carlisle, PA Jy Comm ssi Expires the First Monday of Jan. 2014