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HomeMy WebLinkAbout09-8607y FOX AND FOX BY: CRAIG H. FOX Identification No. 49509 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 AMERICAN GENERAL FINANCIAL SERVICES, INC. 6 S. Hanover Street Carlisle, PA 17013 v. VICKI A. NICKEY and BRANDI L. NICKEY, aka BRANDI NICKEY 1489 Creek Road Carlisle, PA 17015 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No.cp -aq NOTICE TO DEFEND 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 an 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 for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE; PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 1 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm may be deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. FOX AND FOX /s/ Craig H. Fox, Esquire 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 G:\AMER-GEN\LARGE\9400.45 M.CMP.DOC FOX AND FOX By: Craig H. Fox, Esquire Attorney I.D. #49509 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 AMERICAN GENERAL FINANCIAL COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY, PA 6 S. Hanover Street Carlisle, PA 17013 No. 09- v. VICKI A. NICKEY and BRANDI L. NICKEY, aka BRANDI NICKEY 1489 Creek Road Carlisle, PA 17015 CIVIL ACTION COMPLAINT - MORTGAGE FORECLOSURE Plaintiff, AMERICAN GENERAL FINANCIAL SERVICES, INC., by its attorneys and complains against the defendants, VICKI A. NICKEY and BRANDI L. NICKEY, aka BRANDI NICKEY, upon the following causes of action: 1. Plaintiff, American General Financial Services, Inc., ("AGF") is an institution doing business in the Commonwealth of Pennsylvania with a place of business located at 6 S. Hanover Street, Carlisle, PA 17013. 2. Defendants, VICKI A. NICKEY and BRANDI L. NICKEY, aka BRANDI NICKEY, are adult individuals who reside at the address above in the caption of this pleading and is the real owners and/or mortgagors and/or both of the mortgaged property hereinafter described. If any Defendant above-named is deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through his/her estate. 3. On October 8, 2007, Defendants executed and delivered a mortgage upon the premises hereinafter described to American General Financial Services, Inc. ("AGF") which mortgage was recorded in the office of the Recorder of Deeds of Cumberland County at Instrument 4200739219 on October 11, 2007. The Mortgage was security for a loan from AGF to Defendants, which loan was evidenced by a Promissory Note of the same date. True and correct copies of the Note and Mortgage are attached hereto collectively and incorporated herein as Exhibit "A". 4. The land subject to the mortgage is all that certain tract or parcel of land situated in the County of Cumberland, Commonwealth of Pennsylvania, more particularly described in the attached Mortgage Agreement and in the Deed recorded in the Cumberland County Office for the Recording of Deeds in Book Vol. 263 at page 3004, and otherwise known as 1489 Creek Road, Cumberland County, Carlisle, PA 17015. A copy of the Deed and\or legal description is attached hereto as Exhibit "B" and incorporated herein by reference. The Mortgage and/or Assignment(s) of mortgage and/or Deed are a matter of public record and are incorporated herein as provided by Pa. R.C.P. 1019(g). 5. The mortgage is in default because the defendants have failed and refused to make the mortgage payments. 6. Notices of default, intent to foreclose and of possible eligibility for the Emergency Mortgage Assistance Program were sent to the defendants at their addresses on August 5, 2009. Plaintiff has not been notified of any action by the Pennsylvania Housing Finance Agency which would bar it from proceeding with this foreclosure. True and correct copies of the Notices are attached hereto, incorporated herein and designated as Exhibit "C". 7. Defendants have failed to cure the default as requested. Accordingly, and pursuant to the provisions of the Mortgage Agreement, plaintiff declares all sums secured by the mortgage immediately due and payable and requests judgment in the amount of the accelerated balance, together with the expenses of foreclosure, including, but not limited to, reasonable attorneys' fees, costs and interest, in the following amounts: Outstanding Principal: $37,205.93 Accrued but unpaid interest as of December 3, 2009 $ 3,422.83 Late charges $ 303.45 Other costs Anticipated Title search: $ 500.00 Prothonotary fee: $ 78.50 Sheriff costs: $ 100.00 Anticipated Sheriff Sale filing fee: $ 1,500.00 Reasonable Attorney's Fees $ 5,000.00 TOTAL $48,110.71 8. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to this sale, reasonable attorney's fees will be charged based on work actually performed. 9. Interest from December 4, 2009 through date of full repayment of the debt accrues at the contract rate. Late charges also accrue as set forth in the Loan Documents. WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure in the sum of $48,110.71 together with additional attorney's fees, if any, hereinafter incurred in excess of that claimed above, costs, interest and late charges at the contract rate and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage, and for the foreclosure and sale of the mortgaged Property. 2009-08-05 10:32 1498 Carlisle Prepared By, Return To, 717-243-5546 >> 610 275 2866 P 2/9 - (Space gbove This Line For Recording Data OPEN-END MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES To Borrowers whose Revolving Line; of Credit Agreement and Disclosure Statement provides for a Line of Credit not exceeding $50,000,': and a Variable Rate feature: Notice to Borrower: This document contains provisions for a veriable interest rate. THIS OPEN-END MORTGAGE ("Security Instrument's is given on 10/08/07 , The Mortgagor is VICKI A NICKEY.BBANDI NICKEY y4/,a.,?%? ?Lr?'i laijiviuma t-Liorrower•). \"W?a nm881 stale ) This Security Instrument is given to and whose address is is organized and existing under the laws of Pennsylvania, ("Mortgagee"). Borrower may incur indelitedness to Mortgagee in amounts fluctuating from time to time up to the appraised value of the real estate secured under this Security Instrument, but not exceeding the Line of Credit set by Mortgagee (initially $ 390nn _ nn ), which amount constitutes the maximum principal amount that may be secured at any one time under this Security instrument. This debt is evidenced by Borrower's Home Equity Line of Credit Agreement and Disclosure Statement dated the same date as this Security Instrument ("Note"), whict, provides for monthly payments, with the full debt, if not paid earlier, due and payable a¢ provided in the Note. This Security Instrument secures to Mortgagee: (a) the repayment of the y ebt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the pap!ment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note; and (d) the unpaid balances of loan advances made after this Security Instrument is delivered to the recorder for record. For this purpose, Borrower does hereby mortgage, grant and convey to Mortgagee the following described property located in CMERLAND County, Pennsylvania: SEE EXHIBIT "A" Prior Instrument Reference: Mortgage Book No. 263 Page 3nn4 ; TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter 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." PAX291 (07-1547) HELOC Real EWalo Mortgage EXHBBIT "A" Page 1 of 6 20119-08-05 10:32 AGFS 1498 Carlisle 717-243-5546 >> 610 275 2866 P 3/9 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey Jhe Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covdnants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. COVENANTS. Bomower and Mortgagee covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and intere$t on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insuranc¢. At the request of Mortgagee, Borrower shall begin making monthly payments into an escrow account for the payment of yearly taxes, insurance and other yearly charges imposed upon the Property. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Mortgagee under paragraphs 1 and 2 shall be applied as provided in the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner prescribed by Mortgagee and on time directly to thb person owed payment. Borrower shall promptly furnish to Mortgagee all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish t:b Mortgagee receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the ;payment of the obligation secured by the lien in a manner acceptable to Mortgagee; (b) contests ir1 good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Mortgagee's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Mortgagee subordinating 'the lien to this Security Instrument. If Mortgagee determines that any part of the Property is subject tb a lien which may attain priority over this Security Instrument, Mortgagee may give Borrower a notice identifying the lien. Borrower shalt satisfy the lien or take one or more of the actions set forth above withirl 10 days of the giving of notice. 6. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,; hazards included within the term "extended coverage" and any other hazards for which Mortgagee requires insurance. This insurance shall be maintained in the amounts and for the periods that Mortgagee requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Mortgagee's approval which shall not be unreasonably withheld. All insurance policies and renewals Shall be acceptable to Mortgagee and shall include a standard mortgage clause. Mortgagee shall havb the right to hold the policies and renewals. If Mortgagee requires, Borrower shall promptly give to Mortgagee all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall Dive prompt notice to the insurance carrier and Mortgagee. Mortgagee may make proof of loss if not (made promptly by Borrower. Unless Mortgagee and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Mortgagee's security is not lessened. If the restoration or repair is not economically feasible or Mortgagee's security would be lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or n©t then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Mortgagee that the insurance carrier has offered to settle a claim, then Mortgagee may collect the insurance proceeds. Mortgagee may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless the Note provides otherwise; any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 18 the Property is acquired by Mortgagee, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Mortgagee to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. PAW292 (07.15.07) HELOC meal Esiale mwWege Page 2 of 6 2009,08-05 10:32 AGFS 1498 Carlisle. 717-243-5546 >> 610 275 2866 P 4/9 6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Mortgagee agrees to the merger in writing. 7. Protection of Mortgagee's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the covenants and agreemeMs contained in this Security Instrument, or there is a legal proceeding that may significantly affect: Mortgagee's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Mortgagee may do and pay for whatever Is necessary to protect the value of the Property and Mortgagee's rights in the Property. Mortgagee's actions may include paying zany sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attomeys' fees actually incurred if and as permitted by applicable law, and entering on the Property to make repairs. Although Mortgagee may take action under this paragraph 7, Mortgagee does not have to do so. Any amounts disbursed by Mortgagee under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Mortgagee agree to other terms of payment , these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Mortgagee to Borrower requesting payment. If Mortgagee required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the insurance terminates in accordance with Borrower's and Mortgagee's written agreement or applicable law. 8. Inspection. Mortgagee or its agOnt may make reasonable entries upon and inspections of the Property. Mortgagee shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned a0d shall be paid to Mortgagee. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not 'then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Mortgagee otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fractions: (a) the total amount bf the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Mortgagee to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Mortgagee within 30 days after the date the notice is given, Mortgagee is authorized to collect and apply the proceeds, at its option, either to restbration or repair of the Property or to the sums secured by this Security Instrument whether or not then due. Unless the Note provides otherwise, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Mortgagee Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Mortgagee to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors id interest. Mortgagee shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Mortgagee in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. PAXM (07.1"7) HELOC Reed Estate "W Page 3 of 6 2009-08-05 10:32 AGFS 1498 Carlisle 717-243-5546 >> 610 275 2866 P 5/9 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Mortgagee and Borrower, subject to the provisions of paragraph 16. Borrower's covenants and agreements shall be joint and several. pny Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrowers interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by tljis Security Instrument; and (c) agrees that Mortgagee and any other Borrower may agree to extend, mhdify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secrred by this Security Instrument 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 embunt 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. Mortgagee may choose to mike this refund by reducing the principal owed under the Note or by making a direct payment to Borrower.: 13. Notices. Any notice to Borrowier provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Mortgagee. Any notice to Mortgagee shall be given by first class mail to Mortgagee's address staled herein or any other address Mortgagee designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Mortgagee when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law or the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument Or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred' (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without; Mortgagee's prior written consent, Mortgagee may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised if the exercise ofthis option by Mortgagee is prohibited by federal law as of the date of this Security Instrument. If Mortgagee exercises this option, Mortgagee shall give Borrower notice of acceleration. The notice shall provide a period if not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Mortgagee may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 17. Borrower's Right to Reinstate.: To the extent required by applicable law, Borrower may have the right to have enforcement of this Security Instrument discontinued. Upon reinstatement by Borrower, this Security Instrument and the obligations secured thereby shall remain fully effective as if no acceleration had occurred. PAXM (07.15-07) MEIOC Reel Estate Mwtgage Page 4 of 6 2009-08-05 10:32 AGFS 1498 Carlisle 717-243-5546 >> 610 275 2866 P 6/9 18. Acceleration; Remedies. Except as provided in paragraph 16, if Borrower is in default due to the occurrence of any of the event8 of default provided in the "DEFAULT; TERMINATION AND ACCELERATION BY MORTGAGEE" provision of the Note, Mortgagee shall give Borrower notice specifying: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is giver) to Borrower, by which the default must be cured; and (d) that failure to cure the default on yr before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. N the default Is not cured on or before the date specked in the notice, Mortgagee at Its option may requiri immediate payment in full of all sums secured by this Security instrument without further 11demand and may foreclose this Security Instrument by judicial proceeding. Mortgagee shall 6e entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph I, including, but not limited to, reasonable attorneys' fees actually incurred if and as permitted by! applicable law and costs of title evidence. 19. Mortgagee in Possession; Assignment of Rents. Upon acceleration under paragraph 18 or abandonment of the Property, Mortgagie (by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by 4ortgagee or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receivers fees, premiums on receivers bonds and reasoinable attorneys' fees if and as permitted by applicable law, and then to the sums secured by this Secur y Instrument. Nothing herein contained shall be construed as constituting Mortgagee a "mortgagee in possession," unless Mortgagee shall have entered into and shall remain in actual possession of the Propefty. 20. Release. Upon payment of all sums secured by this Security Instrument, Mortgagee shall discharge this Security Instrument. Borrower shall pay any recordation costs. 21. Advances to Protect Security.: This Security Instrument shall secure the unpaid balance of advances made by Mortgagee, with respect to the Property, for the payment of taxes, assessments, insurance premiums and costs incurred fOr the protection of the Property. 22. Interest Rate After Judgment. Oorrower 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument. Hesse BRENDA K BISHOP COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUM11ER[.AND ss: On this 8th day of nrtoe r 2nn7 , before me, IS?I4BERLY S WHITE undersigned officer, personally appeared uvf v • known to me (or satisfactorily proven) td be the PERSONS whose NAMES RRE subscribed to the within instrument and acknowledged that THEY: executed the same for the purposes therein contained. WITNESS my hand and official seal, (SEAL) My Commission expires: PAX295 (07-15-07) HELOC Real Ear M aT? ' 1 day and year aforesaid. otary u lic s Ivania Page 5 of 6 COMMONWEALTH OF PENNSYLVANIA ?'?' s, rambedy S. Wt*, Notary rP?u,b,,li?c,,' 2009-08-05 10:32 AGFS 1498 Carlisle 717-243-5546 >> 610 275 2866 p 7/9 CERTIFICATE OF RESIDENCE of AMERICAN GENFRAS, FINANCI L SERVI CS INC. Mortgagee named in the foregoing mortgage, hereby certify that the correct residence address of said Mortgagee is 6 S HANOVRR ST rARLT-Rl.V Pn 17nla-n L17 Witness my hand, this Rthday of nrr_ h, QQ7 A ' nt o Mortgagee PAM N (07-1&07) HELOC Reel Estate Mortpepe Page 6 of 6 2009-08-05 1'10:32 AGFS 1498 Carlisle 717-243-5546 >> 610 275 2866 ROBERT P. ZIEGLEIt RECORDER OF DEERS CUMBERLAND COUNTY 1COURTHOUSESQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200739219 Recorded On 10/11/2007 At 3:51:52 PM * Instrument Type - MORTGAGE Invoice Number - 6551 User ID - KW * Mortgagor - NICKEY, VICKI A * Mortgagee - AMERICAN GENERAL FIN SER INC * Customer - AMERICAN GENFRAL * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $17.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $44.50 *Total Pagcs - 8 Certification Page DO NOT DETACH This page is now part of this legal document. T Certify this to be recorded in Cumberland County PA RECORDER O D 21VPD,13 * - Information denoted by an asterisk may chanxe during the verification process and may not be reflected on this page. NIIIVh?d P 9/9 2009-08-04 12:16 AGFS 1498 Cartiste 717-243-5546 >> 610 275 2866 Secondary Morlaaae Loan I A a 4v im it- A AT is agreement is subject to the provisions of the Secondary Mortgage Loan Act GENERAL I AMERICAN OEN6R 1- HOME EQUITY LINE OF CREDIT AGREEMENT FINANCIAL SERVIC ACCOUNT NUMBER 1346541 OATS 10/08/07 CREDIT UMrT $ 39000.00 TYPE OF LOAN (Alpha) X00 LENDERISECUREO PARTY NAME AND ADDRESS ("Under") LENDER'S TELEPHONE NUMBER: 717-243-605 A6EAICAN GENERAL FINANCTAL SERVICES, INC. b S HANOVER ST CARLISLE, PA 17013-0417 ,,11p I BORROWER(S) NAME AN ADDRESS ("I",'9Ne") VICKI A NICKEY r BRANDI L NICKI=Y 1489 CREEK RD CARLISLE, PA 17015 - PROPER TY THA SECURES THIS LINE OF CRE DIT a Conventional Home ankl Real Estate ? Man4factumd Home and Real Estate [] Other Real Estate PROPERTY ADDRESS PROPER•FY ADDRESS PROPERTY ADDRESS 1489 CREEK RD CARLISLE, PA 17015 1. Meaning of Some Wdrds, In this Agreement j the words "Borrower," "1,' "me," "my." "we," and "our mean all pers signing this Agreement asa "Borrower" or "Co-Borrower," The words "Lender," "you," and "your" mean _ has opened a Line of Credit for me (my "Account"). This Amerh vent") states the terms and conditions of my Account. I have read t callable to me under this Agreement is called my Credit Limit. My r' Limit is stated above. Th4,-. total amount I owe Lender at any time under this Agreement and my Security Instrument (deflnec Section 5 below) is called ()ry Total Balance. The tOlal amount available for me to borrow from my Account at any time is cal my Available Credit. My Available Credit equals r* Credit Limit, less my outstanding Principal Balance. My Principal Bala( is the amount I owe Lendea for each Draw (defined in Section 7 below) on my Account, as well as any fees and charges that added to my Principal Balance and any credit lnsuf' nce premiums. 4. Promise to Pay. I promise to pay to the odder of Lender my Total Balance. If more than one Borrower signs t Agreement, all of us are bound by this Agreement;' and each of us, together and individually, will keep all of the promises make in this Agreement, including our Promise to IPay. If someone other than a Borrower uses my Account, 1 promise to F amounts owed to Lender because of Draws by that person, even if that person did not have my permission and even if I I, Lender that the person we' $: my Account, to tNe extent permitted by applicable law. 5. Security Interest. At the time I sign this Agreed ent, I also will give Lender a mortgage, deed of trust, and/or other secui instrument (the "Security instrument'). The Security Instrument gives Lender a security interest In the property (the "Secur Interest") described at the' beginning of this Agreement (the "Property'). Lender's Security Interest will be limited to my Cre Limit plus any unpaid finance charges. The Pro perly will be used as the principal residence of at least one Borrower, unit Lender otherwise agrees. 'I agree not to allow any ether lien to be filed against the Property that will be superior to or advers4 affect Lender's Security Interest. The Security Instrument Y011 not secure other debts I owe Lender, unless it specifically states that it secures those debts. TI Agreement and my Account will not be secured by,, mortgage, deed of trust, or other security instrument on anyone's princil residence, unless the mortgage, deed of trust, or other security agreement specifically slates that 4 secures this Agreement. S. Using My Account. Right to Cancel. If th, Property is the principal residence of any Borrower, I may be entitled to cancel all or a part of ti Agreement under the truth in Lending Act and Regulation Z or other applicable law. If Lender gives me a Right to Cance may not use my Acccolunt until the Right to Cancel expires. I may also be entitled to rescind a Security Interest added increased in the event that the Credit Limit on My Account is increased. The Term of This Agoement. The term of this Agreement is divided into two periods: the 5 year "Draw Period" and It "Repayment Period." 'fhe Repayment Period 411 vary depending on the payment option I choose. Draw Period. An advance of funds from my Account is called a Draw. This Agreement and the Draw Period begin 10/09/07, The Draw Period will continue for .?L years and will end on in/n7/12 (the "Last Draw Date'). Repayment Period.: After the Draw Period ands, the Repayment Period begins ("Repayment Period'). During tl Repayment Period, I may not take any Draws, ;and I must repay the Total Balance in accordance with the payment option choose. Credit Limit. I may rjlake Draws on my Account up to my Credh Limit; however, I may not take a Draw greater than n Available Credit. If I ao request a Draw greater than my Available Credit in violation of Ibis Agreement, Lender may but not obligated to honor:, that Draw request, and tender is not obligated to honor future Draw requests in excess of my Cre4 Until. T_ Draws. There are two kinds of Draws: the "First Draw" and "Subsequent Draws." successors, and assigns. 2. Home Equity Line r General Home Equity Lii Agreement carefully and 3. Credit Limit. The m Credit Agreement. Li of Credit Agreement ("i 11 keep a copy for my re imum amount of credit First Draw. I must, take a t-irst uraw in ine minimum arnuum vi 4 itinu_iju V11 .," j,... First Draw will be paid to me by check. In addition to my First Draw, any Fees due under this Agreement that I choose to finance will be added to my Principal Balance. '. SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION J PAXA41 (07-13-03) PA HEIOC: 2nd WrIpge Agreoment (t-2) Pagn 1 Borrowers Initials , 20109-08-04 12:16 AGFS 1498 Carlisle AM#RICAN GENERAL H( Subsequent Draws, I may lake Subsequent (each, a 'Check', but ) may not request a Subsequent Draw must exceed $ N/A Lender may charge am stated In the Security in Checks. I can use my the amount of the Chec not obligated to pay Ch, do so again in the futur chooses even though th Stop Payment Reques if Lender does not. An c within that period. A w contact Lender immedia that I must sign and retu Loss of Checks. I mus have been used without at the beginning of this I listed at the beginning o', Lenders Address or L% reason, I agree to return! Restrictions on Draws; (a) that will cause me (b) that i try to use to f permission in writif (c) that does not corn (d) if Lender has susp? (e) if I am otherwise tea be for at least E 2p( I may obtain Subseque punts to my Account as trument, at anytime. :hecks, subject to the to to my Account, even if cks that will cause me t . Checks will not be rot may affect whether I e; a. If I ask, Lender may cal request to slop paym lien request is good to sly if I wish to stop payn n to Lender. Lender will notify Lender immedtati ny permission. To repo areement or on my Mon this Agreement or on m lees Telephone Numbe ill unused Checks to Ler Lender may refuse to N D exceed my Credit Limi ake any payments on r 717-243-5546 >> 610 275 2866 P IE EQUITY LINE OF CREDIT AGREEMENT (con't taws during the Draw Period by writing special checks from time to 1 tli 1bsequent Draw for an amount greater than my Available Credit, Ea j &. Immediately after any Subsequent Draw, my Principal Balance mi it Draws at Lender's offices or by using my Checks I receive from Lend 3ubsequenl Draws to protect Lender's Security Interest In the Property, Ms of this Agreement. When Lender honors a Check, Lender may chaq is post-dated, stale, or will cause me to exceed my Credit Limit. Lender exceed my Credit Limit, but, if Lender does so, Lender Is not obligated mod with my Monthly Statements. Lender can pay Checks in any order mod my Credit Limit, unless otherwise required by law. ttempt to stop payment on a Check, but Lender will have no liability to it ,ni is good for only fourteen (14) calendar days unless I confirm it in writir only six (6) months unless I renew it in writing within that period. I w :nt on a Check. Lender then will send me a "Stop Payment Request" fon advise me of other rules that will apply to Stop Payment Requests. ly if any of my Checks are lost or stolen or if I learn that any of the Checl the loss or theft of my Checks, I may write to Lender at the address iiste iy Statement ("Lenders Address or call Lender at the telephone numbs Monthly Statement ("Lender's Telephone Number. Lender may chang by telling me in my Monthly Statement. If my Account is closed for an ter immediately. for any Draw request: Account or any other account due to Lender, unless I first get Lender's ply with this Agreement; ended or terminated my Account; or default of this Agreement. Lender is not responsible if I am dissatisfied wtti the goods or services I have purchased or leased with Draws from m, Account or if anyone does not accept my Check. !. How My Finance Charges Are Computed. Finance charges will be assessed or. my Account in the form of Additional Fee: described in Section 10 below and by applying the Fpplicable daily periodic rate disclosed in Section 9 below to the average daily balance on my Account and then muitiplying th10 resulting product by the number of days in the billing cycle. The Finance Charge calculated in this m0ner will never exceed the Finance Charge that would result from applying the daily periodic rate lc the dally balance for each Qay of the billing cycle. Finance charges will be disclosed on my Monthly &Atement as the Finance Charge. The daily periodici rate applied to my Account will be determined by dividing the annual percentage rate applicable to my Account (the "Annual Percentage Rate's for the Filling cycle by 365 (the "Daily Periodic Rate7. Calculation of Average Dilly Balance. Lender figures a portion of the Finance Charge on my Account by applying the Daily Periodic Rate to the average daily balance on my;Account. To get the average daily balance, Lender takes the beginning Principal Balance (which 4xcludes any accrued arid unpaid finance charges resulting from the daily periodic rate) on my Account each day, adds and new Draws, Fees (as defined below), and credit insurance premiums (except as otherwise provided in this Agreement), and sr(btracls any payments o@ credits. This gives Lender the "Closing Daily Balance' on my Account. Then, Lender adds all the twlosing Daily Balances for the billing cycle and divides the total by the number of days in the billing cycle. This gives Lender the "Average Daily Balance." The Closing Daily Balance will reflect payments, credits, draws, and debits posted to my Account each day but will not include any unpaid finance charges resulting from the daily periodic rate. No Grace Period. There is no race period during which I ran make a payment and avoid a Finance Cha e. Finance charges will begin to accrue on t e ay that Draws, Fees as e -n be lo , orcredft insurance premiums are posted to my Account. 9. Annual Percentage Rates/Daily Periodic Rateb. The interest rate that Lender uses to calculate a portion of the Finance Charge on my Account Is celled an Annual Percentage Rate or a Daily Periodic Rate. The Annual Percentage Rate is the Daily Periodic Rate of interest ort my Account expressed a5 an annual rate. Fixed Annual Pereedttage Rate/Daily Periodic Rate. The ANNUAL PERCENTAGE RATE applied to my Account is 1.5.99096. The Daily Periodic Rate applied to my Account is .043tt%. Variable Annual Perrcentage Rate/Daily Pieriodic Rate. My Annual Percentage Rate and Daily Periodic Rate may change N/A ; The Annual Percentago Rate and the Dally Periodic Rate on my Account are based on an index. The index is the highest Prime Rate in the "Money Dates" listing in The Wall Street Journal on the first business day after the 14th day of the month preceding each N/A anniversary of my Account. The anniversary of my Account is A/A from the Date of Agreement above and the same date of each N/A thereafter (my 'Anniversary"). To got myAnnual Percentage Rate; Lender adds N/A percentage point(s) (the "Margin"} to the Index. My initial ANNUAL PERCENTAGE RATE is N/A 96, and my initial Daily Periodic Rate is N/A %. If the Index becomes unavailable during the teml of this Agreement, Lendj r may use a comparable index after Lender notifies me. Raba Changes. The Annulal Percentage Rate can 4hange N/A but the rate cannot increase or decrease by more than percentage point(s) at any rate change. Changes in the Annual Percentage Rate and Daily Periodic Rate for my Account will take effect oil the first day of the billing cycle beginning on or after the Anniversary of my Account. My Monthly Statement will show the 4nual Percentage Rate and Daily Periodic Rate that applied to my Account during the billing cycle. Increases in the Annual Percentage Rate and Dally Periodic Rate for my Account may result in a greater Finance Charge and an increase in the Current; Payment I must make oh my Account. The ANNUAL PERCENTAGE RATE on my Account will never be more than N A %, which is the same 10s a Daily Periodic Rate of N/A %, or be less than N!A %, which is the same as a Daily Periodic Rate of N/A %. SEE ADDITIONAL? PAGES FOR IMPORTANT INFORMATION 2009-015-04 12:22 AGFS 1498 Carlisle 717-243-5546 >> 610 275 2866 P AMERICAN GENERAL NOME EQUITY LINE OF CREDIT AGREEMENT (con't) ? Introductory Diseouot for Annual Percenl$age Rate/Daily Periodic Rate. Initially, during the discount period, Annual Percentage Rate ahd Daily Periodic Rate applicable to my Account will not be the Annual Percentage Rate and Di Periodic Rate shown above. The Introductory ANNUAL PERCENTAGE RATE is Periodic Rate is N/A % The Introductory Annual Percentage Rate and Daily Periodic Rate applicable tto my Account will in effect from the First Dram Date through the first 1L billing cycles. Thereafter, beginning on the first day of the next bill cycle, the Annual Percentage Rate and Daily Periodic Rates shown above will apply. Each Annual PercentaO Rate disclosed above Includes only interest and not other charges. 10. Fees. I agree to pay certain fees and charges rFeesJ as provided below, I agree that Lender may charge these Fees my Account and include these Fees In my Principal (Balance, except as otherwise provided In this Agreement. Fees will not refunded if my Account is dosed for any reason, un$ss required by law. Loan Fees. I agree to pay -,!he following Loan Fees in connection with my Account. If I do not pay the Loan Fees in cash whe open my Account, funds may be advanced from my Account to pay these loan Fees at the time I take my First Draw. Loan Fees Paid to Lender. Loan Fees Paid to Third Parties. $ 535.25 Title Insurance Fee $ 350.00 Appraisal Fee "a 44.50 Recording/Releasing VOes RE Additional Fees. I also agree to pay the following Additional Fees on my Account. These Fees are an additional kind FINANCE CHARGE. These Additional Fees will appear on my first Monthly Statement in the 'FINANCE CHARGE" box. Additional Fees Paid o Lender. $ 1170.00 Points Additional Fees Paid to Third Parties. Account Fees. If checked; Lender may charge the. following Fees to my Account: ? initial Annual Fee. Lender may charge an Annual Fee on my Account on my first Monthly Statement. The initial Annuc Fee is S?iln ? Subsequent Annual.Fee. Lender may chaise a subsequent Annual Fee on my Account on each annual anniversar during my Draw Period. The subsequent Annu$I Fee is $AL Q Late Fee. I may have to pay a Late Fee as rngre fully described in Section 34. Returned Check Fee; I may be required to pay a Returned Check Fee as more fully described in Section 35. ? Reconveyance Fee..1 may be required to payia Reconveyance Fee as more fully described in Section 38. 11. Payment Options. Each month I must pay al least the Minimum Payment shown on each of my Monthly Statements bl the payment due date. 1 relay make larger payments on my Account at any time and in any amount, but I still must make ant Minimum Payment due for the month(s) following that larger payment. The larger my payments, the smaller the total Finance Charge 1 will have to pay ;over the tens of this Agreement. I may pay the Total Balance on my Account in full at any time, however, I may be required to pay a Prepayment/Tdrmination Fee, as provided in Section 33. ? Percent of New Balajtce Option. Under this' option and subject to any balloon payment below, my Minimum PaymentE will be due monthly and will include any Past Due Amounts and any Late Fee and any Retumed Check Fees assessed for the billing cycle, plus a Current Payment equal to N/A % of the sum of the Principal Balance, the finance charges, and any credit insurance premiums. assessed for the current billing cycle. ?X Assumed Term Option. Under this option and subject to any balloon payment below, my Minimum Payment will be due monthly and will include I Current Payment equal to an amount that would amortize the Principal Balance and the Finance Charge to be earned on my Principal Balance overran assumed term of 1.1 years (the 'Assumed Term's in substantially equal amounts each billing cycl9, plus any Past Due Amounts and any credit insurance premiums, any Late Fee, and any Returned Check Fees assessed for the billing cycle. During my Draw Period, if my Principal Balance changes because I take a Draw and/or Fees are charged tb my Account or if my Annual Percentage Rate changes (other than an adjustment resulting from the expiration of an Introductory Rate), my Current Permenl will be adjusted st the end of the billing cycle in which the change occurs to an amount that would amortize my Principal Balance and the Finance Charge to be earned on my Principal Balance in substantially equal amounts each billing cycle over. my Assumed Term; however, the due date of any balloon payment below will remain the some. During the Repayment Periott, each time my Annual Percentage Rate is adjusted or an advance Is made from my Account pursuant to this Agreement, my Current Payment will also be adjusted to an amount that would amortize my Principal Balance and the Finance Charge to be earned over the remainder of my Assumed Term; however, the due date of any balloon payment below Will remain the same. If the Current Payment determined under either ppyment option above is less than S 50. nn , my Current Payment will equal $_ _ Un nn or the New Balance shown onmy Monthly Statement, whichever is less. Balloon Payment. If] only make the required Current Payments on my Account, tney wta not De Sunman w ?dNay illy Total Balance. I will then be required to pay my rerhaining Total Balance in a single *Balloon Payment" on NIA MONTRDAYNEWt SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION UNKM (04.17-05) HELOC Agreemdnl (34) Page 3 Borrowers Initials _li. 2009-08-04 12:22 AGFS 1498 Carlisle 717-243-5546 >> 610 275 2866 Pi AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (cool) Allocation of Paymettta.?ccount payments will br applied first to any Late Fee, then to any Returned Check Fee, any cne life insurance premiums billed (where applicable), iany credit involuntary unemployment insurance f applicable), then to finance charges assessed on my Account, and finally to the Principal Balance of m y A ccount, billed unle otherwise required by law, ;Credit Insurance premiums are billed as of the Billing Cycle Closing Date as defined in Section below. Form of Payments. I must make my payments by check, money order, or similar instrument on a financial institution Iodated in the U.S. I may not mail Lender cash or use a Check (sae Section Section In above) funds and drat however, I may make my payments in cash in a pay Lendr person at any of Lender's offices. I agree not to send Lender payments markr "paid in full," "without mcqurse," or similar language unless those payments are marked for special handling and sent Lender's office servicing m? Account. When to Send My Paymeints. I must send my payment to Lenders Address listed on my Monthly Statement. Payments th• Lender receives at Lender? Address by 3 PM eacjh business day will be credited to my Account as of the date of receir Payments that Lender receives at Lenders Addressiafter this time will be treated as received b day. Payments received at any other location will Pe credited no later than five 5 days after by Lender on recetheives next them m to b 1! credited. 1 will be sure to iQciude my payment couppn with my payment. If I fail to include my paent m may not be credited to mq Account for up to fve!(5) days. Delayed crediting may cause me to Incur a coupon, Feeaannd/( additional finance charges. First Payment Due Date, a your account has a balance as of the closing date, your first payment due date will be 12. Monthly Statements,; Lender will bill me IN payments due called a Monthly.. Statement. The period bftime covered by mc each Mo curl, every month, calle sending me a billirtf tement is Cycle.' M, first Billing Cycle begins on the Date of Agreement. The fast day of eah Billing Cycle is?called the *Billing Cycclie Closing Date. Each Monthly Statement Wilt show the activity on my Account during the Billing Cycle. The day of the month when eaci payment will be due is shown after the words 'payment must be received on or before" (the 'Payment Due Date', Eact Monthly Statement will shdw the Billing Cycle Closing Date, the Payment Due Date for the Billing Cycle, and certain other required information. Lender will send each Monthly Statement to the Borrowers address listed at the top of page 1 of thls Agreement, called "Borrovveir's Address." When Lender Will Send My Monthly Statements. ;' Lender will send me a Monthly Statement for each Billing Cycle in which: (1) Lender charges a Finame Charge; (2) Lender charges a Fee; (3) there is any other activity on my Account; or (4) the law requires that Lender send me a Monthly Statement. Billing Errors. I should review each Monthly Statement carefully and advise Lender in writing of any errors within sixty (60) days of the Billing Cycle ;Closing Date, as more fully explained on the Billing Rights Statement that accompanies this Agreement. 13, When Lender May PrAhibit Subsequent Drd* or Reduce My Credit Limit. To the extent and as provided in the Agreement, Lender may prohibit Su permitted by applicable law trsequent Draws or reduce my Credit Limit it. (a) The value of the Property decreases significantly below the appraised value of the Property. The appraised value of the Property is the valve shown by Lenders most recent appraisal of the Properly (the "Appraised Value); or (b) Lender reasonably; believes that I will be unable to make my Minimum Payments on time because of a material adverse change In my financial circumstances; or (c) I am in default of a material obligation under this Agreement. A material obligation includes, but is not limited to, my promise: (f) to notify Lender Immediately should there be an adverse change in my credit or financial condition; (ft) to give Lender updated financial or credit information upon request; (iii) not to permit any lien to be filed against the Property that will bt superior to Lenders Security Interest; and (iv) not to exceed my Credit Limit; or (d) Government action (f) prevents Lender from charging any Annual Percentage Rate provided under this Agreement; or (if) adversely affects the priority of Lenders Security Interest in the Property to the extent that the value of Lender's Security Interest is less than 120% of my Crrfdit Limit; or (e) When the maximurin Annual Percentage Ralf under this Agreement is reached; or (f) Lenders' regulatorsi consider Subsequent Draws to be an unsafe and unsound lending practice; or (g) I ask Lender to reduce or limit my Subsequent Draws; or (h) Any event listed in Section 15 below occurs. How to Reinstate My Account. Lender will reinstate my Account during the Draw Period if: (1) 1 ask Lender in writing to reinstate; (2) 1 pay any credit report fees and any appraisal fee Lender incurs to update Lenders credit information about me; (3) Lender agrees that the reason that caused Lender to prohibit Subsequent Draws or reduce the Credit Limit no longer exists; and (4) there is no other reasorj for Lender to prohibit Subsequent Draws or reduce my Credit Limit. Lender may require that all Borrowers sign any request (o reinstate. 14. Required Property Insurance. I am required to maintain hazard insurance on the Property in acceptable to Lender ("Regeired Insurancel. I have the option of providing the Required Insurance throughpan eexis hp poppy of insurance owned or conttoloed by me, or through a policy to be obtained and paid for by me. I may purchase this R-roaro"r insurance through any insurbr. insurance Snot -_.. -.-- cause decline any insurenge prov b me. "" tare to Cardin, er may or reasons e Insurance must: a Insureithe Pro arty equlrod nsurance not ava or Pu are through Lender. Required term of the () p y against alb its of physical damage, Including loss by fire and other hazards for the Agreement; (b) 1have terms and amou satisfactory to Lender; (c) name lender as loss payee or mortgagee; (d) not permit the addition of sny other loss payee or mortgagee to the insurance policy unless Lender consents in writing; (e) Provide that such insurance will not be canceled ormodified without at least fifteen (15) days prior written notice to the loss payee or mortgagee; and (f not Include any disclaimer of the insurers liability for failure to give such notice . I agree to provide Lender with satisfactory proof of my Required Insurance. I agree to keep my Required Insurance in force unifl all amounts that I owe Lender under this Agreement and the Security Instrument are paid in full, my Account is terminated, and Lender releases or discharges the Security instrument. In case of damage to or loss of the Prdpe?iy_ I agree to give pro mpt notice to Lender and the insurance carrier. If I fail to promptly notify or any insurance proceeds to rieduce the amounts that I :owe under this Agreement ana the security instrument. i autnonze Lenaer .to adjust my losses and sign my name to any check, draft, or other papers necessary to obtain such insurance payments, if insurance proceeds paid ter Lender do not satisfy ;all amounts that I owe Lender under this Agreement and the Security Instrument, I remain responsible for payment of the balance of any amounts due under this Agreement and the Security Instrument. SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION UNXF52 (04-17-05) HELOC AUrwmarA. (3.4) Page 4 BOrmwees 11 els 1CLC AGFS 1498 Carlisle 717-243-5546 >> 610 275 2866 AMERICAN GENERAL HOME EQUITY UNE OF CREDIT AGREEMENT (con't) If, at anytime, I fail to buy or keep in force my Required Insurance, Lender may (but is not required to) my expense to protect Lender's interest in the Property. I agree that Lender may, at Its sole option, caes this t is nsura? that Lender has a securitynterest in any unearned 1 premiums from such insurance and I hereby assign to Lender any may have to said uneame premiums and I aulha4e and appoint Lender as my altomey-in-fact to cancel the insuran apply the unearned premiufns to reduce my Account upon cancellation of said insurance, 1 agree that this insurance m need not, protect my Interests. The coverage purchased by Lender may not pay any claim l make. I agree that the insurance purchased by Lender may be much morq than the cost of insurance I could have obtained on my own, and I that the cost of such Insurance may, to the extent] permitted by law, be added to my Principal Balance and accrue f charges. I authorize Lender to purchase the insurance required by this Agreement. I understand that Lender or its affrlial earn a profit from the purnh4ase of this insurance, to tote extent permitted by applicable law. 16. Default. To the extent permitted by applicable EHw 1 will be in default of this Agreement if; (a) I file for, or my creditors place me in, bankruptcy and I fail to meet the repayment terms of this Agreement; or (b) I do not make aqy Minimum Payment by the Payment Due Date or otherwise fall to meet the repayment provided for in thi Agreement; or (c) I commit fraud on materially misrepresent: any information with regard to my Account, Including, but not limits material misrepresentations in my credit application, financial statements that I make to Lender, or any corresponr or discussions tha} i have with Lender about my Account; or (d) Any action or inaction by me adversely aff.#cts Lender's Security Interest in the Property, for example: (t) I transfe to the Property oriseIt the Property without; Lender's prior written permission; (1) I do not maintain Required Insur on the Property; (iii) I do not pay, when Oue, taxes that would become a lien on the Property; (v) I am the Borrower and I cOe; (v) I do not maintain the Property, I abandon the Property or f commit waste or othe destructively use fhe Property; (vi) a lien tryat is superior to Lender's Security Interest is filed against the Property, lien that is subordinate to Lender's lien is! filed against the Property and that lien adversely effects the Proper Lender's rights in the Property; (vii) the Ptoperiy is taken by condemnation or eminent domain; (viii) the Proper foreclosed upon tyy another lien holder, (ixf another creditor attempts to enforce a judgment against the Property; use the Property i0egally such that the Property could be seized; or (xi) I move out of the Property; or (e) One of two Borro*ers dies and Lender's Se,'curity Interest is adversely affected thereby. (For Kansas residents Only, Lender believes the preceding events would significantly impair the prospect of payrr performance, or realization( of collateral. Except fora default resulting from my failure to make any payment as required by Agreement, the burden of Establishing the prospect bf such significant impairment is on the Lender.) If I default, Lender may, sQbjecl to providing required notices and right to cure: (a) prohibit Subsequent Draws and; (b) red my Credit Limit and; (c) dose my Account and regrjire me to pay Lender the Total Balance right away and; (d) foreclose on Property. If 1 default and ;Lender hires an attomey who is not Lender's employee to collect my Account, I will pay Lend collection costs, including court costs and foreclosure costs and reasonable attorney's fees, to the extent permitted by applice law. All of Lender's rights and remedies shall be cumulative and nonexclusive with respect to each and every Borrower CD-Borrower obligated under this Agreement. 16. When Lender May Close My Account. If I aM in default, Lender may close my Account and require me to pay the Tc Balance immediately, aftei providing me any notice of default and opportunity to cure required by applicable law_ If I am default, Lender first may choose to take other action, such as prohibiting Subsequent Draws or reducing my Credit Lin however, unless Lender reinstates my Account, Leader does not give up Lender's right to dose my Account and require me the Total Balance tel even Lepay Total Balance ht awaayy18I must pay it) do not default Total Balance I again. owe l Lender immediately. ?Until Aunt I pand ues me to ay Lender in full t Principal Balance will continue to accrue finance charges at the rate disclosed in this Agreement, or the maximum rate allow by applicable law, whichever Is less. 17. Closing My Account.. Except as otherwise provided in this Agreement, I may dose my Account at any time by caller Lender at Lender's Telephone Number and sending a written request to Lender's Address. Lender will close my Account whr Lender receives my notice. It more than one persmn signs this Agreement as a Borrower, Account will be treated asa request to close this At count by all Borrowers ender may not nhonorany Ch ck Lender reocely after Lender receives my notice. If I close my Account, I must stop using it immediately and pay the Total Balance I ow Lender. Until I pay Lender. in full, Lender will charge finance charges on the Principal Balance of my Account. 16. Credit Information. 1 must notify Lender immediately if there is any adverse change in my credit or financial condition. will provide Lender with updated financial or credit information when Lender requests it. Lender may get consumer reports trot consumer reporting agencies when Lender reviews my Account. 19. Notices. Lender will send me any notice required by this Agreement or by law to Borrowers Address. 1 will tell Lender t writing If Borrower's Address changes. If Lender inails me a letter, notice, or statement to Borrowers Address, Lender cap assume that I have recelied it. If I send Lender lt notice or letter, I must send it to Lenders Address or any other addres, Lender specifies in my Mopthly Statement. 20. Tax Deductions. Lender has made no promises to me nor advised me in any way whether the Finance Charges and Fee: are "interest' that I may deduct on my tax returns. I should consult a tax advisor about deducting Finance Charges and Fees or my tax retums. 21. No Transfer. I will net transfer or assign any of my rights under this Agreement. Lender may transfer or assign any or ali of Lender's rights under this Agreement. 22. Telephone Calls. Lender may listen to or record Lenders telephone calls with me for quality control purposes. Lender may use and I consent to;-the use of automated telephone equipment or prerecorded telephone calls to contact me about my Account, to the extent alloiwed by law. If I have a Wlephone answering device, Lender may leave messages about my Account or about additional opportuhities and promotions oN this device. snMr nr umiva anu of I inners rights under this Agreement. Lender may :delay enforcing or waiving any of Lenaer's ngms wnnoui arreainfj Laitutlr b UUM 11WILO. 11 LUI/YM# waives a right, Lender constill enforce the some rid.ht later. SEE ADDITIONAL; PAGES FOR IMPORTANT INFORMATION pap 5 Borrowers Initials A UNXT51 (06-03-07) HELOC Agreemonl (5-6) 2009-08-04 12:22 AGFS 1498 Carlisle 717-243-5546 >> 610 275 2866 p g? AME'RICAN GENERAL HOMt EQUITY LINE OF CREDIT AGREEMENT (con't) 24. Lender's Errors. Lerner does not intend to ch.1rge or collect any interest, charge, or fee that is more than the law allows, If Lender charges or collects any amount over what;the law allows, Lender will apply the excess amount first to the Principal Balance due on my Account as a partial prepayment without any Prepayment/Termination Fee. If I have paid my Account in full, Lender will refund any excess amount. If any pert of this Agreement is finally determined to be unenforceable under any law, rule, or regulation, all oilher parts of this Agreement still are valid and enforceable. 26. Now Under May Cho*ge This Agreement. Subject to any state law requirements, Lender may change the terms of this Agreement if: (a)1 have alrFady agreed to the change in this Agreement; (b) I agree to the change in writing at the time Lender requests k; (c) the change unequivocally will benefit me during the remaining term of this Agreement: or (d) the change is insignificant (such as chang(s relating to Lender's dale processing systems). 26. Entire Agreement. This Agreement, which includes the Insurance Disclosure Summary, if one was provided to you, contains the entire agreemint of the parties with regard to the subject matter hereof, and no party hereto has relied upon any representations except such as are specifically set forth herein. This Agreement cannot be modified In any respect except by an amendment in writing signep by the parties. All notipes under this Agreement shall be in writing and directed to the parties at the addresses shown at the beginning of this Agreement or to such other address as a party may specify by notice given in accordance with this para0ph. 27, Broker Representatiojts. Borrower acknowled6es that any broker involved in the transaction is not Lender's agent, and Lender is not bound by any bf the broker's representakions. 28. Release of Security. .ender is not obligated to release the Security Instrument on the Property unless there are no longer any amounts owing to Lender under this Agreement and unless I indicate to Lender in writing that I want to terminate my Account. 28. Not applicable. 30. Not applicable. 31. Miscellaneous. I waivF the defenses of prescotment, notice of dishonor, and protest, If any, to the enforcement of this Agreement and any Security Instrument. Time is of 4he essence of this Agreement. If any provision of this Agreement shall be adjudged or deemed invalid, illegal, or unenforceable, such provision shall be deemed stricken from this Agreement and the remainder of the Agreement shall be construed as if $uch provision had never been included. Plural words shall be construed In the singular and singular vjords in the plural as the . ir context may require, or as required to give effect to the terms of the Agreement. 1 agree to cooperate in executing any 9xtension or statement of maturity of the Security Instrument securing this Agreement. 32. Arbitration Agreement and Waiver of Jury Triil. (See following pages). 33. Voluntary Credit Insu?ance. Lender's affiliate jnay provide the credit insurance that I voluntarily select. Lender and/or its affiliates expect to profit from my purchase of volunliry credit and personal property insurance and I consent to this. The terms "credit insurance' and "credit life insurance' include debtor group life insurance, where offered. SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION The following notice applies if the proceeds of this loan will be applied in whole or substantial part to a purchase of goods from a seller who either,, refers consumers to the Lender or who is affiliated with the Lender by common control, contract, or business arrangement: NOTICE: ANY HO R OF THIS CONSUOER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH E DEBTOR COULD I ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH TH S PROCEEDS HEREOF. i RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED .¦¦n. note n•in nw w6a nceTne ucam mir to I/We acknowledge that my/our monthly scheduled payments under my/our Agreement with Lender 4.Q, pAt include payments for pro perly faxes (or special assessments), or premiums for insurance covering the property. `here are nQ escrow or impound acc6u under my/our Agre0ment. I/We agree to make rerorired payment(s) to the appropriate taxing authority and/or insurance provider as they are due. UW= W43-07) HELOC AgrwnftO1 ($A Page a 8ormv efs Initials CUUY-UO-U4 11!11 AGFS 1498 Carlisle 717-243-5546->> 610 275 2866 p t ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL (con't) F. ENFORCEMENT AND APPEAL OF DECISION. Th' decision and judgment of the arbitrator shall he final, binding, and enforceable any court having jurisdictiongver the parties and the d1s;u1s: however. for Covered Claims involving more than $100,000, an appeal the award, at its own st, except as provided by low, to a three-arbitrator panel appointed b the NAF or AAA, the case may any party m, That panel will reconsider fro the start any aspect of thel initial award that either rty asserts was incorrectly decided.aThe decision of b panel shall be by majority vot and shall be final and binding, except as provided below. The arbitrator's (or panel's) findings, decision, at award shall be subject to judi al review on the grounds sit forth in 9 U,S.C § 10, as well as on the grounds that the findings, decision, ar award are manifestly inconsist lent with the terms of this Arbitration Agreement and any applicable laws or rules. G, LIMITATION OF PR EEDINGS. Lender and I further agree that the arbitrator will be restricted to resolving only the claim disputes, or controversies b en Lender and me anb the other parties covered by this particular Agreement (and not by simill agreements). Arbitration is not available and shall not belconducted on a class-wide basis or consolidated with other claims or demands . other persons. I agree not to iparticipate in a representative capacity or as a member of any class of claimants pertaining to any Covers Claim. H. LIMITATION OF ARBIT? ATOR'S AUTHORITY: Thk arbitrator may award punitive damages only under circumstances where a eou of competent jurisdiction coup award such damages. Iniawarding any punitive damages, the arbitrator must abide by all applicable seat and federal laws regarding th$ amount of such demages,(and the arbitrator must state the precise amount of the punitive demage; ewarc The arbitrator must also oondpot a post-award review of Pny punitive damages, allowing the parties the same procedural rights and usin the same standards and guidelines that would apply in :judicial proceeding in the state where the arbitration Is conducted. The arbftrato may award Injunctive relief that would benefit either Lender or me in connection with resolving a Covered Claim between Lender and me, bu the arbitrator may not award; injunctive relief for the benefit of other persons or groups of persons who are not named parties to thi arbitration proceeding. 1. LOCATION OF THE ARBITRATION. The arbitratign will take place in the county where I live unless Lender and I agree to anothe location. If Lender and I agre4, all or a portion of the arbitratlon proceedings can be conducted by telephone conference. J. ENFORCEMENT IN COURT. Nothing in this Arbitration Agreement shall prevent either Lender or me from enforcing all rights unde this Arbitration Agreement if W Covered Claim is filed in court. K. FORUM SELECTION CLAUSE. If either Lender orx I need to file a lawsuit to enforce this Arbitration Agreement or to pursue claime that either may or may not belarbitratable under this Arbiration Agreement, the exclusive venue for that suit will be a state court located Ir the county where Lender's office is located or where I sign this Agreement, or in the federal court covering that county, unless the governing law requires suit to be filed in?another location. Nothing ib this paragraph shall prevent either Lender or me from enforcing its or my rights under this Arbitration Agreement if the Covered Claim is tied in court. ADDITIONAL INFORMATION. I may obtain additional iblormatlon about arbitration by contacting the National Arbitration Forum, Inc., at P.O. Box 50191, Minneapolis,' Minnesota 55405. (800-474-2371 (Telephone)). (912.831-0802 (Fax)). www,arb-fbrum.com (e-mail). OTHER IMPORTANT AGREEMENTS. Lender and I agrK.- (a) This Arbitration Agreement does not affect any statuti of limitations or claims of privilege recognized at law. (b) The loan and insurance. transactions between Lender and me and other applicable parties are transactions involving interstate commerce, using funds abd other resources from outside the state. (c) The Federal Arbitration Act applies to and governs this Agreement. State arbitration laws and procedures shall not apply to this Agreement. (d) This Agreement applies td and runs to the benefit of Lender's and my assigns, successors, executors, heirs, and/or representatives. (e) If any term of this Arbitration Agreement is unenforceable. the remaining terms are severable and enforceable to the fullest extent permitted by law. If ) This Arbitration Agreement supersedes any prior arbitration agreement that may exist between Lender and me and can only be modified in writing signed by the pirties. (g) This Arbitration Agreement applies even if my loam has been cancelled, changed, modified, refinanced, paid in full, charged off, or discharged or modified in bankruptcy. I AGREE TO READ THIS ARBITRATION AGREEMENT CAREFULLY, BECAUSE IT LIMITS CERTAIN OF MY RIGHTS, TO THE EXTENT PERMITTED BY LAW, INCLUDING MY RIGHTS TO BRING A COURT ACTION, TO HAVE A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS :ACTION OR CLASS ARBITRATION. BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT 1 HAVE READ AND RECEIVED A COPY OF THIS ARBITRATION AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS. uNXR22 (t-te-e5} HELOC Agreemenl (7-8) SEE FOLLOWIf G PAGE FOR ADDITIONAL INFORMATION Pepe B Borraftes India's 2009-08-04 12:30 AGFS 1498 Carlisle: 717-243-5546 >> 610 275 2866 P1 AMERICAN GENERAL H04E EQUITY LINE OF CREDIT AGREEMENT (con't) ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL DESCRIPTION OF ARBIT TION. Arbitration is a mMod of resolving claims and disputes between parties without having to file a lave in court, is a process In wt eh both sides present thei cue to a neutral third person-the arbitrator-instead of a judge or jury, to reso the dispute. TO THE FULLEST EXTENT PERMITTED BY LAW, BY SIGNING THIS AGREEMENT, BOTH LENDER AND 1 AI VOLUNTARILY WAIVING ANY RIGHT TO A JURY TRIAL OR JUDGE TRIAL OF ALL CLAIMS AND DISPUTES COVERED BY n ARBITRATION AGREEMENT ("this Arbitration Agreedront"). UfflS AND DISPUTES COVERED. Except for tho ARBITRATION " Lender and 1 agree that either party m ("Covered Claims"). This includes, but is not limited to, My loan from Linder today; any previous Contract") whether open or closed-end, as omissions relating to this or any previous I product, serviceicontred, or warranty purc made by or assigned to Lander; any prod involvement by Lender, whether the claim Arbitration Agreement and the Agreement, enforceability of the Agreement and this dosing, 9e cln , collecting, or enforcers or misrepresentation; any claim based on ordinance, or rulb; any claim based on state any information protected under state or fed tort (wrong), including intentional torts, and a claim for injunctive, declaratory, or equitable relief. se claims mentioned below under the heading "MATTERS NOT COVERED I ty elect to resolve by BINDING ARBITRATION all claims and disputes between X11 claims and disputes arising out of, in connection with, or relating to: Joan from Lender and any previous retail credit agreement ("Retail signed to Lender, all documents, promotions, advertising, actions, or qan or Retail Contract made by or assigned to Lender, any Insurance $ased in connection with this or any previous loan or Retail Contract ud or service offered to Lender's customers with any assistance or !or dispute must be arbitrated; the validity and enforceability of this my understanding of them, or any defenses as to the validity and fkbi moon Agreement,, any negotiations between Lender and me; the of any transaction covered by this Agreement; any allegation of fraud ;or arising under any federal, state, or local law, statute, regulation, ior federal property laws; any claim based on the improper disclosure of iral consumer privacy laws; any claim or dispute based on any alleged COVERED CLAIMS AGAINOT THIRD PARTIES This Arbitration Agreement also coven any claim or dispute between me and any Lenders employees, officers,: agents, or directors; any of its affiliate corporations; any entities which provided insurance in connection VA this or any previous transactions between me and Lendbr, any third parties that assigned Retail Contracts or other agreements to Lende and any of the employees, officers, agents, or directirs of such affiliates or third parties. Affiliate corporations are Lenders pare) corporations, subsidiary corporations, and sister corporations. Some of Lander's affiliates are American General Finance Corporatlor American General Financial Services, Inc., Merit Life Insurance Co., and Yosemite Insurance Company. In addition, if Lender becomes party in any lawsuit that I hai+e with any third party, whether through intervention by Lender or by motion made by me or any third party, a claims in that lawsuit betwash me and the third party willi be subject to binding arbitration under this Agreement, provided that the third parl is required to agree to resovd such claims by arbitration.: MATTERS NOT COVERED OY ARBITRATION. I agrei that Lander does not have to initiate arbitration before exercising lawful salt-hel remedies or judicial rem ofggamishmW, repossession, replevin, or foreclosure, but instead may proceed in court for those judicls remedies (an "Excluded Colllteral Lawsuit'). I may assert in court any defenses I may have to Lender's claims in such a lawsuit, but an claim or counter claim for rescission or damages I mat have arising out of, relating to, or in connection with Lender's exercise of thos remedies must be arbitrated; Instead of pursuing arbitration, either Lender or I also have the option to !ring a lawsuit in court to seek t recover an amount which doss not exceed the total sum bf $5,000.00 (including costs and atlomays' fees), provided that no relief other the, such recovery is requested Ih such lawsuit (an "Exclud' Damages Lawsuit"). If an Excluded Damages Lawsuit is filed, the other part cannot require that the claim6 in that lawsuit be arbgrat#d. An Excluded Damages Lawsuit can be brought to recover money for myself o Lender only, not for any class or group of persons having similar claims. If such an Excluded Damages Lawsuit is filed by me or Lender, am any party to that lawsuit files;an amendment, counterclaim, cross-claim, or third-party claim seeking to recover more than $5,000, then the claim, counterclaim, cross-claim, or third party claim must be arbitrated in accordance with the procedures set forth in this Arbttratioi Agreement. Neither I nor Lender shall be deemed to have waived any arbitration rights by the fact of having exercised any self-help o judicial remedies of garnishrrient, repossession, replevin; or foreclosure or by having filed any claims in court seeking to recover a total sun of $5,000.00 or less. ARBITRATION RULES AND A. ARBITRATION FORUI Forum ("NAF) that are in of Lender will provide me a cap of those ruin by calling NA unable, unwilling, or deemed agree to submit all disputes Rules and Expedited Pro= Arbitration Agreement will go PROCEDURES. AND RULES. The arbitrabon will be conducted under the rules and procedures of the National Arbitratior xt at the time arbitration is started and under the rules set forth in this Arbitration Agreement At my request, of the NAF Rules. If I Iosi my copy, Lender will give me another one if 1 ask for ft. I may also obtain a cop) at 1-800474-2371 or by :reviewing NArs web-site at www.arb-fwum.com. In the event that NAF is elthei rot appropriate by a court t6 resolve a cowed claim, or I object to the NAF for good cause, then Larder and I the American Arbitration Association ("AAA") for proceedings conducted pursuant to the AAA's Commercial Tres. If there is a conflict', between the rules of the NAF (or the AAA) and this Arbitration Agreement, this sin. B. SELECTION OF ARBITRATOR. NAF maintains lists of approved arbitrators. NAF will provide Lander and me each a list of seven (7) possible arbitrators. Lender land I will each have an opportunity to strike three (3) persons from that list. I will make the first strike, and Lender and I will altemate in making strikes after that. After the last strike, the remaining person shall then serve as arbitrator. C. STARTING ARBITRATION. Before I start arbitration, I agree to write to Lender at the address shown for Lender in this Agreement, union I have received notice of a new address for Lender, and I agree to give Lender a reasonable oppbrtunfty to respond and resolve any errors. In my letter, I will give the following information: my name and account number, a description of my claim or dispute and why I believe Lander has made an error, the dollar amount of my claim or dispute, and a description of any other information I need from Lender. Before Lender starts an arbitration, it must write to me `at my billing address; describe its claim or dispute; state the dollar amount of its claim or dispute; and give roe a reasonable opportunity to resolve the claim or dispute. If a Covered Claim cannot be resolved in the foregoing manner, either LercJer or I can start arbitratiod. Except as described in Paragraph E below, nothing In this Arbitration Agreement shall limit the arbitrators allillty to enforce any of my! rights or impose any remedies available to me under any applicable consumer protection laws or regulations. To start an arbitration, Lender and I agree to follow the rules of the NAF (or, if applicable, the rules of the AAA). D. COSTS OF ARBITRATION. The NAF and AAA charge certain fees in connection with arbitration proceedings they conduct. I may have to bear some of these Taos; however, if I am not able to pay such fees or think they are too high, Lender will consider any reasonable request to bear the cost. Lsjrder will also bear any cons under is required to bear by law or the terms of any other agreement with me. Each party will also pay for its own costs, including feet for attorneys, experts, and witnesses, unless otherwise provided by law or by the terms of any other agreement between the parties, to the. extent permitted by applicable law. E. CONDUCT OF PROCFEDINOS. In conducting the arbitration proceedings, the arbitrator shall be bound by the Federal Rules of decision, and award shall beset forth in writing and sha® be based upon and be consistent with the law of the jurisdiction that applies to the loan or other agreement bobheeen Lender and me, The atbitrator must abide by all applicable laws protecting the attorney-client privilege, the attorney work product doctrine, or any other applicable privileges. SEE REVERSE SIDE FOR ADDITIONAL ARBITRATION TERMS `'IIf UNYMI (1.16,M HELOC Agreameril (7.8) page 7 Borrow+efs Inbis ? 2009-08--04 12:30 AGFS 1498 Cartiste. 717-243-5546 >> 610 275 2866 P 1 AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (con't) 33. Prepayment/Termination Fee. If checked and if (1) I pay the Total Balance bn my Account within _ months after the Date of Agreement and (ii; terminate my Account, I agree to pay a prepaymenthermination fee equal to % of the amount of my original Credit Lin CPrepaymenUTermination;'Fee"). There will be no Prepsyment/Termination Fee if; (a) my Account is refinanced consolidated by Lender or ils affiliate; (b) my Account is prepaid with insurance proceeds; (c) my Account is prepaid as a resi of lawsuit, foreclosure, or acceleration; (d) Lender disapproves a request for assumption and exercises its rights under a due I sale clause, and imposition; of the Prepayment/TerAnation Fee is prohibited by applicable law; or (e) my Account is terminate more than _ months after the Date of Agreement. ?X If checked, there will b* no prepayment/tenninalion fee. 34. Late Fee. 11 1 fail to pay in full the Current Payment within -yU days after the Payment Due Date, Lender may charge Late Fee equal to 1n. nn !% of the anti rte. amount of the payment. 35. Returned Check Fee, If I make a payment on fny Account by a check or other instrument that is returned to Lender unpa for any reason, Lender may charge a Returned Check Fee of $2&,0j- 36. Reconveyance Fee. Iiot applicable. 37. Due on Sale. If all qr any part of the Propeoy or any interest in it is sold or transferred without Lender's prior writte consent, Lender may, at it$ option, require immediate payment in full of all sums secured by the Security Instrument; howeve this option shale not be el eroised if the exercise Of this option by Lender is prohibited by federal law as of the date of th Security Instrument. If Lender exercises this option, Lender will give me hotice of acceleration. The notice shall provide a period of not less than 3 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Securh Instrument. If I fail to pay khese sums prior to the e6xpiration of this period, Lender may invoke any remedies permitted by th Security Instrument without further notice or demand on me. 38. Governing Law. Thelaws of the state where the Property is located and federal law govem this Agreement SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION PAXT21 (0305.0b7 HELOC ApreamsM (9-10) Pspc 9 Borrovoes Inifiels I 2009-08-04 12:35 AGFS 1498 Carlisle 717-243-5546 >> 610 275 2866 P 12/ AMORICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (conl) By SIGNING BELOW, I SIC*FY THAT I HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS AND CONDITIONS OF THI8 AGREEMENT, INCLUDING THE ARBITRATION AGREOMENT THAT PROVIDES, AMONG OTHER THINGS, THAT EITHER LENDER OR I MAY REQUIRE THAT CERTAIN DISPUTES 13M WM US BE SUBMITTED TO BINDING ARBITRATION. IF LENDER OR I ELECT TO USE ARBITRAT)ON, WE AGREE THAT VIE WILL HAVE THEREBY WAIVED OUR RIGHTS TO TRIAL BY JURY OR JUDGE, TO THE FULLES1 EXTENT PERMITTED T APPLICABLE LAW, THAT THE DISPUTE TILL BE DECIDED BY AN ARBITRATOR, AND TWAT; THE DECISION OF THE: ARBITRATOR WILL BE FINAL. ARBITRATION WILL BE CONDUCTED PURSUANT TO THE RUL#S OF THE NATIONAL ;ARBITRATION FORUM, EXCEPT AS OTHERWISE PROVIDED IN THE ARBITRATION AGREEMENT, UWHT (0.12.01) I agree that, as of the date tPrsl written above r1he date of Agreement'), I have received and read a fully completed, legible copy of this Agreement, the Truth in Lending Insurapce Disclosures, a copy of the Security Instrument, the Privacy Notice, and two copies of a Notice of Right to Cancel (if applicable), and agree to be bound thereby. If you do not meet your contract obligations, you ntay lose your house, the property that you bought with this loan, other household goods and fumitEim, your motor vehicle of money in your account with us. CA T1 N: IT IS IMPORTANT THAT I THOROUGHLY READ THE CONTRACT BEFORE I SIGN IT. 0 x L.S. W' Ss B Ter VICKI A ?Y x x L.S. Witn o Ter I L NICKEY x L.S. Co-Maker Print Name: x L.S. Co-Maker Print Name: PAXTZ2 PUrR M HELOC Agrwnem (8-10) Pap io 2009-08-05 10:32 AGFS 1498 Cartiste Rtlwrl. Nurubw: 143:1372 Exhibit A 717-243-5546 >> 610 275 2866 P 8/9 ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a railroad spike in Greek Road (T•427) at the dividing line between Lois No. 2 and 3 on the hereinafter mentioned Subdivision Plan; thence along the said dividing line, North 00 degrees 40 minutes 01 seconds Ea?st, 325.06 feetto an iron pin; thence along lands now or formerly of Chester C, Weaver, South 57 degrees 44 minutes 56 seconds East 192.10 feet to a chestnut tree; thence along the diviping line between Lots Nos. 1 and 2 on said Subdivisions Plan, South 1 degree 38 minutes 54 seconds West, 217.03 feet to a railroad spike set in Creek Road (T-427) at the dividing line between Lots Nos. 1 and 2 on said Subdivision Plan; thence within the said Creek Road, South 08 degrees DO minutes 00 seconds West, 160.10 feet to a point, the Place of BEGINNING. : BEING further described as Lot No 2 of the Subdivision Plan for James E. Mosemann and Mary Louise Mosemann, prepared by Eugene Hockensmith, R.S., dated July 3, 1987 and recorded in Cumberland County Plan Book 53,:Page 140. Under and subject to any and all covenants, conditions, reservations, restrictions, limitations, right-of-ways, objections, easements, agreements, e1c., as they appear of record, Subject to easements, restriction's, and covenants of record. if any. Parcel Number: 46-06-0029/001B EXHIBIT "B" ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: August 5, 2009 To: Vicki A. Nickey 1489 Creek Road Carlisle, PA 17015 This is an official notice that the mortene on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SL1 DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU 29439 Aci 6-91 NEW 090505 doc EXHIBIT "C" CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): VICKI A. NICKEY and BRANDI NICKEY, aka BRANDI L. NICKEY PROPERTY ADDRESS: 1489 Creek Road Carlisle, PA 17015 LOAN ACCT. NO.: 13493541 ORIGINAL LENDER: American General Financial Services, Inc. CURRENT LENDER/SERVICER: American General Financial Services, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", XPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set 29439 Act 6-91 NEW 090805 doc forth at the end of this Notice.. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DA YS OF THA T MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTA YOF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATEAPPLIC:ATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHE'RIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) 29439 Act 6-91 NEW 090805 doc HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 1489 CREEK ROAD, CARLISLE, PA 17015 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: $496.95 DUE FOR JUNE, 2009 AND $606.87 DUE FOR JULY AND AUGUST, 2009 = $1,710.69 Other charges (explain/itemize): $60.69 DUE FOR LATE CHARGES FOR JULY 2009 TOTAL AMOUNT PAST DUE: $1,771.38 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.) HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,771.38, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: American General Financial Services, Inc. 6 S. Hanover Street Carlisle, PA 17013 Attn: Mandy Durst, Manager You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. 29439 Act 6-91 NEW 090805 doc IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to nay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE, -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: American General Financial Services, Inc. Address: 6 S. Hanover Street Carlisle, PA 17013 Phone Number: (717) 243-6055 Fax Number: (717) 243-5546 Contact Person: Mandy Durst, Manager E-Mail Address: N/A EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. 29439 Act 6-91 NEW 090805_doc ASSUMPTION OF MORTGAGE -- You may or XX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY - SEE ATTACHED LIST (Fill in a list of all Counseling Agencies listed in Appendix C FOR THE COUNTY in which the property is located, using additional pages if necessary). SEE ATTACHED SHEET: Via Regular Mail, Certificate of Mailing Certified Mail, Return Receipt Requested 97160 3901 9846 2821 6696 FOX AND FOX 706 One Montgomery Plaza Norristown, PA 19401 29439 Act 6-91 NEW 090805 doc Attn: Craig H. Fox, Esquire (610) 275-7990 (610) 275-2866 fax CC: PHFA-HEMAP (via telefax (877) 207-0205) You have the right to dispute the validity of the debt. Unless you, within thirty days after receipt of this letter, dispute the validity of the debt, or any portion thereof, we will assume that the debt is valid. If you notify us in writing within thirty days, after receipt of this letter, that the debt or any portion thereof is disputed, we will obtain verification of the debt or a copy o1' any judgment against you representing the debt and a copy of such verification or judgment will be mailed to you. Upon your request directed to this office within thirty days after the receipt of this letter, we will provide you with the name and address of the original creditor, if different from the current creditor. If, within 30 days from the date of this Notice, the debt or any portion thereof is not disputed, or if payment is not received or if arrangements to pay are not made, the creditor may exercise its legal rights against you to collect the debt. To make payment arrangements, please call the creditor directly. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. THIS FIRM MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT, AND SHOULD NOT BE CONSTRUED TO BE, AN ATTEMPT TO COLLECT A DEBT. BUT MERELY AS A PROCEEDING TO ENFORCE A VALID LIEN AGAINST PROPERTY. WHICH LIEN SURVIVES BANRUPTCY DISCARGE. 29439 Act 6-91 NEW 090805 doc HEMAP Consumer Credit Counseling Agencies Report last updated: 8/1/2008 10:08:24 AM Center for Family Services, Inc. 213 Center Street Meadville, PA 16335 814.337.8450 Greater Erie Community Action Committee 18 West 9TH Street Erie, PA 16501 814.459.4581 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 724.981.5310 St. Martin Center 1701 Parade Street Erie, PA 16503 814.452.6113 CUMBERLAND County Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Hanisburg, PA 17104 717 232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 DELAWARE County Acorn Housing Corporation 846 North Broad Street Philadelphia, PA 19130 215.765.1221 Advocates for Financial Independence 202 East Hinkley Avenue Ridley Park, PA 19078 215.389.2810 American Credit Counseling Institute 175 Strafford Avenue Suite 1 Wayne. PA 19087 610.971.2210 888.212.6741 American Financial Counseling Services 175 Trafford Avenue Suite One Wayne, PA 19087 267.228.7903 800.490.3039 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 DAUPHIN County CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 American Red Cross of Chester 1729 Edgemont Avenue Chester, PA 19013 610.874.1484 APM 2147 North Sixth Street Philadelphia, PA 19122 215.235.6788 Carroll Park Community Council, Inc. 5218 Master Street Philadelphia, PA 19131 215.877.1157 29439 Act 6-91 NEW 090805.doc ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: August 5, 2009 To: Brandi Nickey, aka Brandi L. Nickey 1489 Creek Road Carlisle, PA 17015 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached palZes. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL 29439 Act 6-91 NEW 090805 doc PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): VICKI A. NICKEY and BRANDI NICKEY, aka BRANDI L. NICKEY PROPERTY ADDRESS: 1489 Creek Road Carlisle, PA 17015 LOAN ACCT. NO.: 13493541 ORIGINAL LENDER: American General Financial Services, Inc. CURRENT LENDER/SERVICER: American General Financial Services, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS_ HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one 29439 Ao 6-91 NEW 090805_doc face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILEA HEMAP APPLICA TIONAS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICA TION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTA Y OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). 29439 Act 6-91 NEW 090805 doc NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 1489 CREEK ROAD, CARLISLE, PA 17015 IS SERIOUSLY IN DEFAULT because: B. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: $496.95 DUE FOR JUNE, 2009 AND $606.87 DUE FOR JULY AND AUGUST 2009 = $1,710.69 Other charges (explain/itemize): $60.69 DUE FOR LATE CHARGES FOR JULY, 2009 TOTAL AMOUNT PAST DUE: $1,771.38 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.) HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,771.38, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: American General Financial Services, Inc. 6 S. Hanover Street Carlisle, PA 17013 Attn: Mandy Durst, Manager You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged Property 29439 Act 6-91 NEW 090805 doc IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the! mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: American General Financial Services, Inc. Address: 6 S. Hanover Street Carlisle, PA 17013 Phone Number: (717) 243-6055 Fax Number: (717) 243-5546 Contact Person: Mandy Durst, Manager E-Mail Address: N/A EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. 29439 Act 6-91 NEW 090805.doc 11 ASSUMPTION OF MORTGAGE -- You may or XX_ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY- SEE ATTACHED LIST (Fill in a list of all Counselinz Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, usinz additional pates if necessary). SEE ATTACHED SHEET: Via Regular Mail, Certificate of Mailing Certified Mail, Return Receipt Requested #7160 3901 9846 2821 6702 FOX AND FOX 706 One Montgomery Plaza Norristown, PA 19401 Attn: Craig H. Fox, Esquire (610) 275-7990 29439 Act 6-91 N6W 090805.doc (610) 275-2866 fax CC: PHFA-HEMAP (via telefax (877) 207-0205) You have the right to dispute the validity of the debt. Unless you, within thirty days after receipt of this letter, dispute the validity of the debt, or any portion thereof, we will assume that the debt is valid. If you notify us in writing within thirty days, after receipt of this letter, that the debt or any portion thereof is disputed, we will obtain verification of the debt or a copy of any judgment against you representing the debt and a copy of such verification or judgment will be mailed to you. Upon your request directed to this office within thirty days after the receipt of this letter, we will provide you with the name and address of the original creditor, if different from the current creditor. If, within 30 days from the date of this Notice, the debt or any portion thereof is not disputed, or if payment is not received or if arrangements to pay are not made, the creditor may exercise its legal rights against you to collect the debt. To make payment arrangements, please call the creditor directly. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. THIS FIRM MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT, AND SHOULD NOT BE CONSTRUED TO BE, AN ATTEMPT TO COLLECT A DEBT, BUT MERELY AS A PROCEEDING TO ENFORCE A VALID LIEN AGAINST PROPERTY. WHICH LIEN SURVIVES BANRUPTCY DISCARGE. 29439 Act 6-91 NEW 090805.doc HEMAP Consumer Credit Counseling Agencies Report last updated: 8/1/2008 10:08:24 AM Center for Family Services, Inc. 213 Center Street Meadville, PA 16335 814.337.8450 Greater Erie Community Action Committee 18 West 9TH Street Erie, PA 16501 814.459.4581 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 724.981.5310 St. Martin Center 1701 Parade Street Erie, PA 16503 814.452.6113 CUMBERLAND County Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888 511.2227 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 DAUPHIN County CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 29439 Act 6-91 NEW 090805 doc Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342 2397 DELAWARE County Acorn Housing Corporation 846 North Broad Street Philadelphia, PA 19130 215.765.1221 Advocates for Financial Independence 202 East Hinkley Avenue Ridley Park, PA 19078 215.389.2810 American Credit Counseling Institute 175 Strafford Avenue Suite 1 Wayne, PA 19087 610 971.2210 888 212 6741 American Financial Counseling Services 175 Trafford Avenue Suite One Wayne, PA 19087 267.2283903 800.490.3039 American Red Cross of Chester 1729 Edgemont Avenue Chester, PA 19013 610.874.1484 APM 2147 North Sixth Street Philadelphia, PA 19122 215.235.6788 Carroll Park Community Council, Inc. 5218 Master Street Philadelphia, PA 19131 215.877.1157 I F 2: Article Number w C. 'f . XI i D. 71,60 3901- g646 2821 6696 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) ? Yes 1. Article Addressed to: 1449 Crook load Cerlis e• PA 17015 PS Form 3811, January 2005 2. Article Number -? - - 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? 1. Article Addressed to: ? Agent ? Addressee ? Yes ? No Brar l NiCkey, mks 14" Crook l"d PP Form 3811, January 2oo5 Domestic Return Receipt If YES, enter delivery address below: ? Agent ? Addressee ? Yes ? No Domestic Return Receipt i? I ? mf 000 ?o v 9906-000-ZO-0£SL NSd LOOZ I!jdy'L?gg wmd Sd A Q o t? O W 00 0 il ?a ?,Q a nvnv 'uaaTn ro? N Z u-0 a t,i 00 OTN ?Puezg of co _ No Q Ha OlsTa30N , O"L71Vn O O r2 N u a xo'a • H 2TE37 :wad •ti spew lauol}ewa}w pue ogsawop io} pesn eq Few wjo} s,y1 • 6uplew lo} psdsfl o} pawaswI uaaq sey I!ew ley, aouapma s.p,-,d 6wl,m }o ateoylya? siyl umew 10 84e31114ja0 0 331ALW79JS0d? S31g1SO311N17 00 T. N m mow 14000 U S d? a n. `, t N ?Q7C? t \? rn X o 0 U-) X LL t7 rr) W V J S ??11Nn No o 9906-000-ZO-OCGL NSd LOOZ I!jdy'/ X82 U-j Sd V0*76V Vd ,o-4sT-TaON S3lW a311NR a XO •#j SI'? :wad pew p3u jalw pue sawo pes ??aq Re w?q soul A4iew col G)Sdsn of pa}ueswd uaaq sey pew Wq4 eoueptne sapinoid 6wpeW io a}eogryec) siyl V E R I F I C A T I O N The undersigned hereby states that he is a representative of plaintiff in the within captioned action; that I am authorized to make this Verification on its behalf; and that the facts set forth in the foregoing Civil Action Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification to authorities. Date: i c?,? IU?I ' v Name : ?, 17i??S1 T i t 1 e CS) FILLED- ++[E T! r rjTAPY 2009 CEC 14 1'41 1: 3Z s9a.od C- u 873 i}?- o23SdIt G:\AMER-GEN\1ARGE\9400.45 M.CMP.DOC FOX AND FOX By: Craig H. Fox, Esquire Attorney I.D. #49509 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 AMERICAN GENERAL FINANCIAL SERVICES, INC. 6 S. Hanover Street Carlisle, PA 17013 v. VICKI A. NICKEY and BRANDI L. NICKEY, aka BRANDI NICKEY 1489 Creek Road Carlisle, PA 17015 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. ©Q -0-07 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff in the above captioned matter. FOX AND FOX By: //? Z04 Crag H Fox, At or y for Plat tiff RILED- & rivE C 2009 DEC I PH 1: 32 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor 11mbrt, ?"I# =x' ?MFF American General Financial Services, Inc. vs. Vicki A. Nickey Case Number 2009-8607 SHERIFF'S RETURN OF SERVICE 12/16/2009 05:00 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 16, 2009 at 1700 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Vicki A. Nickey, by making known unto herself personally, at 1489 Creek Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 12/23/2009 01:33 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on December 23, 2009 at 1333 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Brandi L. Nickey, by making known unto herself personally, at 60 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $54.80 December 28, 2009 SO ANSWERS, FY R ANDERSON, SSHERI gy V ?---- Deputy Sheriff OF TW MO 3G? 2811 JAN -6 AN 8t 46 PSWMYW Depu Sheriff " - - tySuite Sheriff. Telecsc't, Inc. G:\AMER-GEN\LARGE\9400-45 D.JDG.DOC FOX AND FOX BY: CRAIG H. FOX Identification No. 49509 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 AMERICAN GENERAL FINANCIAL SERVICES, INC. 6 S. Hanover Street Carlisle, PA 17013 V. VICKI A. NICKEY and BRANDI L. NICKEY, aka BRANDI NICKEY 1489 Creek Road Carlisle, PA 17015 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 09-8607 Civil Term Notice is given that a judgment by default April the above captioned matter has been entered against you on April (o4' 2010. )? PROTHONO ARY If you have any questions concerning the above please contact: CRAIG H. FOX, ESQUIRE Attorney for Party Filing FOX AND FOX 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 20 10 AFR -6 Ai H: 33 FOX AND FOX By: Craig H. Fox, Esquire - Attorney I . D . No. 49509 706 One Montgomery Plaza Norristown, PA 19401 Attorney for Plaintiff (610) 275-7990 AMERICAN GENERAL FINANCIAL SERVICES, INC. 6 S. Hanover Street Carlisle, PA 17013 V. VICKI A. NICKEY and BRANDI L. NICKEY, aka BRANDI NICKEY 1489 Creek Road Carlisle, PA 17015 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 09-8607 Civil Term PRAECIPE FOR ENTRY OF JUDGMENT FOR FAILURE TO FILE AN ANSWER AND ASSESSMENT OF DAMAGES TO THE OFFICE OF THE PROTHONOTARY: Kindly enter judgment in favor of the plaintiff and against the Defendants, VICKI A. NICKEY and BRANDI L. NICKEY, aka BRANDI NICKEY in the above case for failure to file an Answer to Plaintiff's Complaint in the sum of $45,932.21 in accordance with the assessment of damages below. Kindly: (1) assess the damages in the above matter against the defendants, VICKI A. NICKEY and BRANDI L. NICKEY, aka BRANDI NICKEY as follows: Outstanding Principal: $37,205.93 +I4.oo PA ATr14 e((--v 4535 ?a?ee lUa,c? Accrued but unpaid interest as of December 3, 2009 Late charges Reasonable Attorney's Fees TOTAL $ 3,422.83 $ 303.45 $ 5,000.00 $45,932.21 * Interest from December 4, 2009 through date of full repayment of the debt accrues at the contract rate. Late charges also accrue as set forth in the Loan Documents. (2) enter judgment in Mortgage Foreclosure and for the foreclosure and sale of the mortgaged property. I hereby certify that Defendants were served with a copy of Complaint by the Sheriff on December 16, 2009 and December 23, 2009, respectively, as evidenced by the Sheriff Return of Service form attached hereto and that ten (10) day Notices of Intent to take Default were sent to the Defendants on January 20, 2010, via Certificate of Mailing. DATED: H5/TOX for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY ny R Anderson iff S Smith f Deputy' and L Schorpp !itnr ICE,,; ... eRtF American General Financial Services, Inc. V& Vicki A. Nickey Case Number 2009-8607 SHERIFF'S RETURN OF SERVICE 1 16/2009 05:00 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 16, 2009 at 1700 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Vicki A. Nickey, by making known unto herself personally, at 1489 Creek Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 01:33 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on December 23, 2009 at 1333 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Brandi L. Nickey, by making known unto herself personally, at 60 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. COST: $54.80 SO ANSWERS, R ANDERSON, SHERI_, 28, 2009 gy, Deputy Sheriff Depu Sheriff EXHIBIT "A" C.'. Gou:; kl&m, Srra, f. 7ee?eoso`t. Inc. G:\AMER-GEN\LARGE\9400-45 10 DAY.NOT.DOC FOX AND FOX By: Craig H. Fox, Esquire Attorney I.D. No. 49509 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 AMERICAN GENERAL FINANCIAL SERVICES, INC. 6 S. Hanover Street Carlisle, PA 17013 v. VICKI A. NICKEY and BRANDI L. NICKEY, aka BRANDI NICKEY 1489 Creek Road Carlisle, PA 17015 TO: Brandi L. Nickey, aka Brandi Nickey 60 Noble Blvd. Carlisle, PA 17015 DATE OF NOTICE: January 20, 2010 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 09-8607 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY EXHIBIT "B" OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 If you have any questions concerning this notice, please call: Craig H. Fox FOX AND FOX 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 Crai H. Fox, Esqu-re G:\AMER-GEN\LARGE\9400-45 10 DAY.NOT.DOC FOX AND FOX By: Craig H. Fox, Esquire Attorney I.D. No. 49509 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 Attorney for Plaintiff AMERICAN GENERAL FINANCIAL COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY, PA 6 S. Hanover Street Carlisle, PA 17013 No. 09-8607 Civil Term V. VICKI A. NICKEY and BRANDI L. NICKEY, aka BRANDI NICKEY 1489 Creek Road Carlisle, PA 17015 TO: Brandi L. Nickey, aka Brandi Nickey 1489 Creek Road Carlisle, PA 17015 DATE OF NOTICE: January 20, 2010 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 If you have any questions concerning this notice, please call: Craig H. Fox FOX AND FOX 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 Craig H Fox, Es i e G:\AMER-GEN\LARGE\9400-45 10 DAY.NOT.DOC FOX AND FOX By: Craig H. Fox, Esquire Attorney I.D. No. 49509 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 Attorney for Plaintiff AMERICAN GENERAL FINANCIAL SERVICES, INC. 6 S. Hanover Street Carlisle, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 09-8607 Civil Term v. VICKI A. NICKEY and BRANDI L. NICKEY, aka BRANDI NICKEY 1489 Creek Road Carlisle, PA 17015 TO: Vicki A. Nickey 1489 Creek Road Carlisle, PA 17015 DATE OF NOTICE: January 20, 2010 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 If you have any questions concerning this notice, please call: Craig H. Fox FOX AND FOX 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 Cra Fox, squi e aff M UNITWSMTES Ad'/ POSM SOWE* This Certificate if Mailing provides evident Th s form may t e used for domestic and in Flumo Craig H. Fox, FOX AND FOX T. Brandi L. Nickey, kaa Q To pay tee, affix stamps or v®® WTNEY BOWES $ 01.150 1509p JAN 20 2010 =ROIV?1 CODE 19401 Lmiark Here 1489 Creek Road Carlisle, PA 17015 PS Form 31317, April 2007 PSN 7530-02-000-9065 Li , UNnW STATES pnS77 Sawla. Certificate Of Mailing ,r This Certificate of Mailing provides evidence that mail hasd been presented to USPS@ for mailing TlI s form may be used 'o-dome s,•C arid international ma. Frain: Craig H. Fox, Esquire OXD- FOX . ; tea„. 4 v N r -s - -- 'PA 14481 To: Vicki A. Nickey 1489 Creek Road Carlisle, PA 17015 _-a s? Y PS Form 31317, April 2007 PSN 7530-02-000-9065 4 R N Unu1to ?(46 L 4A 0 0 zO< M N W& <n N ? ? A O O O C7 nTEDS7STES Q ?P unO.itdtMMfl 'v Certificate Of Mailing This ?ertificata of Mailing Provides evidence that mall nas been presented to USPS® formaOrm I m p VL This :orm may be used for domestic and international mail N From: Craig H. Fox, Esquire - Ca o FOX AND FOX ea 9. .1:i ontgomery aza m -?darr•? , ? ? ? ? Q C0 'A To: Brandi L. Nickey, kaa q Branal o- C ey ?Q3tMn o o _60 -11ohIe- R1 yd Carlisle PA 17015 PS Form 3$17, April 2007 PSN 7530-02-000-9065 FOX AND FOX By: Craig H. Fox, Esquire Attorney I.D. #49509 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 AMERICAN GENERAL FINANCIAL SERVICES, INC. 6 S. Hanover Street Carlisle, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 09-8607 Civil Term V. VICKI A. NICKEY and BRANDI L. NICKEY, aka BRANDI NICKEY 1489 Creek Road Carlisle, PA 17015 AFFIDAVIT OF NON-MILITARY SERVICE Craig H. Fox, Esquire hereby verifies that he represents the Plaintiff in the above entitled case; that he is authorized to make this verification on behalf of the Plaintiff; that to the best of his knowledge, information and belief the above named Defendants are over 18 years of age; the address of Defendants are a listed in the caption of this pleading; the occupation of Defendants are unknown; and Defendants are not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldier's and the Sailor's Civil Relief Act of 1940 and the amendments thereto. Deponent further states that he understand that these statements are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Cra g o Att ey for Plaintiff Sworn to and subscribed before s c2 day of C 2010 Notary Public NOTARIAL SEAL LOIS S. FOX, Notary Public Norristown Boro, Montgomery County Commission Expires Ma 30, 2013 FOX AND FOX By: Craig H. Fox, Esquire Attorney I.D. No. 49509 706 One Montgomery Plaza Norristown, PA 19401 Attorney for Plaintiff (610) 275-7990 AMERICAN GENERAL FINANCIAL SERVICES, INC. 6 S. Hanover Street Carlisle, PA 17013 V. VICKI A. NICKEY and BRANDI L. NICKEY, aka BRANDI NICKEY 1489 Creek Road Carlisle, PA 17015 CERTIFICATION COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 09-8607 Civil Term The undersigned does hereby certify that Defendants were served with a copy of Complaint by the Sheriff on December 16, 2009 and December 23, 2009, respectively, as evidenced by the Sheriff Return of Service form attached hereto and that ten (10) day Notices of Intent to take Default were sent to the Defendants on January 20, 2010, via Certificate of Mailing. 1TI THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: American General Financial Services, Inc. v. Vicki A. Nickey and Brandi L. Nickey, aka Brandi Nickey TO THE PROTHONOTARY OF THE SAID COURT: N C7 i~ 2~• c.,~ -s~ w ^ Confessed Judgment -- ® Other Mortgage Foreclosure File No. 09-8607 Civj ~ Term Amount Due 45 , 932.21 Interest ~ ~~.- I z-~(- a Atty's Comm Costs 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. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following descnbed property of the defendant (s) 1489 Creek Road Carlisle, PA 17015 (SEE ATTACHED LEGAL DESCRIPTION) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, far 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 S- l ~- L ~ Signature: _ O Print Name: Craig H. Fox, Esqu re ~01.~.00 Qp p'T"t^/ Address: 706 One Montgomery Plaza ~ 5~- 0 0 costs 8 r Norristown, PA 19401 S ~y • ~~ ~~ ~~ Attorney for: Plaintiff s ) N 0 D " " Telephone: (610) 275-7990 g a, ,s 0 pdt `~~"7 Supreme Court ID No: 49509 9'~.UO ~u~~ Co. s ~ SD ~ ~-z ~-L `~ 9970 e~ ~.~k2~ ~~ ~ v `trt _~ R7 ~rn z t~ `~ ~:~' _, --., ~w FOX and FOX, Attorneys-At-Law By: CRAIG H. FOX Identification No. 49509 Attorneys For Plaintiff Suite 706, One Montgomery Plaza Airy and Swede Streets Norristown, PA 19401 (610) 275-7990 -------------------------------- AMERICAN GENERAL FINANCIAL COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY, PA 6 S. Hanover Street Carlisle, PA 17013 No. 09-8607 Civil Term v . C7 ~ ~_, ~~~ ~ --~ VICKI A. NICKEY and n-~ ,- r-. _~-; .a . ~- --~c ~ -sz BRANDI L. NICKEY, aka . ~~> ~ BRANDI NICKEY ~( ~: "~~ 1489 Creek Road _ ~~~: ~ '~~' Carlisle, PA 17015 ~'c? w ~'~'~' ~ ACT 91 CERTIFICATION ~ I, Craig H. Fox, Esquire, attorney for plaintiff, American General Financial Services, Inc., being duly sworn according to law, depose and say that to the best of his knowledge, information and belief, notices of possible eligibility for the emergency mortgage assistance program were sent to the defendants at their address, pursuant to Act 91 of the 1983 on August 5, 2009. Plaintiff has not been notified of any action by the Pennsylvania Housing Finance Agency which would bar it from proceeding with this foreclosure under Act 91. AtItlGnev for Plaintlif f Sworn to and subs~ibed befo~~~ this J1 day of ,.. /~ , ,/ 2010 . Notary Public LOTS S. FOX, Notary public N0?% Montgorn~, Canty ---~. ~ May 30, 2013 i G:\AMER-GEN\L~F.RGE\9400-45.SS.DOC F1LE~J-t~~~~"',1E ,. ~ n,.4.;~~:~,t; ~.1F ~~-~E ~ f'~~,~ , . ,~.. '~ . FOX AND FOX By: Craig H. Fox, Esquire Attorney I.D. No. 49509 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 AMERICAN GENERAL FINANCIAL SERVICES, INC. 6 S. Hanover Street Carlisle, PA 17013 v. VICKI A. NICKEY and BRANDI L. NICKEY, aka BRANDI NICKEY 1489 Creek Road Carlisle, PA 17015 2010 i`~~tY f 3 PAS 3~ i 0 ~' ~ ~ f v 5}' ~.Vl~ ~~l Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 09-8607 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1,2,3 AMERICAN GENERAL FINANCCAL SERVICES, INC., plaintiff in the above-captioned action, comes by its attorney and sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 1489 Creek Road, Cumberland County, Carlisle, PA 17015 (see property descriptions attached). 1. Name and address of Owners or Reputed Owners: Name Address (if address cannot be reasonably ascertained, please so indicate) VICKI A. NICKEY 1489 Creek Road Carlisle, PA 17015 BRANDI L. NICKEY, aka BRANDI NICKEY 1489 Creek Road Carlisle, PA 17015 And 60 Noble Blvd. Carlisle, PA 17015 2. Name and address of Defendants in the judgment: Name VICKI A. NICKEY BRANDI L. NICKEY, aka BRANDI NICKEY Address (if address cannot be reasonably ascertained, please so indicate) 1489 Creek Road Carlisle, pa 17015 1489 Creek Road Carlisle, PA 17015 And 60 Noble Blvd. Carlisle, PA 17015 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: a) Cumberland County Tax Claim Bureau (717) 240-6366 b) Domestic Relations of Cumberland County (717) 240-6225 a) 1 Courthouse Square Old Courthouse Carlisle, PA 17013 b) 13 N. Hanover Street P.O. Box 320 Carlisle, PA 17013 c) West Pennsboro Township c) 2150 Newville Road (717) 243-8220 Carlisle, PA 17015 d) Big Spring Area School District (717) 776-2406 d) 45 Mount Rock Road Newville, PA 17241 e) West Pennsboro Township e) c/o W. Pennsboro Township (sewer) 2150 Newville Road Carlisle, PA 17015 f) PA Dept. of Public Welfare f) Bureau of Child Support Enforcement P.O. Box 8018 Harrisburg, PA 17105-8018 g) PA Dept. of Revenue h) Deborah Piper, local tax collector (717) 243-5282 i) Jonestown Bank j) Target National Bank g) The Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA 17128-1230 h) 350 Barnstable Road Carlisle, PA 17015 i) 421 E. Penn Avenue Cleona, PA 17042 j) Mailstop 3C-G Minneapolis, MN 54416 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) a) American General a) 6 S. Hanover Street Financial Services, Inc. Carlisle, PA 17013 b) LPP Mortgage LTD b) 6000 Legacy Drive Plano, TX 75024 5. Name and address of every other person who has any record lien on the property: Only those listed in 3 and 4 above. 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Only those listed in 3 and 4 above. 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Only those listed in 3 and 4 above. I verify that I am the attorney for the plaintiff, American General Financial Services, Inc., in this action; that I am authorized to take this Verification on their behalf; and that the statements made in this Verification are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unsworn falsification to authorities. Date: LEGAL PROPERTY DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a railroad spike in Creek Road (T-427) at the dividing line between Lots Nos. 2 and 3 on the hereinafter mentioned Subdivision Plan; thence along the said dividing line, North 00 degrees 40 minutes Ol second East, 325.06 feet to an iron pin; thence along lands now or formerly of Chester C. Weaver, South 57 degrees 44 minutes 56 seconds East, 192.10 feet to a chestnut tree; thence along the dividing line between Lots Nos. 1 and 2 on said Subdivisions Plan, South Ol degree 38 minutes 54 seconds West, 217.03 feet to a railroad spike set in Creek Road (T-427) at the dividing line between Lots Nos. 1 and 2 on said Subdivision Plan; thence within the said Creek Road, South 88 degrees 00 minutes 00 seconds West, 160.10 feet to a point, the place of beginning. BEING further described as Lot No. 2 of the Subdivision Plan for James E. Mosemann and Mary Louise Mosemann, prepared by Eugene Hockensmith, R.S., dated July 3, 1987 and recorded in Cumberland County Plan Book 53 page 140. THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. BEING Parcel No. 46-06-0029-OOlB. TITLE IS VESTED IN Vicki A. Nickey, by Deed from Vicki A. Nickey, widow, dated 6/16/2004 and recorded 6/17/2004 in Record Book 263, Page 3004. IMPROVEMENTS: Single family ranch LEON H. Fox, .JR.° CRAIG H. FOX°~~ .JEFFREY V. MATTEO° PETER H. THOMAS° SCOTT L. H. RUBIN°Y~ .JOSEPH B. WASSEL°~ BENJAMIN E. WITHER°~ PAUL S. BADAME° ~ ADMITTED TO PENNSYLVANIA BAR ADMITTED TU NEW JERSEY BAR AL50 + ADMITTED TO FLORIDA BAR ALSO D LL.M IN TRIAL ADVOCACY if MASTERS IN BUSINE SS ADMIN ISTRATION TO: OWNER(S): PROPERTY: FOX AND FOX ATTORNEYS - AT -LAW SUITE 706 ONE MONTGOMERY PLAZA AIRY ~c SWEDE STREETS NORRISTOWN, PA 19401 (610) 275-7990 FAx (610) 275-2866 May 11, 2010 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY T :x.. '{;,t (tii !"T'? r _,r _-_ All Parties In Interest And Claimants ~',>;. t: VICKI A. NICKEY ~'-'~_ ~' c_ 1489 Creek Road, Cumberland County, Carlisl, 17015 (See attached description) IMPROVEMENTS: Single family ranch TAX PARCEL(S): 46-06-0029-OOlB LEON H. Fox 1901-1982 JAMES P. FOX 1936-I 999 SHIRLEE ANN MILLER ESTATE PARALEGAL h.~ Q `T1 ~~~ -~ ~ °i W ~ ~ :., "{ty '~7 ) '` ~~ .f (TI ~:? .~= i .~. Pz~ C:t The above-captioned property is scheduled to be sold on Wednesday, September 8, 2010 at 10:00 a.m., at the Cumberland County Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the properties 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. You should check with the Sheriff's Office, by calling (717) 240-6390, to determine the actual date and time of the filing of said schedule. Cra~g~Y. Fox Attorney for Plainti f LEGAL PROPERTY DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a railroad spike in Creek Road (T-427) at the dividing line between Lots Nos. 2 and 3 on the hereinafter mentioned Subdivision Plan; thence along the said dividing line, North 00 degrees 40 minutes O1 second East, 325.06 feet to an iron pin; thence along lands now or formerly of Chester C. Weaver, South 57 degrees 44 minutes 56 seconds East, 192.10 feet to a chestnut tree; thence along the dividing line between Lots Nos. 1 and 2 on said Subdivisions Plan, South O1 degree 38 minutes 54 seconds West, 217.03 feet to a railroad spike set in Creek Road (T-427) at the dividing line between Lots Nos. 1 and 2 on said Subdivision Plan; thence within the said Creek Road, South 88 degrees 00 minutes 00 seconds West, 160.10 feet to a point, the place of beginning. BEING further described as Lot No. 2 of the Subdivision Plan for James E. Mosemann and Mary Louise Mosemann, prepared by Eugene Hockensmith, R.S., dated July 3, 1987 and recorded in Cumberland County Plan Book 53 page 140. THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. BEING Parcel No. 46-06-0029-OOlB. TITLE IS VESTED IN Vicki A. Nickey, by Deed from Vicki A. Nickey, widow, dated 6/16/2004 and recorded 6/17/2004 in Record Book 263, Page 3004. IMPROVEMENTS: Single family ranch FOX and FOX, Attorneys-At-Law By: CRAIG H. FOX Identification No. 49509 Suite 706, One Montgomery Plaza Airy and Swede Streets Norristown, PA 19401 (610) 275-7990 -------------------------------- AMERICAN GENERAL FINANCIAL SERVICES, INC. 6 S. Hanover Street Carlisle, PA 17013 v. VICKI A. NICKEY and BRANDI L. NICKEY, aka BRANDI NICKEY 1489 Creek Road Carlisle, PA 17015 Attorneys For Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 09-8607 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: VICKI A. NICKEY 1489 Creek Road ~ ~ ° Carlisle, PA 17015 ~ _ ~ =r -r k- -- -< ~`t Brandi L. Nickey, aka : nr'~ "' ~`~ Brandi Nickey , Vii=:` w ._~ =•~_. . 1489 Creek Road ~`~` -a ~. T =: Carlisle, PA 17015 ~'~' ~ And ~ -- ~ 60 Noble Blvd. Carlisle, PA 17015 Your real estate located at 1489 Creek Road, Cumberland County, Carlisle, PA 17015 (See property description attached) is scheduled to be sold at Sheriff's Sale on Wednesday, September 8, 2010 at 10:00 a.m., at the Cumberland County Courthouse, Carlisle, PA, to enforce the presently outstanding court judgment of $45,932.21, plus interest at the contract rate and costs, obtained by American General Financial Services, Inc. against you. LEGAL PROPERTY DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a railroad spike in Creek Road (T-427) at the dividing line between Lots Nos. 2 and 3 on the hereinafter mentioned Subdivision Plan; thence along the said dividing line, North 00 degrees 40 minutes O1 second East, 325.06 feet to an iron pin; thence along lands now or formerly of Chester C. Weaver, South 57 degrees 44 minutes 56 seconds East, 192.10 feet to a chestnut tree; thence along the dividing line between Lots Nos. 1 and 2 on said Subdivisions Plan, South O1 degree 38 minutes 54 seconds West, 217.03 feet to a railroad spike set in Creek Road (T-427) at the dividing line between Lots Nos. 1 and 2 on said Subdivision Plan; thence within the said Creek Road, South 88 degrees 00 minutes 00 seconds West, 160.10 feet to a point, the place of beginning. BEING further described as Lot No. 2 of the Subdivision Plan for James E. Mosemann and Mary Louise Mosemann, prepared by Eugene Hockensmith, R.S., dated July 3, 1987 and recorded in Cumberland County Plan Book 53 page 140. THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. BEING Parcel No. 46-06-0029-OOlB. TITLE IS VESTED IN Vicki A. Nickey, by Deed from Vicki A. Nickey, widow, dated 6/16/2004 and recorded 6/17/2004 in Record Book 263, Page 3004. IMPROVEMENTS: Single family ranch NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. This sale will be canceled if you pay the judgment to Craig H. Fox, Esquire, 706 One Montgomery Plaza, Norristown, PA 19401. To find out how much you must pay, you may call (610) 275-7990. 2. You may be able to stop the sale by filing a petition asking the court to strike or open the judgment, if the judgment was improperly entered. You may also ask the court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff's Office at (717) 240-6390 or Craig H. Fox, Esquire at (610) 275-7990. 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 in the sale. To find out if this has happened you may call the Sheriff's Office at (717) 240-6390 or Craig H. Fox, Esquire at (610) 275-7990. 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(s) 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 house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on the 30th day after 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 distribution is wrong) are filed with the Sheriff within ten (10) days of the preparation of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-8607 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due American General Financial Services, Inc. Plaintiff (s) From Vicki A. Nickey and Brandi L. Nickey, aka Brandi Nickey (I) 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$45,932.21 Interest from 12-04-09 Atty's Comm Atty Paid $990.62 Plaintiff Paid ;late: MAY 13, 2010 (S~»i) REQUESTING PARTY: Deputy Name Craig H. Fox, Esquire Address: Fox and Fox, 706 One Montgomery Plaza, Norristown, PA 19401 Attorney for: Plaintiff L.L.$.50 Due Prothy $2.00 Other Costs Da ' uell, Prothon tary By: Telephone: 610-275-7990 Supreme Court ID No. 49509 FOX and FOX, Attorneys-At-Law By: CRAIG H. FOX Identification No. 49509 Suite 706, One Montgomery Plaza Airy and Swede Streets Norristown, PA 19401 (610) 275-7990 -------------------------------- AMERICAN GENERAL FINANCIAL SERVICES, INC. 6 S. Hanover Street Carlisle, PA 17013 v. VICKI A. NICKEY and BRANDI L. NICKEY, aka BRANDI NICKEY 1489 Creek Road Carlisle, PA 17015 Attorneys For Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No . 09-8607 Civil ~Ter~ o , .. ~~ •~ '/ _- c~ Q .~ . ~..1 T? - c-, ~...,, ~ . ` ._- ~ , :~ f. •-~' AFFIDAVIT OF SERVICE N r Craig H. Fox, attorney for Plaintiff, American General Financial Services, Inc., being duly sworn according to law, states the following: 1. True and correct copies of a Notice of Sheriff's Sale of Real Property with reference to this scheduled Sheriff's Sale were forwarded to the attached parties in interest on June 4, 2010 via regular first class mail, Certificate of Mailing, postage pre-paid. 2. True and correct copies of the Notices are attached hereto as Exhibit "A" and copies of the certificates of mailing are attached hereto collectively as Exhibit "B" 3. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Sworn to and Subscribed before e this ~ day of ' _ 20 tary r~w~u;'n+oF gram-vMu NOTARIAL SEJ1L PFIYLLIS M. GR1Ff IN, Notary ~t~ublc •~ ~ 29,201! LEON H. Fox, JR.° CRAIG H. Fox°i+ JEFFREY V. MATTEO° PETER H. THOMAS° ScorT L. H. RusINpY° JOSEPH B. WASSEL°' BENJAMIN E. WITMER°# PAUL S. BADAME° ° ADMITTED TO PENNSYLVANIA BAR ~ ADMITTED TU NEW JERSEY BAR AL50 + ADMITTED TO FLORIDA BAR ALSO O LL.M IN TRIAL ADVOCACY # MASTERS IN BUSINESS ADMINISTRATION June 4, 2010 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: OWNER (S) PROPERTY: IMPROVEMENTS FOX AND FO X ATTORNEYS - AT -LAW SUITE 706 ONE MONTGOMERY PLAZA AIRY & SWEDE STREETS NORRISTOWN, PA 19401 (610) 275-7990 Fax 1610) 275-2866 All Parties In Interest And Claimants VICKI A. NICKEY LEON H, FOX 1901-1982 JAMES P. FOX 1936- 1999 SHIRLEE ANN MILLER ESTATE PARALEGAL 1489 Creek Road, Cumberland County, Carlisle, PA 17015 (See attached description) Single family ranch TAX PARCEL(S): 46-06-0029-OOlB The above-captioned property is scheduled to be sold on Wednesday, September 8, 2010 at 10:00 a.m., at the Cumberland County Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the properties 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. You should check with the Sheriff's Office, by calling (717) 240-6390, to .determine the actual date and time of the filing of said schedule. Craig H. ox Attorn y fcr Plaintiff LEGAL PROPERTY DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a railroad spike in Creek Road (T-427) at the dividing line between Lots Nos. 2 and 3 on the hereinafter mentioned Subdivision Plan; thence along the said dividing line, North 00 degrees 40 minutes O1 second East, 325.06 feet to an iron pin; thence along lands now or formerly of Chester C. Weaver, South 57 degrees 44 minutes 56 seconds East, 192.10 feet to a chestnut tree; thence along the dividing line between Lots Nos. 1 and 2 on said Subdivisions Plan, South O1 degree 38 minutes 54 seconds West, 217.03 feet to a railroad spike set in Creek Road (T-427) at the dividing line between Lots Nos. 1 and 2 on said Subdivision Plan; thence within the said Creek Road, South 88 degrees 00 minutes 00 seconds West, 160.10 feet to a point, the place of beginning. BEING further described as Lot No. 2 of the Subdivision Plan for James E. Mosemann and Mary Louise Mosemann, prepared by Eugene Hockensmith, R.S., dated July 3, 1987 and recorded in Cumberland County Plan Book 53 page 140. THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. BEING Parcel No. 46-06-0029-OOlB. TITLE IS VESTED IN Vicki A. Nickey, by Deed from Vicki A. Nickey, widow, dated 6/16/2004 and recorded 6/17/2004 in Record Book 263, Page 3004. IMPROVEMENTS: Single family ranch ,- uwtrrFOSrarts ~L' Certificate Of Mailing This CeRificate of Mailing provides evidence het mail has been presented to USPS® for maNing. 1 nis brm may tie used for domestic antl international mail. From: Craig H. Fox, Esquire ~FaR- ANI3- To: Target National Bank _4 Mail Stop 3C-G Minneapolis, MN 5441 40. PS f=orm 31317, April 2007 PSN 7530-02-000-9065 y F"I ~' ~; ~ un~mEUSrerEs ~' Certificate Of Mailin This Certificate of MaYinc provides evidence that mail has been This form maybe used for domestic and intonational meA presented to USPS®for meXing. From: Craig H. Fox, Esquire ~_., -4 ~-~: Jonestown Bank 421 E. Penn Avenue Cleona, PA 17042 '~ Frxrp 3817, April 2007 PSN 7530-02-000-9065 ~ ~ ~~> ~~ N u~Os 9~ W ~~ o~~zli z0 i _ A~ I m °~ ~I m N ul w A O O O ~ O "' u"~°~ ~o~ -~ ~ ~~ n. ~~ 0 ~~ N ~ I ~`~9' Oz~~ m orb aI _ .c, t[) N ~, A O 0 0 ,o uiw~rEns7nrFs ,~LSERVKF• Certitica tin This Certificate of Mailing provides evidence that mail has been Ares aQt ~ .n This form maybe used !or domestic end international matl. . --~~ From: Craig H. Fox, Esqui ~ " ~~~' O f,~~, ~nr n u ----- - - ~ I _ • Cert~cate Of Mailing This Certificate of MaNing provides, evidence that mail has been presented to USPS®fw marling. This fxm ay be used fw domestic and iMemationel mail. From: Craig H. Fox, Esquire ~~~S~O~ unirrEnsrarFs l~nos~u s~viicF To: t, To: Deborah Piper, local ~+~-y-%""'~ tax collector 350 Barnstable Road Carlisle, PA 17015 PS >=orm 3$17, April 2007 PSN 7530-02-000-9065(',~~j~~ ~ ; ``yi { i . of xevenue ~ O N Vw~Os 0 w D ~ 9~ `• ~ ~ ~~ 0o ~ ~~ I ~ ~l o~ z O ~ m °j A • .~ I _ (A N ~, I A O O 1 ~ 0 - 42010 Attn: Sherif Saks Section P.O. Box 218230 Harrisburg, PA 17128-1230 PS f orrrt 3817, April 2007 PSN 7530-02-000-9065 unr>msnxm~s ~~' Certifipte Of Mailing This ~.,ertificata of MaAing provitles evidence the mail has been presented to USPS®tw mewing. This roan may De used !or domestic and international med. From:Craig H. Fox, Esquire To: LPP Mortgage LTD 6000 Legacy Drive Plano, TX 75024 ~uN a N uwr~0~ _ ~ ~~ wn l ~, ~ -~,1 ~ ~~~~~ N ~ I ~zo~ m o~ _A. (C/ N ~a M A O O O O . ~ A °~ ~ o N ~~S ~~o A ~` ~~ _~i, PS Form 3$17, Apra 2007 PSN 7530-02-000-9065 ~-CC.~;w \~' '~ o zo z~ i m o..i ~I _ a. I t0 N ii~ A O~ ~ 0 --` o O crN1r>~sreTEs ~'~• Certificate Of Mailin This Certificate of Mailing provides evidence fat mail has been presented to USPS®for mailing. 1 nis brm may tre used for domestic and intemational mail. From: Craig H. Fox, Esquire ~ ~~ 't O Wn~ . ,, Ta: Domestic Relations of~~ 9 _13 N. Hanover Street P.O. Box 320 ar is e, P a ,N s 2~ ~_ pro w ° A ' ~ ~~ 40'` ~ ~ I!~' ~,~ N 9r~ ~`~~ ~e o mz~~ O N~ A O ~ ui O a• I -• o O P:; l=am 3!317, April 2007 PSN 7530-02-OOQ-9065 uivrrEOSrnrfs ~s Certificate Of IVlailint This Certilicete of Mating provides evidence Ihet mail has been presente0 to USPS®for maNinr This form maybe used f[J domestic and international mau Froa,: Craig H. Fox, Esquire ,.~ Cumberland County _~~N- Old Courthouse 19~! ~`Garlisle, PA 17013 °S Frxm 3$17, April 2007 PS,,{N{ 75(30~-02-009065 -- 1 ~vL ~ J ~ o o ~~ O N cr+ D ~Y w ~~ ~~ v o~ ~~~ _ a^ I r0 N~ I A O~ O O j O u~srarts -___.__ fit' Certificate Of.L This Certificate of Maling provides evidence the mail has peen presentetl to USPS~, f ~maBrng This form may be used for domestic and intemationel mail. Fro^,:Craig H. Fox, Esquire ~rOR j p N ururro ~~ ~ ~- S=~ T,: PA Dept. of Public Welfar W Z '4~ !,~ Enforcement P.o. Box 8018 Harrisburg, PA 17 19 ~~~' 05 8018 z O , ~o~ e PS Fam 3617, April 2007 PSN 7530-02-000-8065 (~(. J ,~,~ ~'^ m N ~ i vv --~ ~ O u~vnFasterEs __ • Certificate Of Mailin4 Th!s Certificate >f Mailing provides evidence that mail has been presented to USPSm for mailing Tf!:^, form mey to used for domestic and iMemational mad. From: Craig H. Fox, Esquire ._~.rri atown PA 19401 To: Big Spring Area School Distrt. 45 Mount Rock Road ~ Newville, PA 17241 ~, j ~° PS Form 3!317, April 2007 PSN 7530-02-000-906 un~n~osrerEs _~~~• Certificate Of Mailing Thi, ~eKifioate of Marling provides avitlence that mail has been presented to USPSm for mailing. This :onn m be used for domestic end intemational mail. Frem: G~raig H. Fox, Esquire 7.8 ~o-va~~Airc~tAiRe~'T-iia$$ Norria,.~wn~ PA 19401 T~: West Pennsboro Townsh 0.= /'h f 2150 Newville Road /~~ Carlisle. PA 17015 fbi. PS Form 3617, Aprii 2G07 PSN 7530-02-000.9065 r' ~1 ~ ll> r a o ^_ u~O~ O w D ~ 9~ w --~ ~~' ~ ~~ ~ ~ ~ e z , m s. ~ d /~ o ~I~ ~ o o uw~`O a o N v `.''" ~ ~9~ A cn 11 Q o 1 t° ~' . ~c.-~R a z0 ~```` ~. mojR to N +~- w A O~ o c jo UN'17~STdTES. ~ POS7I~LSERVl~• CerYrficateOfNlaiiing This Certificate of Mailing provida~ evidence that mail has been presented to USPS~ for mailing. TI'~~s form may De usatl ~o-domee,.c and international mad. From: Craig H. Fox, Esquire -FO .~ .. ~ °o not u~~b _~Qr a owp,~ PA ] 9Gn ~ f, f,~ A,q A °~ 1 .~ s9 o W ~ ~' ~ To. West Pennsboro Township ~;' ,~~~ ~~ !7 cam..,,... I Z 2150 Newville Road \~ Carlisle, PA 17015 Ps corm 3317, April 2007 PSN 7530-02-000-9065 °~ Stu(? ~-1 ~ ~~ z0 m .o, ~. ~~N~~ A O~ O Q ~ O SHERIFF'$ OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?,jr of C111fib"tt b QFf CP 4'r- E --"ERIFF 1' 0FFIC t "-?..ta 1L? t1 `?? tu, T ?v f 2:0f f'EI' HSi'UVANIA American General Financial Services, Inc. vs. Case Number Vicki A. Nickey (et al.) 2009-8607 SHERIFF'S RETURN OF SERVICE 06/25/2010 08:21 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6-25-2010 at 0815 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 Vicki A. Nickey & Brandi L. Nickey, located at, 1489 Creek Road, Carlisle, Cumberland County, Pennsylvania according to law. 07/12/2010 02:39 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 7/12/1C at 1435 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Brandi L. Nickey, by making known unto, Brandi L. Nickey, personally, at, POE: Vision Center at Carlisle Walmart, 60 Noble Blvd, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 07/27/2010 04:58 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 7/27/10 at 1655 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Vicki A. Nickey, by making known unto, Vicki A. Nickey, personally, at, 748 Bloserville Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 08/26/2010 As directed by Craig H. Fox, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/8/2010 10/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Craig H. Fox on 10/5/10 SHERIFF COST: $1,791.39 October 12, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF Q .ao tvt - eo , .57) "1/0111 . ,&* ,) 1196y;7 (c) GountySuite Sheriff. Te!eosoR. Jn;. G:\AMER-GEN\LARGE\94(`/-45.SS.DOC FOX AND FOX By: Craig H. Fox, Esquire Attorney I.D. No. 49509 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 Attorney for Plaintiff AMERICAN GENERAL FINANCIAL COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY, PA 6 S. Hanover Street Carlisle, PA 17013 No. 09-8607 Civil Term V. VICKI A. NICKEY and BRANDI L. NICKEY, aka BRANDI NICKEY 1489 Creek Road Carlisle, PA 17015 AFFIDAVIT PURSUANT TO RULE 3129.1,2,3 AMERICAN GENERAL FINANICAL SERVICES, INC., plaintiff in the above-captioned action, comes by its attorney and sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 1489 Creek Road, Cumberland County, Carlisle, PA 17015 (see property descriptions attached). 1. Name and address of Owners or Reputed Owners: Name Address (if address cannot be reasonably ascertained, please so indicate) VICKI A. NICKEY 1489 Creek Road Carlisle, PA 17015 I I BRANDI L. NICKEY, aka BRANDI NICKEY 1489 Creek Road Carlisle, PA 17015 And 60 Noble Blvd. Carlisle, PA 17015 2. Name and address of Defendants in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) VICKI A. NICKEY 1489 Creek Road Carlisle, pa 17015 BRANDI L. NICKEY, aka BRANDI NICKEY 1489 Creek Road Carlisle, PA 17015 And 60 Noble Blvd. Carlisle, PA 17015 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: a) Cumberland County Tax Claim Bureau (717) 240-6366 a) 1 Courthouse Square Old Courthouse Carlisle, PA 17013 b) Domestic Relations of Cumberland County (717) 240-6225 b) 13 N. Hanover Street P.O. Box 320 Carlisle, PA 17013 c) West Pennsboro Township c) 2150 Newville Road (717) 243-8220 Carlisle, PA 17015 I d) Big Spring Area School District (717) 776-2406 d) 45 Mount Rock Road Newville, PA 17241 e) West Pennsboro Township e) c/o W. Pennsboro Township (sewer) 2150 Newville Road Carlisle, PA 17015 f) PA Dept. of Public Welfare f) Bureau of Child Support Enforcement P.O. Box 8018 Harrisburg, PA 17105-8018 g) PA Dept. of Revenue h) Deborah Piper, local tax collector (717) 243-5282 i) Jonestown Bank j) Target National Bank g) The Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA 17128-1230 h) 350 Barnstable Road Carlisle, PA 17015 i) 421 E. Penn Avenue Cleona, PA 17042 j) Mailstop 3C-G Minneapolis, MN 54416 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) i a) American General a) 6 S. Hanover Street Financial Services, Inc. Carlisle, PA 17013 b) LPP Mortgage LTD b) 6000 Legacy Drive Plano, TX 75024 5. Name and address of every other person who has any record lien on the property: Only those listed in 3 and 4 above. 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Only those listed in 3 and 4 above. 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) Only those listed in 3 and 4 above. I verify that I am the attorney for the plaintiff, American General Financial Services, Inc., in this action; that I am authorized to take this verification on their behalf; and that the statements made in this Verification are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unsworn falsification to authorities. Date: LEGAL PROPERTY DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a railroad spike in Creek Road (T-427) at the dividing line between Lots Nos. 2 and 3 on the hereinafter mentioned Subdivision Plan; thence along the said dividing line, North 00 degrees 40 minutes 01 second East, 325.06 feet to an iron pin; thence along lands now or formerly of Chester C. Weaver, South 57 degrees 44 minutes 56 seconds East, 192.10 feet to a chestnut tree; thence along the dividing line between Lots Nos. 1 and 2 on said Subdivisions Plan, South 01 degree 38 minutes 54 seconds West, 217.03 feet to a railroad spike set in Creek Road (T-427) at the dividing line between Lots Nos. 1 and 2 on said Subdivision Plan; thence within the said Creek Road, South 88 degrees 00 minutes 00 seconds West, 160.10 feet to a point, the place of beginning. BEING further described as Lot No. 2 of the Subdivision Plan for James E. Mosemann and Mary Louise Mosemann, prepared by Eugene Hockensmith, R.S., dated July 3, 1987 and recorded in Cumberland County Plan Book 53 page 140. THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. BEING Parcel No. 46-06-0029-001B. TITLE IS VESTED IN Vicki A. Nickey, by Deed from Vicki A. Nickey, widow, dated 6/16/2004 and recorded 6/17/2004 in Record Book 263, Page 3004. IMPROVEMENTS: Single family ranch t FOX and FOX, Attorneys-At-Law By: CRAIG H. FOX Identification No. 49509 Attorneys For Plaintiff Suite 706, One Montgomery Plaza Airy and Swede Streets Norristown, PA 19401 (610) 275-7990 -------------------------------- AMERICAN GENERAL FINANCIAL COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY, PA 6 S. Hanover Street Carlisle, PA 17013 No. 09-8607 Civil Term V. VICKI A. NICKEY and BRANDI L. NICKEY, aka BRANDI NICKEY 1489 Creek Road Carlisle, PA 17015 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: VICKI A. NICKEY 1489 Creek Road Carlisle, PA 17015 Brandi L. Nickey, aka Brandi Nickey 1489 Creek Road Carlisle, PA 17015 And 60 Noble Blvd. Carlisle, PA 17015 Your real estate located at 1489 Creek Road, Cumberland County, Carlisle, PA 17015 (See property description attached) is scheduled to be sold at Sheriff's Sale on Wednesday, September 8, 2010 at 10:00 a.m., at the Cumberland County Courthouse, Carlisle, PA, to enforce the presently outstanding court judgment of $45,932.21, plus interest at the contract rate and costs, obtained by American General Financial Services, Inc. against you. LEGAL PROPERTY DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a railroad spike in Creek Road (T-427) at the dividing line between Lots Nos. 2 and 3 on the hereinafter mentioned Subdivision Plan; thence along the said dividing line, North 00 degrees 40 minutes 01 second East, 325.06 feet to an iron pin; thence along lands now or formerly of Chester C. Weaver, South 57 degrees 44 minutes 56 seconds East, 192.10 feet to a chestnut tree; thence along the dividing line between Lots Nos. 1 and 2 on said Subdivisions Plan, South 01 degree 38 minutes 54 seconds West, 217.03 feet to a railroad spike set in Creek Road (T-427) at the dividing line between Lots Nos. 1 and 2 on said Subdivision Plan; thence within the said Creek Road, South 88 degrees 00 minutes 00 seconds West, 160.10 feet to a point, the place of beginning. BEING further described as Lot No. 2 of the Subdivision Plan for James E. Mosemann and Mary Louise Mosemann, prepared by Eugene Hockensmith, R.S., dated July 3, 1987 and recorded in Cumberland County Plan Book 53 page 140. THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. BEING Parcel No. 46-06-0029-001B. TITLE IS VESTED IN Vicki A. Nickey, by Deed from Vicki A. Nickey, widow, dated 6/16/2004 and recorded 6/17/2004 in Record Book 263, Page 3004. IMPROVEMENTS: Single family ranch NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. This sale will be canceled if you pay the judgment to Craig H. Fox, Esquire, 706 One Montgomery Plaza, Norristown, PA 19401. To find out how much you must pay, you may call (610) 275-7990. 2. You may be able to stop the sale by filing a petition asking the court to strike or open the judgment, if the judgment was improperly entered. You may also ask the court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff's Office at (717) 240-6390 or Craig H. Fox, Esquire at (610) 275-7990. 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 in the sale. To find out if this has happened you may call the Sheriff's Office at (717) 240-6390 or Craig H. Fox, Esquire at (610) 275-7990. 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(s) 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 house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on the 30th day after 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 distribution is wrong) are filed with the Sheriff within ten (10) days of the preparation of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL PROPERTY DESCRIPTION ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a railroad spike in Creek Road (T-427) at the dividing line between Lots Nos. 2 and 3 on the hereinafter mentioned Subdivision Plan; thence along the said dividing line, North 00 degrees 40 minutes 01 second East, 325.06 feet to an iron pin; thence along lands now or formerly of Chester C. Weaver, South 57 degrees 44 minutes 56 seconds East, 192.10 feet to a chestnut tree; thence along the dividing line between Lots Nos. 1 and 2 on said Subdivisions Plan, South 01 degree 38 minutes 54 seconds West, 217.03 feet to a railroad spike set in Creek Road (T-427) at the dividing line between Lots Nos. 1 and 2 on said Subdivision Plan; thence within the said Creek Road, South 88 degrees 00 minutes 00 seconds West, 160.10 feet to a point, the place of beginning. BEING further described as Lot No. 2 of the Subdivision Plan for James E. Mosemann and Mary Louise Mosemann, prepared by Eugene Hockensmith, R.S., dated July 3, 1987 and recorded in Cumberland County Plan Book 53 page 140. THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. BEING Parcel No. 46-06-0029-001B. TITLE IS VESTED IN Vicki A. Nickey, by Deed from Vicki A. Nickey, widow, dated 6/16/2004 and recorded 6/17/2004 in Record Book 263, Page 3004. IMPROVEMENTS: Single family ranch WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTYsOF CUMBERLAND) N009-8607 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due American General Financial Services, Inc. Plaintiff (s) From Vicki A. Nickey and Brandi L. Nickey, aka Brandi Nickey (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$45,932.21 Interest from 12-04-09 Atty's Comm % Atty Paid $990.62 Plaintiff Paid Date: MAY 13, 2010 (Seal) REQUESTING PARTY: Name Craig H. Fox, Esquire Deputy Address: Fox and Fox, 706 One Montgomery Plaza, Norristown, PA 19401 Attorney for: Plaintiff Telephone: 610-275-7990 Supreme Court ID No. 49509 L.L.$.50 Due Prothy $2.00 Other Costs D:;?q David D. Buell, Pro honotary By: V On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA, Known and numbered as, 1489 Creek Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: -??Wy CR eal Estate Coordinator ?: t )"Vi ors ' ` i °Z PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal; a-legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ) ' k: ' Lysa Marie Coyne, E rt SWORN TO AND SUBSCRIBED before me this 30 da of Jul 2010 Notary NOTAR SEAL P 11C ot& ;DEOOORA14 A COLLINS CARLISLE OU H CUMBERLAND COUNTY My sbn Explree Apr 28, 2014 Witt No. 20004WW (3%2 American General Financial Services, Inc. vs. Vicki A. Nickey Brandi L. Nickey Atty.: Craig H. Fox ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a railroad spike in Creek Road (T-427) at the dividing line between Lots Nos. 2 and 3 on the hereinafter mentioned Subdivision Plan; thence along the said dividing line, North 00 degrees 40 minutes 01 second East, 325.06 feet to an iron pin; thence along lands now or for- merly of Chester C. Weaver, South 57 degrees 44 minutes 56 seconds East, 192.10 feet to a chestnut tree; thence along the dividing line between Lots Nos. 1 and 2 on said Subdivisions Plan, South 01 degree 38 minutes 54 seconds West, 217.03 feet to a railroad spike set in Creek Road (T-427) at the dividing line between Lots Nos. 1 and 2 on said Subdivision Plan; thence within the said Creek Road, South 88 degrees 00 minutes 00 seconds West, 160.10 feet to a pelt, *a place of beenning. l l! G further described as Lot No. 2 of the Subdivision Plan for isms E. Mosemann and Mary Lou- ise Mosesnann, prepared by Eugene Hocimasnith, R.S., dated July 3, 1987 and recorded in Cumberland County Plan Book 53 page 140. THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, IN- CLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUP- PORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILD- ING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EX- CEPTED OR RESERVED BY THIS INSTRUMENT. BEING Parcel No. 46-06-0029- 001B. TITLE IS VESTED IN Vicki A. Nickey, by Deed from Vicki A. Nickey, widow, dated 6/16/2004 and re- corded 6/17/2004 in Record Book 263, Page 3004. IMPROVEMENTS: Single family ranch. '8 jt'Wi The Patriot-News Co. 2020 Technology Pkwy Suite 300. Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZhePahiot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/09/10 07/16/10 - 11 07/23/10 117. ..5............. Sworn So'and?ubscribed before me this Wd4y gf August, 2010 AD. Notary Public Co'WN'QNA?,t L'i _)F PENNSYLVANIA _ Notartal5oal - -- -.; _., Sherrie L. 3Clsner, Notary Pubiic Lower Paxton TWP Dauphin County My Crr ttrossiott expires Noy. 2b, 2011 _a zfil ?^ I tt'nrf Nntarie5 161 No. 20094007 Civil Term lrrwrkaen General Firwicial Servicos, Inc Vs Vicki A. Nickey Brandi L. Nickey A#ty: Craig H. Fox ALL THAT CERTAIN tract of land situate in West Pennsbom Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a railroad spike in Creek Road (T427) at the dividing line between Lots Nos. 2 and 3 on the hereinafter mentioned Subdivision Plan; thence along the said dividing be, North 00 degrees 40 minutes 01 second East, 325.06 feet to an iron pin; thence along lands now or formerly of Chester C. Weaver, South 57 degrees 44 minutes 56 seconds East, 192.10 feet to a chestnut tree; thence along the dividing line between Lots Nos. I and 2 on said Subdivisions Plan, South 01 degree 38 minutes 54 seconds West, 217.03 feet to a railroad spike set in Creek Road (T-427) at the dividing he between Lots Nos. 1 and 2 on said Subdivision Plan; thence within the said Creek Road, South 88 degrees 00 minutes 00 seconds West, 160.10 feat to a point, the place of beginning. BEING further described as Lot No. 2 of the Subdivision Plan for James E. Mosemann and Mary Louise Mosemann, prepared by Eugene Hockensmith, R.S., dated July 3, 1987 and recorded in Cumberland County Plan Book 53 page 140. THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE. ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. BEING"Parcel No. 4606-0029-001B. TITLE IS VESTED IN Vicki A. Nickey, by Deed 'rom Vicki A. Nickey, widow, dated 6116120N d recorded 6117/2004 in Record Book 263, e 3004. PROVEMENTS: Single family ranch G:\AMER-GEN\LARGE,9400-45.SS.DOC FOX AND FOX 8y: Craig H. Fox, Esquire Attorney I.D. No. 49509 706 One Montgomery Plaza Norristown,. PA 19401 (610) 275-7990 FILEO-OFFICE OF THE PROTHONOTARY 2010 OCT 26 AM I0~ 57 CUMBERLAND COUNTY PEr~~~sYLVA~IA Attorney for Plaintiff AMERICAN GENERAL FINANCIAL COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY, PA 6 S. Hanover Street Carlisle, PA 17013 No. 09-8607 Civil Term v. VICKI A. NICKEY and BRANDI L. NICKEY, aka BRANDI NICKEY 1489 Creek fiaad Carlisle, PA 17015 PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Kindly mark the judgment entered in the above matter satisfied. By: 9400-45 PRAECIPE TO MARK THE JUDG SAT[SFIED.doc FOX AND FOX eK~ tio'Y6 ~ a.~~`