HomeMy WebLinkAbout09-8869Neil A. Slenker, Esquire
Supreme Court I.D.#: 77974
Stock and Leader
Susquehanna Commerce Center - East
221 West Philadelphia Street, Suite 600
York, PA 17401-2994
Phone: 717-846-9800
Fax: 717-843-6134
Attorney for Plaintiff, The Washington Savings Bank, F.S.B.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE WASHINGTON SAVINGS BANK, F.S.B.,
Plaintiff,
V.
RICHARD SHANK,
Defendant
NO.. O4 - gE3le
Action in
Mortgage Foreclosure
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and notice are
served by entering a written appearance personally or by attorney and filing in writing with the Court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so, the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Phone: 717-249-3166 or 800-990-9108
AVISO
Le han demandado en corte. Si usted desea defender contra las demandas dispuestas en las
paginas siguientes, usted debe tomar la accion en el plazo de veinte (20) dias despues de esta queja y
se sirve el aviso, incorporando un aspecto escrito personalmente o y archivando en escribir con la
corte sus ddefensas u objeciones a las demandas dispuestas contra usted el abogado le advierte que
que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar
contra usted compra la corte sin aviso adicional para cualquier dinero demandado en la queja o para
cualquier otra demanda o relevacion pedida por el demandante. Usted puede perder el dinero o la
caracteristica de otra endereza importante a usted.
USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED
NO HACE QUE UN ABOGADO VAYA A O LLAME POR TELEFONO LA OFICINA
DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER DE USTED LA INFORMACION
SOBRE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A UN
ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION
SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS DE LA OFERTA DE MAYO A
LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO O NINGUN HONORARIO.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Phone: 717-249-3166 or 800-990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE WASHINGTON SAVINGS BANK, F.S.B.,
NO.: 0?- MocI Ct/l
Plaintiff,
V.
RICHARD SHANK, Action in
Defendant Mortgage Foreclosure
COMPLAINT
AND NOW, this ?- day of 2009, comes the Plaintiff, The
Washington Savings Bank, F.S.B., by its attorneys, the law firm of Stock and Leader, to set forth the
following Complaint in Mortgage Foreclosure:
1. The Plaintiff, The Washington Savings Bank, is a corporation with a principal place
of business located at 4201 Mitchellville Road, Suite 300, Bowie, Maryland 20716.
2. The Defendant, Richard Shank, is an adult individual residing at 106 Wayne Avenue,
Enola, Cumberland County, Pennsylvania 17025.
3. The Plaintiff brings this action to foreclose a Mortgage dated April 29, 2004, between
Richard Shank, as Borrower, and The Washington Savings Bank, F.S.B., as Lender, which Mortgage
is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania,
Mortgage Book 1863, Page 3543, a copy of which Mortgage is attached hereto as Exhibit "A" and
incorporated herein by reference.
3
4. The premises subject to the Mortgage is a tract of land with improvements thereon
erected situate at 106 Wayne Avenue, Enola, Cumberland County, Pennsylvania, more fully
described in Exhibit "B", attached hereto and incorporated herein by reference.
5. The Mortgage is in default by virtue of the failure of the Defendant to make the
payments called for under the Mortgage and the Note (as the term is described in the Mortgage) on a
timely basis since July 1, 2008. A true and correct copy of the Note is attached as part of Exhibit
"A" hereto, and is incorporated herein by reference.
6. The Defendant was sent Notice in compliance with the provisions of Act 6, 41 P.S.
§4103, and the Homeowners Emergency Mortgage Assistance Act of 1983 (Act 91) by certified
mail, return receipt requested and First Class mail on September 22, 2009. A true and correct copy
of the Notice, and the return receipt, are attached hereto, marked Exhibit "C", and are hereby made a
part of and incorporated herein by reference.
7. The balance on said Mortgage was accelerated on November 6, 2009.
8. More than thirty (30) days have elapsed since the aforesaid Notice was received by
Defendant and Plaintiff has not received any payment from the Defendant or on the Defendant's
behalf.
9. The amount due under the terms of the Mortgage is as follows:
Principal balance through December 21, 2009
Interest through December 21, 2009
Late Charges through December 21, 2009
Escrow Advanced
Reasonable Attorneys' Fees
Total
$ 62,548.64
$ 7,527.10
$ 1,095.56
$ 2,845.41
$ 5,000.00
$ 79,016.71
4
I I
Interest will continue to accrue with respect to the aforesaid principal balance in the amount of
$13.47 per diem after December 21, 2009, and late charges will continue to accrue on the 16`x' of
January, 2010, and on the 16th day of each month thereafter, in the amount of $23.28 per month.
WHEREFORE, Plaintiff demands judgment against the Defendants in the sum of
$79,016.71, with interest after December 21, 2009 in the amount of $13.47 per diem, and, late
charges on the 16th day of January, 2010, and on the 16th day of each month thereafter, in the
amount of $23.28 per month, and costs of suit.
Date: ?)J Cffi) b UL Z Z _, 2009
Respectfully submitted,
STOCK AND LEADER
By:
Tloe-il A. Slenker, Esquire
Supreme Court I.D.#: 77974
Attorney for Plaintiff
Susquehanna Commerce Center East, Suite 600
221 West Philadelphia Street
York, PA 17401-2994
Phone: (717) 846-9800
Fax: (717) 843-6134
5
VERIFICATION
I hereby affirm that the following facts are correct: I am an authorized agent of The
Washington Savings Bank, F.S.B. in the foregoing action. The attached Complaint is based upon
information which has been furnished to counsel and information which has been gathered by
counsel in the preparation of this document. The language of the Complaint is that of counsel and
not mine. I have read the.Complaint and to the extent that the same is based upon information which
I have given to counsel, it is true and correct to the best of my knowledge, information and belief.
To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in
making this Verification. I hereby acknowledge that the averments of fact set forth in the aforesaid
Complaint are made subject to the penalties of 18 Pa. C.S; 4904 relating to unsworn falsification to
authorities.
THE WASHINGTON SAVINGS BANK, F.S.B.
DATE: 2009 xt'? L'?' ?k-?
e Id J. Whittaker, Senior Vice-President
EXHIBIT "A"
I 0". .
r
RECORD AND RETURN TO
THE WASHINGTON SAVINGS BANK, FSB
4201 MITCHELLVILLE ROAD, SUITE 300
BOWIE, MD 20716
Parcel Number
DEFINITIONS
YUBE,jT
'',.U? ,firp^y PIG L ER
1 OF
COUNTY
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,Space Abo+6e This Line For Recording Data]
MORTGAGE
I NO C9-s ) ?Ib5 1 ?
Loan ID # pp2795sc
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13,
18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated April 29th, 2004 together with all
Riders to this document.
(B) "Borrower" is Richard Shank
. Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is The Washington Savings Bank, FSB
. Lender is a CORPORATION organized and existing under the
laws of THE UNITED STATES OF AMERICA Lender's address is 4201
Mitchellville Road, Ste. 300, Bowie, Maryland 20716
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated April 29th, 2004 The Note
states that Borrower owes Lender Sixty Five Thousand and no/100- - - - - - - - - - - - - -
- - - - - -- - - - - - Dollars (U.S. $ 65, 000.00 ) plus interest. Borrower has promised to pay
this debt in regular Periodic Payments and to pay the debt in full not later than may lot, 2034
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the
Note, and all sums due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to
be executed by Borrower [check box as applicable]:
? Adjustable Rate Rider ? Condominium Rider ? Second Home Rider
? Balloon Rider ? Planned Unit Development Rider ? Other(s) [specify]
? 1-4 Family Rider ? Biweekly Payment Rider
Initials: _
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 (page I of 14 pages)
PA1CM1 - 02222002 www.MortgageBankingSystems.com
t) J vii J
Loan ID # pp2795sc
(Ii) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial
opinions.
(1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that
are imposed on Borrower or the Property by a condominium association, homeowners association or similar
organization.
() "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or
similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic
tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is
not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire
transfers, and automated clearinghouse transfers.
QQ "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third
party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction
of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of
condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(NS) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus
(ii) any amounts under Section 3 of this Security Instrument.
(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) and its implementing
regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or
successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA"
refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the
Loan does not qualify as a "federally related mortgage loan" under RESPA.
(P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party
has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following
described property located in the County of Cumberland
[Type of Recording Jurisdiction] [Name of Recording Jurisdiction]
See attached Exhibit "A"
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
PA1CM2 - 02222002
Initials: i15
Form 3039 1101 (page 2 of 14 pages)
www.MortgageflankingSystems.com
ptt1R 3 b
Loan ID # pp2795sc
which currently has the address of 106 Wayne Avenue,
[Street]
Pennsylvania 17025 ("Property Address"):
[Zip Code]
Enola
[City]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered
by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall
pay. when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late
charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due
under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument
received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may
require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of
the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's
check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal
agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any
payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may
accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or
prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such
payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then
Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment
to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such
funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance
under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future
against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or
performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted
and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal
due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the
order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other
amounts due under this Security Instrument, and then to reduce the principal balance of the Note.
Initials: 1 ti S
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 (page 3 of 14 pages)
PA1CM3 - 02222002 www.MortgageBankingSystems.com
Loan ID # pp2795sc
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount
to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one
Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the
Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after
the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late
charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall
not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note,
until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments
and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b)
leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender
under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of
the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called
"Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall
be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section.
Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for
any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items
at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when
and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and,
if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may
require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a
covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section
9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount
due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then
be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all
Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall
pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at
the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA.
Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of
future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank.
Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not
charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow
Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge.
Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be
required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however,
that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the
excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA,
Initials: KS
PENNSYLVANIA-Single Family-Fannie Mae/FYeddle Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 4 of 14 pages)
PA1CM4 - 02222002 www.MortgageBankiongSystems.com
--.--f,C1. l»
Loan ID # pp2795sc
Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds
held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay
to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly
payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the
Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if
any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items,
Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long
as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the
lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those
proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an
agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of
the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a
notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or
take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service
used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but
not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the
amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the
preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be
chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised
unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for
flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and
certification services and subsequent charges each time remappings or similar changes occur which reasonably might
affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by
the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting
from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at
Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of
coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in
the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser
coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained
might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender
under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall
bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
Initials:
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INST'RUMENT Form 3039 1/01 (page S of 14 pages)
PA1CM5 - 02222002 www.MortgageBankingSystems.com
- , r,r f3nr ;gIt 7
Loan ID # pp2795sc
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to
disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an
additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,
Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any
form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such
policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make
proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance
proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such
repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an
opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such
inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single
payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or
Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower
any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall
not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not
economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance
proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related
matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to
settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given.
In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a)
Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this
Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums
paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay
amounts unpaid under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within
60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal
residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent
shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage
or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is
residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or
decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not
economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage.
If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes.
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as
the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
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PENNSYLVANIA-Single Family-Fannie MaefFreddie Mac UNIFORM INSTRUMENT Form 3039 1101 (page 6 of 14 pages)
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Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,
Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of
or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower
or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially
false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material
information) in connection with the Loan. Material representations include, but are not limited to, representations
concerning Borrower's occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal
proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument
(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain
priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property,
then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and
rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing
and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a
lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to
protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a
bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs,
change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code
violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this
Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender
incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this
Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be
payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If
Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the
merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower
shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage
Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such
insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage
Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage
Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance
previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage
Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated
payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,
notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any
interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance
coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again
becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to
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make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums
required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender
providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects
Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if
Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into
agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and
conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These
agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may
have available (which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity,
or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be
characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the
mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the
insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive
reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for
Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage
Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to
receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage
Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were
unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and
shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if
the restoration or repair is economically feasible and Lender's security is not lessened: During such repair and
restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity
to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection
shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of
progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security
would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether
or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order
provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the
Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the
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sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the
amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured
immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the
Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured
immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in
writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the
sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as
defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender
within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds
either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then
due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom
Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's
judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or
rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as
provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment,
precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this
Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of
Lender's interest in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order
provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any
Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of
Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to
refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by
reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by
Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third
persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a
waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that
Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security
Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage,
grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not
personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other
Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security
Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations
under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits
under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this
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Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security
Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's
default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,
including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the
absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a
prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security
Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then:
(a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b)
any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may
choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower.
If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge
(whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made
by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such
overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in
writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to
Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other
means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires
otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address
by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a
procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that
specified procedure. There may be only one designated notice address under this Security Instrument at any one time.
Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein
unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security
Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required
by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the
corresponding requirement under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal
law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security
Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or
implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a
prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the
Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note
which can be given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter
words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and
(c) the word "may" gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the
Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests
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PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 10 of 14 pages)
PAICMA - 02222002 www.Mortgagellankin Systems.com
Loan ID # pp2795sc
transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is
the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay
all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,
Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have
the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days
before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as
Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing
this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under
this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable
attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's
interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably
require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's
obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that
Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a)
cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is
drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic
Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain
fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of
acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note
(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might
result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and
this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument,
and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If
there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name
and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a
Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain
with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless
otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual
litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that
alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until
such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of
Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice
to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be
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taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant
to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined
as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline,
kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws
of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c)
"Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental
Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an
Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or
threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to
do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an
Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a
condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence,
use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be
appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous
substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any 'investigation, claim, demand, lawsuit or other action
by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not
limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any
condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the
Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any
removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly
take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation
on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18
unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default;
(b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the
default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by
judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after
acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other
defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option
may require immediate payment in full of all sums secured by this Security Instrument without further demand
and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses
incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and
costs of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate
conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security
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Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security
Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted
under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in
proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing
for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to
the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to
acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on
the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
Shank
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
PENNSYLVANIA-Single Family-Fannie Mae/FYeddle Mac UNIFORM INSTRUMENT
PAICMD - 02222002
nu i ?;'03G3555
Form 3039 1101 (page 13 of 14 pages)
www.MortgageBankingSystems.com
Certificate of Residence
Loan ID # pp2795sc
I do certify that the precise address of the within-named mortgagee is 4201 Mitchellville Road, Ste.
300, Bowie, Maryland 20716
Witness my hand this 29th day of April, 2004
COMMONWEALTH OF PENNSYLVANIA U ,m 0,r (C -,,(
County ss:
On this, the 29th day of April, 2004 before me, the undersigned officer, personally
appeared Richard Shank
known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within
instrument and acknowledged that HE executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
?f o 7 t7(Al I d I L, Cam'
Title of Officer
.COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
l Certify Sheri L Mel-Moller. Notary Public
tj1 IS to CaM H1 Boro. Curnberiand County
rn t) e re, ` r_ ` r" d e d My Cawlssion Expires Nov. 4, 2007
Cumberland Co U n t Member, Pennsylvania Association Of Notaries
?l
If
Recorder of Deeds
Initials:
PENNSYLVANIA-Single Family-Faun Mae/Freddle Mac UNIFORM INSTRUMENT Form 3039 1101 (page 14 of 14 pages)
PA1CME - 02222002 www.Mo B
rtgageankimgSystems.com
RI(I9bJr? 55?
EXHIBIT "A" - MORTGAGE LEGAL
ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, County of Cumberland, and
Commonwealth of Pennsylvania, more particularly bounded and described in accordance with a survey made by
Ernest J. Walker, Professional Engineer, dated July 13, 1967, as follows, to wit:
BEGINNING at a point on the east side of Wayne Avenue (30 feet wide), said point being 232.5 feet south of the
intersection of Wayne Avenue with the projected center line of Huntington Avenue; thence extending along land
now or late of Francis W. McConnell, et ux, South 88 degrees, 55 minutes East 54.18 feet to a point; thence
North 3 degrees 50 minutes East 9.10 feet to a point; thence South 86 degrees, 43 minutes East 211.94 feet to a
point on the Western line of Valley Road (20 feet wide, presently unopened); thence extending along the same,
North 10 degrees 10 minutes West 65 feet, more or less, to a point 4 feet south of the dividing line between Lot
No. 16 and Lot No. 15 on the hereinafter mentioned Plan of Lots; thence in a westerly direction by a line 4 feet
south of the dividing line between Lot Nos. 16 and 15, and parallel thereto, 255 feet, more or less, to a point on
the east side of Wayne Avenue aforesaid; thence along the same South 3 degrees East 51 feet, more or less, to
a point, the place of BEGINNING.
BEING the major portion of Lot No. 15 and a small part of Lot No. 14, Section H, on the plan of lots of West
Enola, which plan is recorded in Plan Book 1, Page 29, and a revised plan thereof is recorded in Plan Book 2,
Page 70, Cumberland County Records.
HAVING THEREON erected a dwelling commonly known as 106 Wayne Avenue.
?5
(SHAN K.PFD/SHAN K/19)
n i i i r) r r) 71 r: 17 ti 7
NOTE
Loan ID # pp2795sc
April 29th, 2004 Camp Hill, Pennsylvania
[Date] [City] [State]
106 Wayne Avenue, Enola, PENNSYLVANIA 17025
[Property Address]
L BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $65, 000.00 (this amount is called
"Principal"), plus interest, to the order of the Lender. The Lender is The Washington Savings Bank, FSB
. I will make all payments under this Note in
the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and
who is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a
yearly rate of 7.750 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in
Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the lot day of each month beginning on June 1st,
2004 . I will make these payments every month until I have paid all of the principal and interest and any
other charges described below that I may owe under this Note. Each monthly payment will be applied as of its
scheduled due date and will be applied to interest before Principal. If, on May 1st, 2034 , I still owe
amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date."
I will make my monthly payments at 4201 Mitchellville Road, Ste. 300, Bowie, Maryland
20716 or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $465.67
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is
known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I
may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will
use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may
apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to
reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in
the amount of my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest
or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any
such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums
already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to
make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund
reduces Principal, the reduction will be treated as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen
calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be
5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on
each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount
by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been
paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice
is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the
right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by
applicable law. Those expenses include, for example, reasonable attorneys' fees.
MULTISTATE FIXED RATE NOTE--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 (page 1 of 2 pager)
AA1CN1 - 08292001 www.MortgageBankingSystems.com
7. GIVING OF NOTICES Loan ID # pp2795sc
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given
by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give
the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by
first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a
notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or
endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the
obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this
Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us
together. This means that any one of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor"
means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given
to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the
same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises
which I make in this Note. That Security Instrument describes bow and under what conditions I may be required to
make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as
follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not
a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide
a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to
the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without
further notice or demand on Borrower.
M / W t7WSS
WITNESS THE H SEAL(S) OF THE UNDERSIGNED.
Richard Shank (Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
[Sign Original Only]
MULTISTATE FDiED RATE NOTE--Single Fatuity--Faanie Mae/Freddie Mae UNIFORM INSTRUMENT Fo m 3200 1/01 (page 2 of 2 pages)
AA1CN2 - 08292001
www.Mortea;eBanlcfaCSy'atems.com
EXHIBIT 44 B"
PROPERTY DESCRIPTION
The land referred to in this Commitment is described as follows:
ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, County of Cumberland, and
Commonwealth of Pennsylvania, more particularly bounded and described in accordance with a survey made by
Ernest J. Walker, Professional Engineer, dated July 13, 1967, as follows, to wit:
BEGINNING at a point on the east side of Wayne Avenue (30 feet wide), said point being 232.5 feet south of the
intersection of Wayne Avenue with the projected center line of Huntington Avenue; thence extending along land
now or late of Francis W. McConnell, et ux, South 88 degrees, 55 minutes East 54.18 feet to a point; thence
North 3 degrees 50 minutes East 9.10 feet to a point; thence South 86 degrees, 43 minutes East 211.94 feet to
a point on the Western line of Valley Road (20 feet wide, presently unopened); thence extending along the
same, North 10 degrees 10 minutes West 65 feet, more or less, to a point 4 feet south of the dividing line
between Lot No. 16 and Lot No. 15 on the hereinafter mentioned Plan of Lots; thence in a westerly direction by a
line 4 feet south of the dividing line between Lot Nos. 16 and 15, and parallel thereto, 255 feet, more or less, to a
point on the east side of Wayne Avenue aforesaid; thence along the same South 3 degrees East 51 feet, more
or less, to a point, the place of BEGINNING.
BEING the major portion of Lot No. 15 and a small part of Lot No. 14, Section H, on the plan of lots of West
Enola, which plan is recorded in Plan Book 1, Page 29, and a revised plan thereof is recorded in Plan Book 2,
Page 70, Cumberland County Records.
HAVING THEREON erected a dwelling commonly known as 106 Wayne Avenue.
EXHIBIT 46 C"
a? %SMCK-dLEADER.
ATTORNEYS AT LAW
STOCK AND LEADER LLP SUSQUEHANNA COMMERCE CENTER EAST
J. SxoRa
JOHN 221 W. PHILADELPHIA STREET-SUITE 600
WnL
n.LV,M C. cffiRASCH, )R. YORK, PENNSYLVANIA 17401-2994
W. BRUCE WALLACE PHONE (717) 846-9800
MICHAEL W. KING FAX (717) 843-6134
TEdoTHY P. RUTH
WILLIAM T. HAST www.stockandleader.com
STEPHEN S. RUSSELL
THOMAS M. SHORE
RONALD L. HERSHNER
JANE H. ScHUsSLER
WALTER A. TILIEY, III
STEVFN M. How
TODY ANDERSON LEIGHTY'
PHILIP H. SPARE
NEIL A. SLENKER
DAvm A. )ONES, R
JAMES E. CHIARUTTm*
'ALSO ADM= IN MARYLAND
This is an effort to collect a debt. Any
information obtained will be used for that
purpose. If you do not dispute the validity of the
debt within thirty (30) days of receiving this
notice, we will assume that the debt is valid. If
you dispute the debt in writing within thirty (30)
days of receiving this notice, we will send you
verification of the debt.
September 22, 2009
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
Richard Shank
106 Wayne Avenue
Enola, PA 17025
ACT 91 NOTICE
FILE COPY
STOCK AND LEADER,
A PROPFSSIONAI. CoRrorsnTlON
HENRY B. LEADER
J. Ross MCGmms
RAYMOND L. HOvLS
BYRON H. LECATFS
D. REED ANDERSON
CRAIG W. BREMER
ALEXANDRA C. CHIARUTnm
BROOKE E. D. SAY
SARAH E. BUHITE
RACHEL A. CLANCY
MCCLEAN STOCK
(1881-1962)
BASIL A. Scion
(1910-1988)
TAKE ACTION TO SAVE
YOUR HOME FROM
F ORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in
the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able
U:1NS16VASHINGTONSAVINGSBANK1Shmzk, Ridim-dIACT91 Notice, 09-22-09.doc
Richard W. Shai-Ac
September 22, 2009
Page 2
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 numbers 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
Pennsvlvania 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 Consumes- Credit Counseling Agency may be able to help explain
it. You may 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 VIVENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCOUNT #:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER
Richard Shank
106 Wayne Avenue
Enola, Pennsylvania 17025
1940257676
The Washington Savings Bank, F.S.B.
The Washington Savings Bank, F.S.B.
(! INSiNaSHINGTONSAVINGSBANK1Shank, RichardlACT91 Notice, 09-22-09.doc
Richard W. Shank
September 22, 2009
Page 3
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 POUR 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 (phis 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" EX?LAINS
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
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). If you have tried and are unable to resolve this problem with the lender,
you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage
Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit
U:INSIlI';9SHINGTONSAVINGSBANKIShank, Richnr&ACT91 Notice, 09-22-09.doc
Richard W. Shank
September 22, 2009
Page 4
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 FROM THE
POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION 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 "TEMPORARY STAY 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
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR
IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS
LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL
BE DENIED.
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives
your application. During that time, no foreclosure proceedings will be pursued against you if
you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
U:INSIhi'ASHINGTONSAYINGSBANKISl:nnk, Richot-A4CT91 Notice, 09-22-09.doc
Richard W. Shank
September 22, 2009
Page 5
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).
NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your
property located at: 106 Wayne Avenue, Enola, Pennsylvania 17025 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:
May 1, 2008 $97.53
June 1, 2008 $725.58
July 1, 2008 $725.58
August 1, 2008 $725.58
September 1, 2008 $725.58
October 1, 2008 $725.58
November 1, 2008 $725.58
December 1, 2008 $729.91
January 1, 2009 $729.91
February 1, 2009 $729.91
March 1, 2009 $729.91
April 1, 2009 $729.91
May 1, 2009 $729.91
Jurie 1, 2009 $729.91
July 1, 2009 $729.91
August 1, 2009 $729.91
September 1, 2009 $729.91
$11,750.11
U:INSII41ASHINGTONSAVINGSBANKISim7k, Riclinl'd1ACT91 Notice, 09-22-09.doc
Richard W. Shank
September 22, 2009
Page 6
Other charges (explain/itemize):
Late Fees from January 1, 2006 tlv ough April 1, 2008 $629.96
TOTAL AMOUNT PAST DUE:
$12,380.07
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 $12,380.07, 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:
Neil A. Slenker, Esquire
Stock and Leader
Susquehanna Commerce Center - East
221 West Philadelphia Street
Suite 600
York, PA 17401-2994
You can cure any other default by taking the following action within THIRTY (30) days from
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
U:IA'S11-VASHINGTONSAVINGSBANKIShanh, RichardWCT91 Notice, 09-22-09.doc
Richard W. Shank
September 22, 2009
Page 7
morteal!e 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 instinct its attorneys to start legal action to foreclose upon your mort2a2ed
property
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
pav attornev'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 pang the total amount then past due, plus ally 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
perfonning_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 6 (six)
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.
U:INStFVASHINGTONSAVINGSBANKISl,ark, Rich77-&ACT91 Notice, 09-22-09.doc
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September 22, 2009
Page 8
HOW TO CONTACT THE LENDER:
Name of Lender: The Washington Savings Bank, F.S.B.
Address: 4201 Mitchellville Road, Suite 500
Bowie, Maryland 20716
Phone Number: 301-352-3130
Fax Number: 301-352-3132
Contact Person: James Murray, Collection Specialist
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 funiisliings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You may or I 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.)
U: WSI PPASHINGTON SAVINGS BANKIShmrh, RichordW CT 91 Notice, 09-22-09.doc
Richard W. Shank
September 22, 2009
Page 9
• 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.
Very truly yours,
STOCK AND LEADER
Neil A. Slenker
Attorney for The Washington Savings Bank, F.S.B.
NAS/inla
cc: James Murray, The Washington Savings Bank, F.S.B.
U.-INSI WASHINGTON SAVINGS BANKISJrmik, Richm•dW CT 91 Notice, 09-22-09.doc
i
Richard W. Shaul.
September 22, 2009
Page 10
CONSUMER CREDIT COUNSELING AGENCIES SERVING YORK COUNTY:
Adams County Interfaith Housing Authority
40 E. High Street
Gettysburg, PA 17325
(717) 334-1518
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17332
(717) 637-3768
Base, h-ic.
447 South Prince Street
Lancaster, PA 17603
(717) 392-5467
CCCS of Western Pemisylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
1-888-511-2227
CCCS of Western Pennsylvania, Inc.
55 Clover Hill Road
Dallastown, PA 17313
1-888-511-2227
Housing Alliance of York
35 South Duke Street
York, PA 17401
(717) 854-1541
Opportunity, Inc.
301 East Market Street
York, PA 17403
(717) 424-3645
Li:lAfS1Id"ASHINGTONSAI'INGSBANKIShnnk, Richai-A4CT91 Notice, 09-22-09.doe
r, 1 P
¦ Complete items 1, 2, and 3. Also complete A. signature
item 4 If Restricted Delivery is desired. X t
¦ Print your name and address: on the reverse
sothat•we can return the card to you. g by (Printed Name)
¦ Attach this card to the back of the mailpiece,
or on the front if space permits. G
Article Addressed to:
A& Gene Ayma(-
&,qd IAA /70c-57
? Agent
C. Date of Delivery
D. is delivery address dirierent from item 1? ? Yes
If YES, enter delivery address below: ? No
a Service Type
CwIW Mail ? Express Mail
Registered ? Return Receipt for Merd%andise
? Insured mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7007 0 710 0002 8360 9176
(rmnsfer from service kd*
Ps Form 3811, February 2004 Domestic Return Receipt 102595-024M-1540
ol
r"I E C: I?'1 i ' ?, i
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
The Washington Savings Bank, F.S.B.
vs.
Richard Shank
SHERIFF'S RETURN OF SERVICE
Case Number
2009-8869
01/05/2010 04:45 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on January
5, 2010 at 1645 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Richard Shank, by making known unto himself personally, at 106 Wayne
Avenue, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to
him personally the said true and correct copy of the same.
SHERIFF COST: $41.94
January 06, 2010
iaralat't/ +~~ ~G i"i"110~w"v~11'1Rf
~4"~ ~X~¢
2IIf0 JAN -8 Af~f 9= 0++
CU~~~ii.:ha~ tlJllfYi'Y
PENNSYLVANIA
SO ANSWERS,
tv
'R NY R ANDERSON, SHERIFF
llepu y Sheriff
Neil A. Slenker, Esquire
Supreme Court I.D.#: 77974
Stock and Leader
Susquehanna Commerce Center - East
221 West Philadelphia Street, Suite 600
York, PA 17401-2994
Phone: 7174846-9800
Fax: 717-843-6134
Attorney for Plaintiff, The Washington Savings Bank, F.S.B.
I E, -HE
1012 JUL 20 PM 12: t,
CUMBERLAND COUNTY
PENNSYLVAN1!A
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
THE WASHINGTON SAVINGS BANK, F.S.B.,
Plaintiff,
V.
NO.: 2009-8869
RICHARD SHANK, Action in
Mortgage Foreclosure
Defendant
PRAECIPE FOR JUDGMENT
Enter Judgment in favor of Plaintiff, The Washington Savings Bank and against Deft
Richard Shank, for failure to answer Plaintiff's Complaint
( X ) Assess damages as follows:
Debt $ 60,658.07
Interest from through July 17, 2012 $ 7,191.67
Late Charges from through July 17, 2012 $ 1,817.24
Escrow Balance due through July 17, 2012 $ 3,058.37
Attorneys' Fees $ 3,806.60
TOTAL $ 76,531.95
(X) I certify that the foregoing assessment of damages is for specified amounts
be due in the complaint and is calculable as a sum certain from the complaint.
( ) Pursuant to Pa.R.C.P. 237 (Notice ofpraecipe for final judgment or decree), I certi
that a copy of this praecipe has been mailed to each other party who has appeared in the action or
his/her Attorney of Record.
pl'. s'o
e K=tf .?,3 s41(.
(X) Pursuant to Pa. R.C.P. 237.1, I certify that written notice of the intention to file 1
praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/
Attorney of Record, if any, after the default occurred and at least ten days prior to the date of
filing of this praecipe and a copy of the notice is attached.
Date: ?-
Neil A. Slenker, Esquire
Attorney for Plaintiff
Susquehanna Commerce Center
East Building, 6th Floor
221 West Philadelphia Street
York, PA 17401-2994
(717) 846-9800
Supreme Court I.D. No. 77974
NOW,
2012, JUDGMENT IS ENTERED AS ABOVE.
Prothonotary / Clerk, Civil Division
By:
Deputy
U:\NS\WASHINGTON SAVINGS BANK\Shank, RichardUUDGMENT.PRA.doc
Neil A. Slenker, Esquire
Supreme Court I.D.#: 77974
Stock and Leader
Susquehanna Commerce Center - East
221 West Philadelphia Street, Suite 600
York, PA 17401-2994
Phone: 717-846-9800
Fax: 717-843-6134
Attorney for Plaintiff, The Washington Savings Bank, F.S.B
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV
THE WASHINGTON SAVINGS BANK, F.S.B.,
Plaintiff,
V.
RICHARD SHANK,
TO: RICHARD SHANK
106 WAYNE AVENUE
ENOLA, PA 17025
NO.: 2009-8869
Action in
Defendant Mortgage Foreclosure
NOTICE OF DEFAULT
DATE OF NOTICE: June 14, 2012
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 (10) DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YI
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 CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Phone: 717-249-3166 or 800-990-9108
Respectfully submitted,
STOCK AND LEADER
By:
Neil A. Slenker, Esquire
I.D. #: 77974
Attorney for Plaintiff(s)
Susquehanna Commerce Center East
Suite 600
221 West Philadelphia Street
York, PA 17401-2994
(717) 846-9800
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV.
THE WASHINGTON SAVINGS BANK, F.S.B.,
Plaintiff,
V.
RICHARD SHANK,
Defendant
NO.: 2009-8869
Action in
Mortgage Foreclosure
CERTIFICATE OF SERVICE
AND NOW, this / ?,' day of , 2012, I, Neil A. Slenker, Esquire
of the law firm of Stock and Leader, attorneys for Plaintiffs hereby certify that I served the with
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT by depositing same in
the United States mail, first-class, postage prepaid, in York, Pennsylvania addressed to:
RICHARD SHANK
106 WAYNE AVENUE
ENOLA, PA 17025
STOCK AND LEADER
By. - _?-.----.
Neil A. Slenker, Esquire
I.D. #: 77974
Attorney for Plaintiffs
Susquehanna Commerce Center East
Suite 600
221 West Philadelphia Street
York, PA 17401-2994
(717) 846-9800
U:\NS\WASHINGTON SAVINGS BANK\Shank, Richard\Notice of Defauh.doc
Neil A. Slenker, Esquire
Supreme Court I.D.#: 77974
Stock and Leader
Susquehanna Commerce Center - East
221 West Philadelphia Street, Suite 600
York, PA 17401-2994
Phone: 717-846-9800
Fax: 717-843-6134
Attorney for Plaintiff, The Washington Savings Bank, F.S.B.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
THE WASHINGTON SAVINGS BANK, F.S.B.,
NO.: 2009-8869
Plaintiff,
V.
RICHARD SHANK,
Action in
Mortgage Foreclosure
Defendant
Commonwealth of Pennsylvania l
County of York 1
Before me, a Notary Public of York County, Pennsylvania, personally appeared Neil k.
Slenker, Esquire, Attorney for Plaintiff in the above entitled case, who being duly sworn or affirmed
according to law deposes and says, that to the best of his knowledge, the Defendant above name is
not in the military service of the United States of America, that to the best of his knowledge that t 4e
said Defendant is now living at 106 Wayne Avenue, Enola, Pennsylvania 17025, and is a resident of
Pennsylvania. /i
Sworn and subscribed before me this
day of -/U-t4 , 2012
Notary 1
Neil A. Slenker, Esquire
Attorney for Plaintiff,
The Washington Savings Bank, F.S.B.
Nofatiai Seat
Mary K. Ridings, Notary Public
CUy of York, York County
My Commission Expires Oct 15.2014
Department of Defense Manpower Data Center
Sfttu Report
Pursuant to Serve Civil Relief Act
Last Name: SHANK First Name: RICHARD
Active Duty Status As Of: Jul-19-2012
Results as of : Jul-19-21)12 07:02:51
SCRA 2.2.2
)
"inn
NA NA No NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
?Iiitvlr>r t^?rerf»nent
NA NA No NA
This response reflects where the IndMdual left active duty status within 367 days preceding the Active Duty Status Date
FAA
NA NA No NA
This response reflects whether the individual or hisfher unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the tatus of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NCAA, Public Heal , and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
rte, 04 ,cr.?c,_?.
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any mily
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL: http://www.defenselink.miVfaq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty s tus
date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521,c).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual le Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for ctive
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active servi
authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization positio in the
unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard R serve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAH Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would of be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services p nods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who h e not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the
are protected
WARNING: This certificate was provided based on a last name, SSN, and active duty status date provided by the requester. Providing erroneous
information will cause an erroneous certificate to be provided.
Report ID: A70099C2Q8
Neil A. Slenker, Esquire
Supreme Court I.D.#: 77974
Stock and Leader
Susquehanna Commerce Center - East
221 West Philadelphia Street, Suite 600
York, PA 17401-2994
Phone: 717-846-9800
Fax: 717-843-6134
Attorney for Plaintiff, The Washington Savings Bank, F.S.B.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
THE WASHINGTON SAVINGS BANK, F.S.B.,
Plaintiff,
V.
RICHARD SHANK,
Defendant
NO.: 2009-8869
Action in
Mortgage Foreclosure
NOTICE OF FILING JUDGMENT
(X) Notice is hereby given that a Judgment in the above-captioned matter has been entered against you
amount of $76,531.95
( X) A copy of all documents filed with the Prothonotjsupp of the ' in, ent is a d.
By:
If you have any questions regarding this Notice, please contact the filing party:
(This Notice is given in accordance with Pa.R.C.P. 236)
NOTICE SENT TO:
Richard Shank
106 Wayne Avenue
Enola, PA 17025
Neil A. Slenker, Esquire
STOCK AND LEADER
Susquehanna Commerce Center
East Building, 6th Floor
221 West Philadelphia Street
York, PA 17401-2994
(717) 846-9800
the
U:\NS\WASHINGTON SAVINGS BANK\Shank, Richard\236NOTIC.doc
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson r :- , __�Jr: i .
Sheriff rits,of ittt�tir i...+" I H Er 1``ii U I I 10 IN 0_111%R
Jody S Smith
Chief Deputy 2013 J19L 2 3 AM 13: 13
Richard W Stewart
Solicitor OFFICE cr THE SHERIFF CUMBERLAND COAiTY
F"ENNS`r'L.VAN1A>,
The Washington Savings Bank, F.S.B.
vs. Case Number
Richard Shank 2009-8869
SHERIFF'S RETURN OF SERVICE
04/03/2013 10:19 AM- Deputy Shawn Harrison, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 106 Wayne Avenue, East Pennsboro Township, Enola,
PA 17025, Cumberland County.
04/03/2013 10:19 AM -Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same
time personally handing a true copy to a person representing themselves to be DEBRA SHANK-WIFE,
who accepted as"Adult Person in Charge"for Richard Shank at 106 Wayne Avenue, East Pennsboro
Township, Enola, PA 17025, Cumberland County.
06/05/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on June 5, 2013 at 10:00 a.m. He
sold the same for the sum of
$21,000.00 to Jeremy Hunter/James P. Halkias, on behalf of J K Myers Contracting, 4075 Linglestown
Road, #244, Harrisburg, PA 17112, being the buyer in this execution, paid to the Sheriff the sum of
06/28/2013 Proposed Schedule Of Distribution Posted
07/12/2013 Distribution of Schedule as Proposed
SHERIFF COST: $1,937.31 SO ANSWERS,
July 12, 2013 RONNY R ANDERSON, SHERIFF
,sD
x-93 WV;;7
(c)CountySuite Sheriff,Teleosoft,Inc.
.�4
` a
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
THE WASHINGTON.SAVINGS BANK, F.S.B., NO.: 2009-8869
Plaintiff,
V.
RICHARD SHANK, Action in
Defendant Mortgage Foreclosure
i
AFFIDAVIT PURSUANT TO PA R.C.P.RULE 3129.1
? Neil A. Slenker,Esquire,attorney for Plaintiff,The Washington Savings Bank,F.S.B.in the
above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following
information concerning the real property located at: 106 Wayne Avenue,East Pennsboro Township,
County of Cumberland, Enola, Pennsylvania.
1. Name and address of Owner(s) or Reputed Owner(s):
Richard Shank
106 Wayne Avenue
Enola, PA 17025
2. Name and address of Defendant(s) in the judgment:.
Richard Shank
j 106 Wayne Avenue
I{ Enola, PA 17025
i
3. Name and last known address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
j
The Washington Savings Bank, F.S.B.
4201 Mitchellville Road
Suite 300
Bowie,Maryland 20716
NOTICE PURSUANT TO THE FEDERAL FAIR DEBT COLLECTI.ON.PRACTICES ACT:
THIS FIRM IS ENGAGED IN DEBT COLLECTION. THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
i
1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
THE WASHINGTON SAVINGS BANK,F.S.B., NO.: 2009-8869
Plaintiff,
V.
RICHARD SHANK, Action in
Defendant Mortgage Foreclosure
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held on June 5, 2013 in the
CUMBERLAND COUNTY COURTHOUSE, ONE COURTHOUSE SQUARE, CARLISLE,
PENNSYLVANIA 17013.
i
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property, together with a brief mention of
the buildings and any other major improvements erected on the land, (SEE DESCRIPTION
ATTACHED)
THE LOCATION of your property to be sold is:
106 Wayne Avenue,East Permsboro Township, County of Cumberland,Enola,Pennsylvania
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
2009-8869
The name of the owners or reputed owners of this property are:
Richard Shank
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to
be disbursed by the Sheriff(for example, to banks that hold mortgages and municipalities that are
owed taxes), will be filed by the Sheriff within thirty (30) days after the sale and distribution of the
proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days of the date it is filed. Information about the schedule of
distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. (717) 240-
6390.
NOTICE PURSUANT TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT:
THIS FIRM IS ENGAGED IN DEBT COLLECTION. THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY. It has been issued because there is a judgment against you. It may cause your
property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent
your property from being taken. A lawyer can advise you more specifically of these rights. if you
wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle,PA 17013
Phone: 717-249-3166 or 800-990-9108
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of Cumberland County,
Pennsylvania to open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same Court if you are
aware of the legal defect in the obligation or procedure used against you.
2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of
Cumberland County, Pennsylvania to set aside the sale for a grossly inadequate price or for other
proper cause. This petition must be filed before the Sheriff s deed is delivered.
.3. A petition or petitioners raising the legal issues or rights mentioned in the preceding
paragraphs must be presented to the Court of Common Pleas of Cumberland County, Pennsylvania at
one of the Court's regularly scheduled business court sessions. The petition must be served on the
attorney for the creditor at least two (2) business days before presentation to the Court and a
proposed Order or Rule must be attached to the petition. If a specific return date is desired, such date
must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania 17013 before presentation of the petition to the Court before
presentation of the petition to the Court.
DATE: l —0 1
N A. Slenker,Esquire
I.D. No. 77974
Attorney for Plaintiff
Susquehanna Commerce Center
East Building,6th Floor
221 West Philadelphia Street
York,PA 17401-2994
717-846-9800
NOTICE PURSUANT TO THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT:
THIS FIRM IS ENGAGED IN DEBT COLLECTION. THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
J
SHERIFF'S SALE ON MARCH 6,2013
2009-8869 Tax No.: 09-14-0834-254
Richard Shank
106 Wayne Avenue
Enola, PA 17025
ALL THAT CERTAIN tract of land situation in the Township of East Pennsboro, County
of Cumberland,Pennsylvania, more particularly bounded and described in accordance with a
Survey made by Ernest J. Walker, Professional Engineer, dated July 13, 1967, as follows:
BEGINNING at a point on the East side of Wayne Avenue (30 feet wide), said point
being 232.5 feet south of the intersection of Wayne Avenue with the projected center line of
Huntington Avenue; thence extending along land now or formerly of Francis W. McConnell, et
ux, South 88°55' to a point; thence North 3°50', East, 9.10 feet to a point; thence 86°55' East,
211.94 feet to a point on the western line of Valley Road (20 feet wide, presently unopened);
thence.extending along the same,North 10°10' West, 65 feet, more or less, to a point 4 feet south
of the dividing line between Lot Nos. 16 and 15 on the hereinafter.mentioned Plan of Lots;
thence in a westerly direction by a line 4 feet south of the dividing line between Lot Nos. 16 and
15, and parallel thereto, 255 feet, more or less, to a point on the east side of Wayne Avenue
aforesaid; thence along the same, South 3° East, 51 feet, more or less, to the point and place of
BEGINNING.
BEING the major portion of Lot No. 15 and a small part of Lot No. 14, Section H,on the
Plan of Lots of West Enola, which Plan is recorded in Plan Book 1,Page 29, and a revised Plan
thereof is recorded in Plan Book 2, Page 70 of the Cumberland County Recorder of Deeds
Office.
HAVING THEREON ERECTED a dwelling commonly known as 106 Wayne Avenue.
BEING the same premises which James M. Bach,by Deed dated December 7, 2001, and
recorded December 18, 2001 in the Office of the Recorder of Deeds in and for Cumberland
County in Deed Book 249, Page 3276, granted and conveyed unto John W. Kichman and Patricia
J. Kichman,his wife, the Grantors herein.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 09-8869 Civil
COUNTY,OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE WASHINGTON SAVINGS BANK,F.S.B,
Plaintiff(s)
From RICHARD SHANK
(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: $76,531.95 L.L.: $.50
Interest -Post Judgment Interest(7/20/12- 12/20/12) -- $1,937.32 (with interest continuing at a rate
of$12.58 per diem)
Atty's Comm: Due Prothy:$2.25
Atty Paid: $181.44 Other Costs:
Plaintiff Paid:
Date: 12/21/12
David D. Buell,Prothonotary
(Seal) vzto,4�'
Deputy
REQUESTING PARTY:
Name: NEIL A. SLENKER,ESQUIRE
Address: STOCK AND LEADER
SUSQUEHANNA COMMERCE CENTER EAST/SUTIE 600
221 W PHILADELPHIA STREET
YORK,PA 17401-2994
TRUE COPY, FROM F RECORD
Attorney for: PLAINTIFF
-!n Testimmy,whereof,I here unto'set my hand
Telephone: 717-846-9800 and the seal of'said,COW at Carlisle,Pa.
2o La—
This LW4- da of ' �%,
rothonota
Supreme Court ID No. 77974 P ry
On March 8, 2013 the Sheriff levied upon the
defendant's interest in the real property situated in
East Pennsboro Township, Cumberland County, PA,
Known and numbered as 106 Wayne Avenue,
Enola, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: March 8, 2013
By:
��'
Real Estate Coordinator
i a
z� _
CUMBERLAND LAW JOURNAL
Writ No. 2009-8869 Civil HAVING THEREON ERECTED a
dwelling commonly known as 106
THE WASHINGTON Wayne Avenue.
SAVINGS BANK,F.S.B. BEING the same premises which
vs. James M. Bach, by Deed dated
RICHARD SHANK December 7, 2001, and recorded
December 18, 2001 in the Office
Atty.: Neil A. Slenker of the Recorder of Deeds in and for
ALL THAT CERTAIN tract of land Cumberland County in Deed Book
situation in the Township of East 249, Page 3276, granted and con-
Pennsboro, County of Cumberland, veyed unto John W. Kichman and
Pennsylvania, more particularly Patricia J. Kichman, his wife, the
bounded and described in accor- Grantors herein.
dance with a Survey made by Ernest Tax No.: 09-14-0834-254.
J. Walker, Professional Engineer,
dated July 13, 1967,as follows:
BEGINNING at a point on the East
side of Wayne Avenue(30 feet wide),
said point being 232.5 feet south of
the intersection of Wayne Avenue
with the projected center line of Hun-
tington Avenue; thence extending
along land now or formerly of Francis
W. McConnell, et ux, South 88°55'
to a point;thence North 3°50', East,
9.10 feet to a point; thence 86°55'
East, 211.94 feet to a point on the
western line of Valley Road (20 feet
wide, presently unopened); thence
extending along the same, North
10°10'West,65 feet,more or less,to
a point 4 feet south of the dividing
line between Lot Nos. 16 and 15 on
the hereinafter mentioned Plan of
Lots; thence in a westerly direction
by a line 4 feet south of the dividing
line between Lot Nos. 16 and 15,
and parallel thereto, 255 feet, more
or less, to a point on the east side
of Wayne Avenue aforesaid; thence
along the same, South 3' East, 51
feet, more or less, to the point and
place of BEGINNING.
BEING the major portion of Lot
No. 15 and a small part of Lot No.
14, Section H,on the Plan of Lots of
West Enola,which Plan is recorded in
Plan Book 1,Page 29, and a revised
Plan thereof is recorded in Plan Book
2,Page 70 of the Cumberland County
Recorder of Deeds Office.
68
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
: ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne,Esquire,Editor'of the Cumberland Law Journal, of the County and
State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
April 12,April 19 and April 26,2013
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.
()Eisa Marie Coyne, Iditor
SWORN TO AND SUBSCRIBED before me this
Z6 day of April,2013
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My commission Expires Apr 28,2014
The Patriot-News Co.
2020 Technology Pkwy the atr1*otwXews
Suite 300 '
Mechanicsburg, PA 17050 Now you know
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317.
2009-8869 civil This ad ran on the date(s)shown below:
TH p WASHINGTON SAVING
BANK,F.S.B. 04116113
Vs.
RICHARD SHANK 04/23113
Atty: Nell A.Slenker 04/30/13
ALL THAT CERTAIN tract of land
situation in the Township of Fast Pennsboro,
County of Cumberland,Pennsylvania,more , , . , , , . . . . . . . . . .
particularly bounded and described in"
accordance with a Survey made by Ernest
S 13,196er,Pfollows:nalEngineer,datedJuly Sworn to and subscribed before m this 13 day of May, 2013 A.D.
13,1967,as follows:
BEGINNING at a point on the East side
of Wayne Avenue(30 feet wide),said point
being 232.5 feet south of the intersection
of Wayne Avenue with the projected ry Ublic
center line of Huntington Avenue;thence
extending along land now or formerly of
Francis W.McConnell,et ux,South 88'55'
4E to a point;thence North 3'50',East,9.10
?Hd feet to a point thence 86'55'East,211.94
3 feet to a point on the western line of Valley
Road(20 feet wide,presently unopened); COMMONWEALTH OF PENNSYLVANIA
thence extending along the same, North Notarial Seal
10'10'West,65 feet_=o—mss,to a point Holly Lynn Warfel,Notary Public
4 feet south of the dividing line between Lot Washington Twp.,Dauphin County
Nos.16 and 15 on the hereinafter mentioned My Commission Expires Dec.12,2016
Plan of Lots;thence in a westerly direction MEMBER,PENNSYLVANIA ASSOCIATION OF-NOTARIES
by a line 4 feet south of the dividing line
between'Lot Nos. 16 and 15,and parallel
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
}SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which J K Myers Contracting is the grantee the same having been sold to said
grantee on the 5th day of June A.D., 2013, under and by virtue of a writ Execution issued on the 21 st
day of December, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2009
Number 8869, at the suit of Washington Savings Bank FSB against Richard Shank is duly recorded as
Instrument Number 201324165.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this 3 day of
A.D. p 1-3
d-IJ
Recorder of Deeds
My Commissiat 'res the FQSt� �PA
Mon ft Of Jan.2014