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HomeMy WebLinkAbout10-1115IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB Plaintiff, vs. MARK E. COLLINS and PHYLLIS COLLINS, Defendants. TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAYBE ERE AINST YOU. ATTO E FO LAINTIFF a I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 11350 McCormick Road, Suite 200 Hunt Valley, MD 21031 AND THE DEFENDANT(S): 319 Charles Road Mechanicsburg, PA 7055 ATTORNEY F CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 319 Charles Roa0 lV*chanicsburg, PA 17055 ATTORNEY CIVIL DIVISION NO.: gip--1115 0"wil! rm TYPE OF PLEADING CIVIL ACTION - COMPLAINT n -T- IN MORTGAGE FORECLOSUR» !" - Cz 1 f tl? FILED ON BEHALF OF: Eastern Savings Bank, FSB Plaintiff, -' rn ? cn w "' COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 9a.oo PD n-rrv c?c+f 80$41 aarlw3 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB CIVIL DIVISION NO.: Plaintiff, '0 ` / / / 5 C -If ; I --f e_s' . vs. MARK E. COLLINS and PHYLLIS COLLINS, Defendants. TYPE OF PLEADING NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB CIVIL DIVISION Plaintiff, vs. MARK E. COLLINS and PHYLLIS COLLINS, Defendants. NO.. TYPE OF PLEADING AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB CIVIL DIVISION Plaintiff, NO.: ) o .- )/ /,,5-- G cv l 4erm , vs. TYPE OF PLEADING MARK E. COLLINS and PHYLLIS COLLINS, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Eastern Savings Bank, FSB, by its attorneys, James, Smith, Dietterick & Connelly LLP, files this Complaint in Mortgage Foreclosure as follows: The Plaintiff is Eastern Savings Bank, FSB, which has its principal place of business at 11350 McCormick Road, Suite 200, Hunt Valley, Maryland 2103 1. 2. The Defendants, Mark E. Collins and Phyllis Collins, are adult individuals whose last known address is 34 E. Locust Avenue, Carlisle, Pennsylvania 17013. 3. On or about July 18, 2008, Defendants executed a Note in favor of Plaintiff in the original principal amount of $75,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about July 18, 2008, as security for payment of the aforesaid Note, Defendant, Mark E Collins, made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $75,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on July 23, 2008 as WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $89,487.39, with interest thereon at the rate of $28.21 per diem from February 9, 2010 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. & CONNELLY LLP Dated: 2/12/10 Kimberly A. Bonner, Esquire PA I.D #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PA I.D. # 55650 EXHIBIT "A" • 0 NOTE 07/18/Og Carlisle Pennsylvania Dare Gary State 319 Charles Rd, Mechanicsburg PA 17055 Property Address City State ZP Code 1. BORROWER'S PROMISE TO PAY In return fora loan that I have received, I promise to pay U.S. $ 75, 000.00 (this amount is called .principal"), plus interest, to the order of the Lender. The Lender is Eastern Savings Bank, fsb, Executive Plaza II, Suite 200, 11350 McCormick Road, Hunt Valley, MD 21031. I understand that the Lender may transfer this Now. 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 * %. * SEE ADDENDUM TO NOTE 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, and through and after the entry of a judgment of foreclosure. 3. PAYMENTS (A) Time and Place of Payments On the date of this Note, I will pay interest on principal from the date of disbursement (unless disbursement occurs on the first of a calendar month) through the last day of the calendar month in which disbursement occurs. This payment shall be applied to the loan by Note Holder on the first day of the month following disbursement. Thereafter, I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on September 1, 2008. 1 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. My monthly payments will be applied fast to any applicable prepayment premium, then to interest computed to the date of payment, then to principal, and then to accrued late charges. If, on August 1, 2038 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." If I fail to pay this Note in full on or before the maturity date, I will pay interest from and after the maturity date upon the unpaid principal balance at the rate of interest prevailing under this Note. Note Holder, at its option, may declare any retraining indebtedness immediately due and payable Ten ( 10 ) years after the date of this loan or annually thereafter on the anniversary of that date. If Note Holder elects to exercise this option, Note Holder shall provide at least ninety (90) days prior notice to Borrower. I will make my monthly payments at Eastern Savings Bank, fsb, Executive Plaza II, Suite 200, 11350 McCormick Road, Hunt Valley, MD 21031 or at a different place if required by the Note Holder. (R) Amount of Monthly Payments My monthly payments will be in the amount of U.S. $ * * SEE ADDENDUM TO NOTE 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. * SEE ADDENDUM TO NOTE The Note Holder will use my Prepayments, less the prepayment premium, if applicable, 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 it 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: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (ii) 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. FSB Multistate Form 3200 11/03 1/3 Initials multnte.pcl • • 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 15 calendar days after the date it is due. I will pay a late charge to the Note Holder. The amount of the charge will be 5 % 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 ratite is delivered or mailed to me. (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 he 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. Reasonable attorneys' fees shell include fees expended in bankruptcy proceedings filed on behalf of or against me. (F) NSF Charges Lender may charge a fee of 515.00 if a check submitted by the borrower is dishonored on the second presentment. 7. GIVING OF NOTICES 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. A notice will be delivered or mailed to me 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 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. BORROWER, AND NOTE HOLDER BY ITS ACCEPTANCE OF THIS NOTE, HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, OR RELATED TO, THE SUBJECT MATTER OF THIS NOTE AND THE BUSINESS RELATIONSHIP THAT IS BEING ESTABLISHED. THIS WAIVER IS KNOWINGLY, INTENTIONALLY AND VOLUNTARILY MADE BY BORROWER AND BY NOTE HOLDER, AND BORROWER ACKNOWLEDGES THAT NEITHER NOTE HOLDER NOR ANY PERSON ACTING ON BEHALF OF NOTE HOLDER HAS MADE ANY REPRESENTATIONS OF FACT TO INDUCE THIS WAIVER OF TRIAL BY JURY OR HAS TAKEN ANY ACTIONS WHICH IN ANY WAY MODIFY OR NULLIFY ITS EFFECT. BORROWER AND NOTE HOLDER • r+-..?-.+-i. a:? \vn 11 ? r c nnrl r nL of r-VA r U1,11 I r v lon rCrrlNmanIV 1 r Vj LIN THE SIGNING OF THIS NOTE AND IN THE MAKING OF THIS WAIVER BY INDEPENDENT LEGAL COUNSEL. Initials FSB Multistate Form 3200 S 1/03 2;3 multnte.pel • 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions 1 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: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. This notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 11. APPLICABLE LAW This Note shall be governed by federal law. To the extent that reference to state law is necessary, then this Note shall be governed by the provisions of Subtitle 10 of Article 12 of the Commercial Law Article of the Annotated Code of Maryland, as amended from time to time, except to the extent any of such provisions is preempted by federal law. 12. ATTORNEY'S FEES TO PREVAILING PARTY In the event of any litigation regarding this Note, the Security Instrument, or any other documents pertaining to the loan evidenced by this Note, the prevailing party shall be entitled to an award of attorney's fees against the non-prevailing party. 13. CROSS LIENS If this Note is secured by more than one property, then, subsequent to default and acceleration, Note Holder shall have the option of foreclosing on those properties in any order Note Holder deems appropriate. If any property is sold at foreclosure to a third party, the debt shall be reduced by the actual proceeds received from foreclosure on the date those proceeds are received by Note Holder. If Note Holder is the purchaser at foreclosure, the debt shall be reduced by the amount of the Note Holder's foreclosure bid. 14. SEVERABILITY In the event that any provision of this Note is determined to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision of this Note. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. I Mork E.nColli Phyllis Collins FSB Multistate Form 3200 05/04 313 -Borrower (Seal} -Borrower (Seal) -Borrower (Seal) -Borrower [Sign Original Only] Initials maltate3.pcl 193619 ADDENDUM TO NOTE This Addendum made this 18th day of July, 2008, is attached to and made a part of that certain Note from the undersigned Borrower(s) to Eastern Savings Bank dated of even date herewith. SEREST Interest shall be chargeable at the rate of Thirteen and 990/1000 percent ( 13.990%) per annum accruing and payable in arrears except as otherwise provided, from the date of this Note through July 31, 2009; and at the rate of Thirteen and 490/1000 percent ( 13.490%) from August 1, 2009 through July 31, 2010; and at the rate of Twelve and 740/1000 percent ( 12.740%) from August 1, 2010 through July 31, 2011; and at the rate of Eleven and 990/1000 percent ( 11.9901) from August 1, 2011 through July 31, 2012; and at the rate of Eleven and 240/1000 percent ( 11.240X) from August 1, 2012 through July 31, 2013; and at the rate of Ten and 490/1000 percent ( 10.4901) from August 1, 2013 through July 31, 2014; and at the rate of Nine and 740/1000 percent ( 9.7400 from August 1, 2014 through July 31, 2015; and at the rate of Nine and 490/1000 percent ( 9.490%) from August 1, 2015 until maturity of the loan. PAYMENTS Commencing on September 1, 2008, and continuing on the 1st day of each month through August 1, 2009, payments of principal and interest in the amount of $888.07 shall be due and payable. For the period from September 1, 2009 through August 1, 2010, payments of principal and interest in the amount of $858.72 shall be due and payable. For the period from September 1, 2010 through August 1, 2011, payments of principal and interest in the amount of $815.49 shall be due and payable. For the period from September 1, 2011 through August 1, 2012, payments of principal and interest in the amount of $773.28 shall be due and payable. For the period trom September 1, 2012 through August 1, 2013, payments of principal and interest in the amount of $732.26 shall be due and payable. For the period from September 1, 2013 through August 1, 2014, payments of principal and interest in the amount of $692.59 shall be due and payable. For the period from September 1, 2014 through August 1, 2015, payments of principal and interest in the amount of $654.43 shall be due and payable. For the period from September 1, 2015 tf'.rough July 1, 2038, payments of principal and interest in the amount of $642.17 shall be due and payable. BORROWER'S RIGHT To PREPAY If this Note is prepaid in whole or in part, whether the prepayment is voluntary or involuntary, including any prepayment effected by the Note Holder's exercise of the acceleration provisions in this Note or the Security Instrument, within 36 months from the date of this Note, then Borrower must pay a prepayment premium. The premium will be six (6) months interest, at the Note rate, on the prepaid principal. WITNESS THE HAND(S) Amn SEAL(S) OP THE (Seal) rower (Seal) _ (Seal ) -Borrower _ (Seal) -Borrower 0 Simple Interest Disclosure Eastern Savings Bank utilizes the "daily simple interest" method in applying mortgage payments to its residential loan accounts. Under the "daily simple interest" method, your monthly loan payment will be applied to your account as of the date it is received, not the scheduled due date, as is the case with some other, types of mortgage loans. If your monthly payment is received prior to the monthly due date, more of your payment will be applied to the outstanding principal balance of your loan since less of your payment will be required to pay the interest due under your loan during that monthly billing cycle. Conversely, if your monthly payment is received after the due date or if previous loan payments were paid after their contractual due date, more of your payment will be required to satisfy the interest due on your account; therefore, less or possibly even none of your payment will be applied to the outstanding principal balance of your loan. Your loan includes a grace period of 15 days before assessment of a late charge, but you must make your scheduled monthly payments on or before the monthly due date in order for your loan to be fully repaid by the scheduled maturity date. Although payments received within fifteen days after the monthly due date would not incur a late charge, such payments would result in less than the scheduled principal repayment and therefore a higher amount of interest charges over the life of your loan. Accordingly, you might have a large balance due at the end of your loan despite making all of your scheduled monthly payments within the grace period. One way to make sure your loan is paid in full on the scheduled maturity date is to establish automatic payments from your bank account. Please contact the Loan Servicing Department of Eastern Savings Bank at (840) 787-2265, if you wish to inquire about this procedure. This disclosure is being provided to you today either because you have applied for a loan or because you are about to settle on a loan. If you have applied for a loan, this disclosure will assist you in evaluating the loan and will describe one of the terms that will be in your loan documents if you ultimately obtain a mortgage loan from Eastern Savings Bank. If you are receiving this disclosure at the settlement of your loan, you will be asked to sign below to acknowledge receipt. B90 wer? mark Collin. Date (( - 7 AMY Co-BOrr er Yl l i s o l l ins Date sintdisc.pcl 11/3/2004 Prepayment Fee / Prepayment Premium Notice Your loan documents include a provision that will require you to pay a fee if all or part of the principal amount of your loan is repaid earlier than the repayment is due under your loan documents. Throughout this notice we will use the term Prepayment Fee to refer to all types of Interest Guarantee, Prepayment Fee and/or Prepayment Premium clauses. Based upon the size of your loan and the rate in effect at the time of an early repayment, the amount of the fee can be substantial. Therefore, you should carefully read and ensure that you fully understand the terms of your Note and any Addendums. If you would like to explore your options to receive a loan without a Prepayment Fee, you should not sign your loan documents and should contact your Eastern Savings Bank Loan Representative to determine if you qualify for a loan without a Prepayment Fee. During the period while your Prepayment Fee is in effect, you will be required to pay a Prepayment Fee whether the prepayment is voluntary or involuntary. For example, a voluntary prepayment would occur if you sell your house, make a partial prepayment, or refinance your loan. An involuntary prepayment would occur if we were forced to foreclose on your house due to an event of default such as nonpayment. If you are planning on selling your house during the period covered by your Prepayment Fee, you should discuss your Prepayment Fee options with your Eastern Savings Bank Loan Representative. Under certain circumstances, you might be entitled to a reduced Prepayment Fee if you sell your home. However, the reduction to your Prepayment Fee will only be available if you request it prior to closing on your loan. Eastern Savings Bank is a federal savings bank chartered under Section 5 of the Home Owners' Loan Act (12 U.S.C. Section 1464), and supervised by the Office of Thrift Supervision ("OTS'j, an agency within the United States Department of the Treasury. OTS regulations specifically authorize us to charge a prepayment fee, and preempt state or local laws impacting our lending activities, including laws regarding prepayment fees. Therefore, we can include a Prepayment Fee in your loan, even if you reside in a state that has a law restricting prepayment fees. A common Prepayment Fee is frequently referred to as a "Three-Year; Sic-Month Prepay." In simple terms, if you repay your loan during the first three years of the loan (or before the due date of your 3e regular monthly payment, depending upon the specific language of your Prepayment Fee), you will be required to pay an amount equal to six months of interest for. the amount of principal prepaid at the interest rate that is in effect at the time of your prepayment. For example, if your loan has a rate of 11.5% and a balance of $165,000 at the time it is repaid prior to the expiration of a "Three-Year; Six- Month Prepay," the amount of your Prepayment Fee would be $9,487.50. You will be required to pay the Prepayment Fee (in addition to all other amounts due) before we will release the mortgage or deed of trust on your property. If your loan is larger, has a higher rate and/or includes an Interest Guarantee feature, the amount of your Prepayment Fee will likely be higher than in this example. If you make a partial prepayment, your Prepayment Fee will be based solely on the amount of principal you have prepaid. Thus, the Prepayment Fee will be less than if your loan were prepaid in full. Your Note and any Addendums contain the terms of the Prepayment Fee applicable to your loan. These loan documents establish your legal obligation pay you an and are not modified in any way by this or any other notice we may ave provided to ou previously. B signin below, you acknowledge receiving this notice Marx E. Collins Phyll' Collins EXHIBIT "B" 1??195- ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200825187 Recorded On 7/23/2008 At 2:52:5 1 PM * Instrument Type - MORTGAGE Invoice Number - 25720 User ID - RAK * Mortgagor - COLLINS, MARK E * Mortgagee - EASTERN SAVING S BANK * Customer - FREY * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $37.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $64.50 * Total Pages - 18 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA of CU / RECORDER O D DS " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. III iiii?wiuiiuAis Prepared By: Return To: Eastern Savings Sank, fsb Premises: 319 Charles Rd Mechanicsburg, PA 17055 ISPwc Above This IAw For Raurding Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined helow and other words are de£med in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16- (A) "Security Instrmument" means this document, which is dated July 16, 2008 together with all Riders to this document (B) "Borrower" is Mark E. Collins Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Eastern Savings Bank, fsb PENNSYLVANIA - Single Family - Fannie Maa/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 Wolters Kluwer Financial Services VMP01-6(PA)w7oer.o,??L-=- I ?IaN P- i of ," in"i,n: 'HH,NRN Lender is a Federal Savings Bank organized and existing under the laws of The United States of America Lender's address is 11350 Mo -ick Road. Ste. 200, aunt v1111y, - 2]"31 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated July 18 , 2008 The Note states that Borrower owes Lender Seventy Five Thousand and 00/100 Dollars (U-S.$ 75,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than August 1, 2038 (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 D Second Home Rider ? Balloon Rider Planned Unit Development Rider 14 Family Rider VA Rider Biweekly Payment Rider Other(s) (specify( (FI) "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. M "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. (.I) "Electronic Furls 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 ac 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. M "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 arty 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. wt- VMP ®-6(PAl rmoee.ol r.w 2 or 15 Form 3039 1/01 (N) "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 Read Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) aral 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 at '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 tint 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 repaymmit 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 (Type of Recording Juridiction) of Cumberland [Name of Rreordmg Jurisdmionl: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART IERMP. which currently has the address of 319 Charles Rd Istreet, Mechanicsburg /city,, Pennsylvania 17055 [Zip code, ("Property Address"): 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 he covered by this Security Instrument. All of the foregoing is referred to in this Security instrument as the 'Property." t rri.i.: VMP91$(PAlto7oet.ot P,P"a"rte Form 3039 7/01 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 or 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 he 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; (h) 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 odder location as may be designated by Leader in accordance with die 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 treed riot pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower nukes 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 die future against Lender shall relieve Borrower from making payments due under the Note and this Security Instruurcnt 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 he applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall he applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can he iMtlala: r "'t ?/ VMPa-61PAlio7oet.ot pa,soere 1"- Form 3039 1101 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 he 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. Rinds 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 lieu 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 alt notices of amounts to he 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 wake such payments and to provide receipts shall for all purposes he 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 Leader to apply the Funds at the time specified uraler 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 shalt be held in an institution whose deposits air 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 [Wade in writing or Applicable Law requires interest to he 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 kkNk VMP0-6(PA)to7oal.oi P"g6ot to Form 3039 1/01 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defured under RESPA, Leader 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 I istrument, 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. Leader may give Borrower a notice identifying the lien. Within 10 days of due 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 Lean, 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 front an objection by Borrower. VMP 0 -6(PA)imow - vie a 0 10 Form 3039 1101 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 die cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may [Hake 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 restnratNro 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 he paid on such insurance proceeds, Lender shall not he required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not he paid out of the insurance proceeds and shall he the sole obligation of Borrower. If the restoration or repair is not economically feasible or tender's security would be lessened, the insurance proceeds shall he 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. 1-117 VMPw-6(PAllo7oet.ot P- 7 of 18 K Form 3639 1161 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 Prof" 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 circumstanecs 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 Properly. 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 S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on tine Property. Lender shall give Borrower notice at the time of or prior to smh 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 will) Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or staternents 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 Urxler this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (h) 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), ar (c) Borrower has abandoned the Property, then Lender tray 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 snake 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. 1-1.: (j L VMP eD-6(PAi wroei.oe P.e. 8.r ee l.k? Form 3039 1101 Any amounts dishursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest of the Note rate from the date of disbursement and shall he 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 requited 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 he ton-refundable, notwithstanding die fact that the Loan is ultimately paid in full, and Lender shall not he 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 snaking the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insunince 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 off 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 fonds 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 he 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 die 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 Irtsttrance, 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 rehmd. m? .. VMP ®-b1PA) toroer.oi Py. 90 10 Form 3039 1101 (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 he paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall he applied to restoration or repair of the Property, if the restoration or repair is economically fusible 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 payutents as the work is completed. Unless all agreement is made in writing or Applicable Law requires interest to he 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 he 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 is value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall he 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 he applied to the sums secured by this Security Instrument whether or not the stems 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 die 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 he 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 he wu.r: VMP®-s(PAl(o?oe;.oi P.O. 100 16 Form 3039 1101 K dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in die 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 he 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 he 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 tine 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 he a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; S?we ssors 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 lnsttument only to mortgage, grant and convey the c0-signer's interest in the Property under the terms of this Security instrument; (b) is not personally obligated to pay the gurus 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 cosigner'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 anti benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security instrument shall hind (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 he construed as a prohibition on die charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Iwan 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 he 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 he 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 nude 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 Leader in connection with this Security Instrument mast be in writing. Any notice to Borrower in connection with this Security yIInsstruument shall he deemed to irises.:1)k! VMP W-G(PAI ioroat.o, P.a" i 1 "r to Form 3039 1101 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 he only one designated notice address under [his 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 he governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in it 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 it 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 VMPrO-61PA11o7a8t.nt v.a" 17 or to Form 3029 1 101 6 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 suns 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. We of Note; Change of Loan Service; Notice or Grievance. The Note or a partial interest its 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 die 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 parry 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 die requirements of Section 15) of such alleged breach add afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 nail 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. Harrrtlous Su11512111 S. As used in this Section 21: (a) "Hazardous Substances' arc those substances deemed 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 Iaw; and (d) an "Enviromneraid Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Murk: VMP11-rAPA)to7oa).oi P.m 13"1 19 Form 3039 1101 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 stall 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 remedialion 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 (lie default; (c) when the default moist be aired; and (tq that failure to cure the default as specified may remit in acceleration of the stints secured by this Security Instniment, foreclosure by judicial proceeding and sale of the Property. Lender shall furiber inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the rton-existence of a default or any other elefexnse of Borrower to acceleration and foreclosure. If the default is not arced as spedfled, Lender at its option may require immediate payment in fill of all sums secured by this Security Instnxnent without further demand and may foreclose this Security Instromenl by judicial proceeding. Lender shall be entitled to collect all expenses incurred in perming the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a thud party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's 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. kmlw.. R c V MP es-6(PAI to7ost.o i P.O. 140 16 Form 3039 1101 This is a contract under seal and may be enforced under 42 PA. C.S. Section 5529(6). 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: V MP ®-GIPA) to.os).o i _ (Seal) -Dorm-r (Seal) -Borrower _ (Seal) -Bomrwer A -Iuj r-- -- -- (Seal) Mark E. Collins -Dmmwer (Seal) Aormwer (Seal) Dormwcr _ (Seal) .Borrower Gape M of 16 (Seal) rcrower Form 3039 1101 COMMONWEALTH OF PENNSYLVANIA, CrU W\bey(a Kd County ss: On this, the 18th day of July, 2008 before me, the undersigned officer, personally appeared Mark E. Collins known to me (or satisfactorily proven) to he the person(s) whose name(s) islare subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires- ?. Thlc of Officer NOTARIAL SEAL 0102 ? alloy 9aamt9 U=Uutuo0 Ayy ROBERT G FREY NOTARY PUBLK; vd ARWO P[tevagW"o Q"jr0 p tt6nroog • - 1`` I r 8omugu CO Catfiele C 94ndond Cant' PA 0119nd AHYAON A3kH tJ 1H3908 My Cantnaaton EXPft A t! 4 2010 was TodVION Certificate of Residence I, , do hereby certify that the correct address of the within-named Mortgagee is 11350 McCormick Road, ate. 200, Mmt Valley, Mn 21031 Witness my hand this 18th day of July, 2008 Agent of Mortgages Wink. W?? VMP 0-6(PA) 4060W.02 P_ 16 of i e Form 3039 1101 319 Charts Road, Mechanicsburg, PA 17055 ParcelNo_ 10-21-0279-285 Schedule "A" Continued - Commitment No. P145-473 ALL THA'I' CEIt7'AW piece or PUMI of land situate in Hauiiiden Township, Cumberland County, Puinsylvanta, more particularly bounded and described as follows, to wit: BEGINNING at a point the Nordxaal corner of Chutes Road (50 feet wide) and Del-Brook Road (60 feel wink); thence P.sstwardlly along Del-Brook Road, a distance of 87.5 feet to a point; thence Northwardly on a line parallel with Charles Road, a distance of 8S - feet to Lot No. 9, Mock D, on the hocinaftm nuaadoucil Plan of Lou; dtcoce Westwardly along said Lot No. 9, Block D, it distance'of 87.5 feet to the Easterly line of Charles Road; thence Suolbwardty along die Basicity line of Chant Road, a distance of 85 feet to Nordt side of Del- Brook Road, the place of BEGINNINO. BANG Lot No. 10, Block D, Platt No. I of Del-Brook Manor, which Phan is iccotdcd in the Cumberland County Recorder's Office in Plan Book 6, Page 42. HAVING dtereon erected a one and one-half glory brick and frame dwelling house. EXHIBIT CCU Phyllis Collins 319 Charles Road Mechanicsburg, PA 17055 ACT 91 NOTICE Date: September 23, 2009 Via Certified Mail - Return Receipt Requested Regular U.S. Mail TAKE ACTION TO SAVE YOUR HOME FROM FO"E7CLOSU1\-D-c 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 pies. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agencv. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL -NTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION v4EDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING 1ANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES ,R ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO (OMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL JEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU i TOTECA. HOMEOWNER'S NAME(S): Mark E. Collins and Phyllis Collins PROPERTY ADDRESS: 319 Charles Road, Mechanicsburg, PA 17055 LOAN ACCT. NO.: 521936195 ORIGINAL LENDER: Eastern Savings Bank, FSB CURRENT LENDER/SERVICER: Eastern Savings Bank, FSB 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 YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT " EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise you 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 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 SHOULDFILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HA VE A MEETING WITH A COUNSELING A GENCY WITHIN 33 DA YS OF THE POSTMARK DA TE OF THIS NOTICE AND FILE AN APPLICA TION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABO VE, IN THE SECTION CALLED "TEMPORARY STA Y OF FORECLOSURE". YO U HA VE THE RIGHT TO FILE A HEMAP APPLICA TION EVEN BEYOND T H E S E T I M E P E R I O D S . A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSUR ACTION, BUT IF YOUR APPLICATION IS EVENTUALL Y APPRO VED A T ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT - the MORTGAGE debt held by the above Lender on your property located at: 319 Charles Road Mechanicsburg PA 17055 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:Monthly payment in the amount of $1.036.45 for the months of May 2009 through August 2009 and monthly payment in the amount of $1,007.10 for the month of September for a total monthly payment amount of $5,152.90. Other Charges (explain/itemize) Late charges in the total amount of S575.74; Appraisal the total amount of $125.00 and prior attorneys' fees and costs in the amount of S 100.00 less unapplied in the amount of $702 10 TOTAL AMOUNT PAST DUE: $5,251.54 HOW TO CURE 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 $ 5,251.54 , 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: Scott A. Dietterick, Equire James Smith Dietterick & Connelly LLP PO Box 650 Hershey PA 17033 717-533-3280 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclosure upon your mortgaged 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 attorneys' 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 attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you have never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Eastern Savings Bank, FSB Address: 11350 McCormick Road Suite 200 Hunt Valley, MD 21031 Phone Number: 410-568-6078 Fax Number: 410-568-4570 Contact Person: Mary Romans EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or XX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717. 334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.51 1.2277 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717. 232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717. 2322207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717. 762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 800.342.2397 In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C. )1692(g), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after receipt of this notice. If you dispute the validity of this debt or any portion thereof within this thirty-day period, this firm will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a debt. Any and all information obtained will be used for that purpose. ;squire cc: Mary Romans, Eastern Savings Bank, FSB PHFA Mark E. Collins 319 Charles Road Mechanicsburg, PA 17055 ACT 91 NOTICE Date: September 23, 2009 Via Certified Mail - Return Receipt Requested Regular U.S. Mail TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help 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 when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing; Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA 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): Mark E. Collins and Phyllis Collins PROPERTY ADDRESS: 319 Charles Road, Mechanicsburg, PA 17055 LOAN ACCT. NO.: 521936195 ORIGINAL LENDER: Eastern Savings Bank, FSB CURRENT LENDER/SERVICER: Eastern Savings Bank, FSB 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 YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise you 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 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 SHOULDFILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HA VE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICA TION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STA Y OF FORECLOSURE"YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LA TE APPLICA TION WILL NOT PRE VENT THE LENDER FROM STARTING A FORE CLOSUR ACTION, BUT IF YOUR APPLICATION IS E VENTUA LL Y A PPR 0 VED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. j 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:_ 319 Charles Road Mechanicsburg, PA 17055 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:_ Monthly payment in the amount of $1,036.45 for the months of May 2009 through August 2009 and monthly payment in the amount of $1,007. 10 for the month of September for a total monthly payment amount of $5,152.90. Other Charges (explain/itemize)_ Late charges in the total amount of $575.74; Appraisal the total amount of $125.00 and prior attorneys' fees and costs in the amount of $ 100.00 less unapplied in the amount of $702.10. TOTAL AMOUNT PAST DUE: $5,251.54 HOW TO CURE 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 $ 5,251.54 , 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: Scott A. Dietterick, Equire James Smith Dietterick & Connelly LLP PO Box 650 Hershey PA 17033 717-533-3280 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclosure upon your mortgaged 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 550.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you have never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Eastern Savin s Bank, FSB Address: 11350 McCormick Road, Suite 200 Hunt Valley, MD 21031 Phone Number: 410-568-6078 Fax Number: 410-568-4570 Contact Person: Mary Romans EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or XX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717. 334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717. 232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717. 232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717. 762.3285 PHFA 211 North Front Street Harrisburg, PA 171 10 800.342.2397 In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C. 31692(g), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after receipt of this notice. If you dispute the validity of this debt or any portion thereof within this thirty-day period, this firm will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a debt. Any and all information obtained will be used for that purpose. Esquire cc: Mary Romans, Eastern Savings Bank, FSB PHFA VERIFICATION I, Carol Hamel, Assistant Vice President, on behalf of Eastern Savings Bank, FSB, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. t ? Carol Hamel Assistant Vice President Eastern Savings Bank, FSB SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Fl_L-':.~:-'"~i- ' ;'CRY Sheriff ; '" ,- "~ F"'~'-' ~gk~}vSP Gt 49ttptJFr~~~~~ ~.. ~ _. Jody S Smith Chief Deputy ,''~ .; =~., ~~R~ ~~.~ L4 ~`ii ~~ ~~ Edward L Schorpp Solicitor ~,~G F = -F,~ . ~~.;~_~~~ ~ = -. ~ `?_i~tii~' .. ,,, ~~~~~.~ ~~ _.~ ~j,,''r' Eastern Savings Bank, FSB vs. Mark E. Collins Case Number 2010-1115 SHERIFF'S RETURN OF SERVICE 02/19/2010 07:25 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on February 19, 2010 at 1925 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Mark E. Collins, by making known unto Phyllis Collins, Wife of defendant at 319 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/19/2010 07:25 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on February 19, 2010 at 1925 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Phyllis Collins, by making known unto herself personally, at 319 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.00 February 22, 2010 SO AN ERS, NY R ANDERSON, SHERIFF By Deputy Sheriff tcj t,oun`ySuite 5`2nff, ie!acc=aft. Inr. v ~ 1~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 10-1115 Civil Term vs. ISSUE NO.: ^, MARK E. COLLINS and TYPE OF PLEADING: ..~.;C'. c©.._ ~ -r PHYLLIS COLLINS, r--~ , _... -1-; t~~ Defendants. Pa.R.C.P. RULE 3129.2(C) r-F "?` t AFFIDAVIT OF SERVICE O _: _ .-. DEFENDANTS/OWNERS ANDc:~ r~~ ~+ = OTHER PARTIES OF INTERE.4,~ . ~ CODE: FILED ON BEHALF OF: Eastern Savings Bank, FSB, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB CIVIL DIVISION Plaintiff, vs. MARK E. COLLINS and PHYLLIS COLLINS, Defendants. NO.: 10-1115 Civil Term Pa.R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST I, Scott A. Dietterick, Esquire, attorney for Eastern Savings Bank, FSB, Plaintiff, being duly sworn according to law depose and make the following Affidavit regarding service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendants/Owners and Other Parties of Interest as follows: 1. Defendants, Mark E. Collins and Phyllis Collins, are the record owners of the real property. 2. On or about June 23, 2010, Defendants, Mark E. Collins and Phyllis Collins, were served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129, personally by the Sheriff of Cumberland County, at the address of the mortgaged premises, being 319 Charles Road, Mechanicsburg, Pennsylvania 17055. True and correct copies of said Notices and Returns of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about Apri19, 2010, Plaintiff s counsel served all other parties in interest with Plaintiff s Notice of Sheriff's Sale according to Plaintiff s Affidavit Pursuant to Rule 1, 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Finally, the undersigned deposes and says that Defendants/Owners and all Other Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa. R.C.P. 3129.2. JAMES, SM~/I]H~ DI~TTERICK & CONNELLY LLP Dated: ~ ~ /~ By; S tt A Brick, Esquire Pa I.D 56 0 A eys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Sworn to and subscribed before me this day of , 2010. Notary Public MY COMMISSION EXPIRES: ~p~pHyyFJ1LTHOFPENNSYLVANUI NOTARIAL SEAL MICHELLE ELLIOTT NOTARY PUBLIC PERRY TOWNSHIP DAUPHIN COUNTY MY CO~IIISSION ~(p1RES JUNE 9, 2011 ,. .. _ ~ t _ i r'.,.K~iF' Y~'S~'iE ~, .~~;~ ~ ~i~.-~ ~, .,. ,,~, SHERIFF`S JFFICE OF CUME~ERLAND BOUNTY Ronny R Anderson ~~J Sheriff ~Q~~+;tr at ~utr~Grr~ ~ ~~ e~?N' Jody S Smith '` a Chief Deputy ~ ~~ ~'~" f~ ~~~.. Richard W Stewart ~- Solicitor r~'cE c~ T'~= s"=~'F~ Eastern Savings Bank, FSB vs. Mark E. Collins (et al.) Case Number 2010-1115 SHERIFF'S RETURN OF SERVICE 06/22/2010 02:33 PM -Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on 6-22-2010 at 1433 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mark E. & Phyllis Collins, located at, 319 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 06/23/2010 03:35 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6-23-2010 at 1535 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Phyllis Collins, by making known unto, Phyllis Collins, personally, at, 319 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/23/2010 03:35 PM -Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on 6-23-2010 at 1535 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Mark E. Collins, by making known unto, Phyllis Collins, wife of defendant, at, 319 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and afithe same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $908.92 July 02, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~ci Gouni, Suite Shenfl. Teieosofl. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB CIVIL DIVISION Plaintiff, vs. MARK E. COLLINS and PHYLLIS COLLINS, Defendants. NO.: 10-1115 Civil Tern NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Phyllis Collins 319 Charles Road Mechanicsburg, PA 17055 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 8, ?010, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 319 Charles Road Mechanicsburg, PA 17055 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 10-1115 Civi] Tenn THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Mark E. Collins 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 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, South Hanover Street, Carlisle, Pennsylvania 17013. 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 OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717)240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE• 1. You may file a petition with the Court of Common Pleas of Cumberland County 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 a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition. must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule 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, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DIIETTF~ICI~ & CONNELLY LLP DATED: 3/26/10 BY: Sc~t~etterick, Esquire Pa. LD. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (7l 7) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point the Northeast corner of Charles Road (50 feet wide) and Del-Brook Road (60 feet wide); thence Eastwardly along Del-Brook Road, a distance of 87.5 feet to a point; thence Northwardly on a line parallel with Charles Road, a distance of 85 feet to Lot No. 9, Block D, on the hereinafter mentioned Plan of Lots; thence Westwardly along said Lot No. 9, Block D, a distance of 87.5 feet to the Easterly line of Charles Road; thence Southwardly along the Easterly line of Charles Road, a distance of 85 feet to North side of Del-Brook Road, the place of BEGINNING. BEING Lot No. 10, Block D, Plan No. 1 of Del-Brook Manor, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 42. HAVING thereon erected a one and one-half story brick and frame dwelling. BEING the same premises which Cora M. Micheals, windowed, by Deed dated July 12, ,1991 and recorded on July 15, 1991 in and for Cumberland County, in Deed Book Volume 35-F, Page 278, granted and conveyed unto Mark E. Collins. Tax Map No.: l 0-21-0279-285 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB CIVIL DIVISION Plaintiff, vs. MARK E. COLLINS and PHYLLIS COLLINS, Defendants. NO.: 10-1 1 l5 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Mark E. Collins 319 Charles Road Mechanicsburg, PA 17055 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 1701.3 on Wednesday, September 8, 2010; at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 319 Charles Road Mechanicsburg, PA 17055 Cumberland County The 3UDGMENT under or pursuant to which your property is being sold is docketed to: No. 10-1115 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Mark E. Collins 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 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, South Hanover Street, Carlisle, Pennsylvania 17013. 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 OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: L `y'ou may file a petition with the Court of Common Pleas of Cumberland County 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 a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule 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, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DI~TTF~ICK1& CONNELLY LLP DATED: ~ 3/26/10 BY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SAERIFF LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point the Northeast corner of Charles Road (50 feet wide) and Del-Brook Road (60 feet wide); thence Eastwardly along Del-Brook Road, a distance of 87.5 feet to a point; thence Northwardly on a line parallel with Charles Road, a distance of 85 feet to Lot No. 9, Block D, on the hereinafter mentioned Plan of Lots; thence Westwardly along said Lot No. 9, Block D, a distance of 87.5 feet to the Easterly line of Charles Road; thence Southwardly along the Easterly line of Charles Road, a distance of 85 feet to North side of Del-Brook Road, the place of BEGINNING. BEING Lot No. 10, Block D, Plan No. 1 of Del-Brook Manor, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 42. HAVING thereon erected a one and one-half story brick and frame dwelling. BEING the same premises which Cora M. Micheals, windowed, by Deed dated July 12, ,1991 and recorded on July 15, 1991 in and for Cumberland County, in Deed Book Volume 35-F, Page 278, granted and conveyed unto Mark E. Collins. Tax Map No.: l 0-21-0279-285 Exhibit "A" EXHIBIT "B" 3 w m` v z 0 0 1 k ' _; H[.;;, _ _ ~I`.:'-- ;,en~q(` y ~~~~ ~; ~, ~ ,. ~ W V d d 0 0 y T O W m V d C d An ` c a- I I ~ ° 5m N ' ~ ~ x "tl ~ w c m ~ p N (D ~ ~ ~ ~ ~ ~zz~ ~. o ~ <_ ~ ~ ~ 3 (/1 m p m ~a Y v` ego d O n > ~ ~G R m "' a z ~ O ~ ~ ' ~ _ z ~ o w c~ w 0x ' L m y , K M1- i 1 J n O ~ 71 ~ n m ~ O C"' i ~ 3 D i r ~:si'y 's.~t~ Si ~ H~M1~~' - ~...~__ _,_, aft; 1~~~ ,.ti ~ ~3~. ' ~`SH ~`~'~S~ vd' ' - .++s n, a 3 ~'~- ~. ~Y ~ . tc N AD C O O 31 OC ~ N 3 I I _ om w ~ O ~' -~ cMC O y ~ n r - .w7' ~] H m ~ ~ o Z ~ ~ a~ x ~ °', `d0~~7' m ~ '~ p A d -, '! :: C P u+ o ~- ~ '~ C ~ R° _ c' ~ _ ~ ~e o r b a Z d z N O N O 3 v d N 0 _m I I ~ ~~ N ^m ~ O x-~Y~ ~ O ~ y ~ coo ~Zcn m ~ o ~ < X "D a ~ ~' m ~ O :: d << o C17 `D w _ w C n' n O ~ ~ ~ ~ 1 C1 T - o n y ~ 1 .. m `< O r T ro D 2 ( h S~ -9 n~« n hfrv `` 1 .: - l~ . ` 3 'S V L ~ 1 ~ J C'~.'` '~` ~ US ~.. `` r ,, y~~ ~ r - . a.~: ~y I` ~ ' ' ~wG'So)d ~1+ Gi : is wo v Pal~yv,.. __ ~y ~a}~~ :H- ~i3 .,. ~ z.. ~' '' . ~ti _ -.~M _ 1:.1 ~L . S'fa ~ T ~j ; 7K C . 9 N m m N x ~ ~ O ,, a ~ 0 =° o fA r~~y1 y~y /P T r A ~ j ~ ~ W !ti V1 m ~~ ~ ~ _ s < Uj aoe~C7 ~ "' ~$ '°. O ~ ~' ' o w w ~ 7c' j n m '. n 1 ' , " ~ J Z` O T >n ' ~ ~ ..r 1 '^ ~ u [ l" T c ~° a ~ ` vl ~ ~ I~ ~:; 'i~vc S£~ ~ __. s+.wj pauCW .. i't.., _ ' '~' ~ a~ r ~ r re rA, fi ~ ~ _...~.. :avs~: ~~isr.`' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB CIVIL DIVISION Plaintiff, vs. MARK E. COLLINS and PHYLLIS COLLINS, Defendants. NO.: 10-1115 Civil Term NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: SONIA KHOURI 5 Northlatch Lane Mechanicsburg, PA 17050 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 8, 2010 at 10:00 a.m., the following described real estate which Mark E. Collins is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale o£ 319 Charles Road Mechanicsburg, Pennsylvania 17055 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB Plaintiff, vs. MARK E. COLLINS and PHYLLIS COLLINS, Defendants. at EX. NO. 10-1115 Civil Term in the amount of $91,035.70, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMI H DIETTERICK & CONNELLY~L~ Dated: 4/9/ 10 Scott A. Iii t eric , PA ID #55 0 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point the Northeast corner of Charles Road (50 feet wide) and Del- Brook Road (60 feet wide); thence Eetwardly along Del-Brook Road, a distance of 87.5 feet to a point; thence Northwardly on a line parallel with Charles Road, a distance of 85 feet to Lot No. 9, Block D, on the hereinafter mentioned Plan of Lots; thence Westwardly along said Lot No. 9, Block D, a distance of 87.5 feet to the Easterly line of Charles Road; thence Southwardly along the Easterly line of Charles Road, a distance of 85 feet to North side of Del-Brook Road, the place of BEGINNING. BEING Lot No. 10, Block D, Plan No. 1 of Del-Brook Manor, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 42. HAVING thereon erected a one and one-half story brick and frame dwelling. BEING the same premises which Cora M. Micheals, windowed, by Deed dated July 12, ,1991 and recorded on July 15, 1991 in and for Cumberland County, in Deed Book Volume 35-F, Page 278, granted and conveyed unto Mark E. Collins. Tax Map No.: 10-21-0279-285 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB CIVIL DIVISION NO.: 10-1115 Civil Term Plaintiff, vs. MARK E. COLLINS and PHYLLIS COLLINS, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: HAMPDEN TOWNSHIP c/o Keith O. Brenneman, Esquire 230 S. Sporting Hill Road Mechanicsburg, PA 17055 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 8, 2010 at 10:00 a.m., the following described real estate which Mark E. Collins is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 319 Charles Road Mechanicsburg, Pennsylvania 17055 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB Plaintiff, vs. MARK E. COLLINS and PHYLLIS COLLINS, Defendants. at EX. NO. 10-1115 Civil Term in the amount of $91,035.70, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITHq DIETTERICK & CONNELLY LLP Dated: 4/9/10 By: Scott A. ie PA ID #5565 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point the Northeast corner of Charles Road (50 feet wide) and Del- Brook Road (60 feet wide); thence Eetwardly along Del-Brook Road, a distance of 87.5 feet to a point; thence Northwardly on a line parallel with Charles Road, a distance of 85 feet to Lot No. 9, Block D, on the hereinafter mentioned Plan of Lots; thence Westwardly along said Lot No. 9, Block D, a distance of 87.5 feet to the Easterly line of Charles Road; thence Southwardly along the Easterly line of Charles Road, a distance of 85 feet to North side of Del-Brook Road, the place of BEGINNING. BEING Lot No. 10, Block D, Plan No. 1 of Del-Brook Manor, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 42. HAVING thereon erected a one and one-half story brick and frame dwelling. BEING the same premises which Cora M. Micheals, windowed, by Deed dated July 12, ,1991 and recorded on July I5, 1991 in and for Cumberland County, in Deed Book Volume 35-F, Page 278, granted and conveyed unto Mark E. Collins. Tax Map No.: 10-21-0279-285 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB CIVIL DIVISION NO.: 10-1115 Civil Term Plaintiff, vs. MARK E. COLLINS and PHYLLIS COLLINS, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: PNC BANK NA 2730 Liberty Avenue Pittsburgh, PA 15222 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 8, 2010 at 10:00 a.m., the following described real estate which Mark E. Collins is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale o£ 319 Charles Road Mechanicsburg, Pennsylvania 17055 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB Plaintiff, vs. MARK E. COLLINS and PHYLLIS COLLINS, Defendants. at EX. NO. 10-1115 Civil Term in the amount of $91,035.70, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIETTERICK & CONNELLY LLP / ~ J Dated: 4/9/10 By: Scott A. i e '~k, Egquire PA ID #55 0 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point the Northeast corner of Charles Road (50 feet wide) and Del- Brook Road (60 feet wide); thence Eetwardly along Del-Brook Road, a distance of 87.5 feet to a point; thence Northwardly on a line parallel with Charles Road, a distance of 85 feet to Lot No. 9, Block D, on the hereinafter mentioned Plan of Lots; thence Westwardly along said Lot No. 9, Block D, a distance of 87.5 feet to the Easterly line of Charles Road; thence Southwardly along the Easterly line of Charles Road, a distance of 85 feet to North side of Del-Brook Road, the place of BEGINNING. BEING Lot No. 10, Block D, Plan No. 1 of Del-Brook Manor, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 42. HAVING thereon erected a one and one-half story brick and frame dwelling. BEING the same premises which Cora M. Micheals, windowed, by Deed dated July 12, ,1991 and recorded on July 15, 1991 in and for Cumberland County, in Deed Book Volume 35-F, Page 278, granted and conveyed unto Mark E. Collins. Tax Map No.: 10-21-0279-285 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB CIVIL DIVISION Plaintiff, vs. MARK E. COLLINS and PHYLLIS COLLINS, Defendants. NO.: 10-1115 Civil Term NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 8, 2010 at 10:00 a.m., the following described real estate which Mark E. Collins is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale o£ 319 Charles Road Mechanicsburg, Pennsylvania 17055 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB Plaintiff, vs. MARK E. COLLINS and PHYLLIS COLLINS, Defendants. at EX. NO. 10-1115 Civil Term in the amount of $91,035.70, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIETTERICK & CONNELLY LLP Dated: 4/9/ 10 Scott ~. ttE;~ PA ID 5 50 Attefrney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point the Northeast corner of Charles Road (50 feet wide) and Del- Brook Road (60 feet wide); thence Eetwardly along Del-Brook Road, a distance of 87.5 feet to a point; thence Northwardly on a line parallel with Charles Road, a distance of 85 feet to Lot No. 9, Block D, on the hereinafter mentioned Plan of Lots; thence Westwardly along said Lot No. 9, Block D, a distance of 87.5 feet to the Easterly line of Charles Road; thence Southwardly along the Easterly line of Charles Road, a distance of 85 feet to North side of Del-Brook Road, the place of BEGINNING. BEING Lot No. 10, Block D, Plan No. 1 of Del-Brook Manor, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 42. HAVING thereon erected a one and one-half story brick and frame dwelling. BEING the same premises which Cora M. Micheals, windowed, by Deed dated July 12, ,1991 and recorded on July 15, 1991 in and for Cumberland County, in Deed Book Volume 35-F, Page 278, granted and conveyed unto Mark E. Collins. Tax Map No.: 10-21-0279-285 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB CIVIL DIVISION Plaintiff, vs. NO.: 10-1115 Civil Term MARK E. COLLINS and PHYLLIS COLLINS, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: DEPARTMENT OF REVENUE PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South .Hanover Street Carlisle, Pennsylvania i 7013 on September 8, 2010 at 10:00 a.m., the following described real estate which Mark E. Collins is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 319 Charles Road Mechanicsburg, Pennsylvania 17055 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB Plaintiff, vs. MARK E. COLLINS and PHYLLIS COLLINS, Defendants. at EX. NO. 10-1115 Civi] Term in the amount of $91,035.70, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty. (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, D E E CK & CONNELLY LL>p Dated: 4/9/ 10 By: Scott A. D' 'c E PA ID # 5650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point the Northeast corner of Charles Road (50 feet wide) and Del- Brook Road (60 feet wide); thence Estwardly along Del-Brook Road, a distance of 87.5 feet to a point; thence Northwardly on a line parallel with Charles Road, a distance of 85 feet to Lot No. 9, Block D, on the hereinafter mentioned Plan of Lots; thence Westwardly along said Lot No. 9, Block D, a distance of 87.5 feet to the Easterly line of Charles Road; thence Southwardly along the Easterly line of Charles Road, a distance of 85 feet to North side of Del-Brook Road, the place of BEGINNING. BEING Lot No. l 0, Block D, Plan No. 1 of Del-Brook Manor, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 42. HAVING thereon erected a one and one-half story brick and frame dwelling. BEING the same premises which Cora M. Micheals, windowed, by Deed dated July 12, ,1991 and recorded on July 15, 1991 in and for Cumberland County, in Deed Book Volume 35-F, Page 278, granted and conveyed unto Mark E. Collins. Tax Map No.: 10-21-0279-285 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB CIVIL DIVISION Plaintiff, vs. MARK E. COLLINS and PHYLLIS COLLINS, Defendants. NO.: 10-1115 Civil Term NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: COMMONWEALTH OF PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 1701.3 on September 8, 2010 at 10:00 a.m., the following described real estate which Mark E. Collins is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale o£ 319 Charles Road Mechanicsburg, Pennsylvania 17055 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB Plaintiff, vs. MARK E. COLLINS and PHYLLIS COLLINS, Defendants. at EX. NO. 10-1115 Civil Term in the amount of $91,035.70, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, IETTERICK & CONNELLY LLI~ Dated: 4/9/10 By: Scott A. tte ' c, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point the Northeast corner of Charles Road (50 feet wide) and Del- Brook Road (60 feet wide); thence Eetwardly along Del-Brook Road, a distance of 87.5 feet to a point; thence Northwardly on a line parallel with Charles Road, a distance of 85 feet to Lot No. 9, Block D, on the hereinafter mentioned Plan of Lots; thence Westwardly along said Lot No. 9, Block D, a distance of 87.5 feet to the Easterly line of Charles Road; thence Southwardly along the Easterly line of Charles Road, a distance of 85 feet to North side of Del-Brook Road, the place of BEGINNING. BEING Lot No. 10, Block D, Plan No. 1 of Del-Brook Manor, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 42. HAVING thereon erected a one and one-half story brick and frame dwelling. BEING the same premises which Cora M. Micheals, windowed, by Deed dated July 12, ,1991 and recorded on July 15, 1991 in and for Cumberland County, in Deed Book Volume 35-F, Page 278, granted and conveyed unto Mark E. Collins. Tax Map No.: 10-21-0279-285 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB CIVIL DIVISION Plaintiff, vs. MARK E. COLLINS and PHYLLIS COLLINS, Defendants. NO.: 10-1115 Civil Term NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 8, 20l 0 at l 0:00 a.m., the following described real estate which Mark E. Collins is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 319 Charles Road Mechanicsburg, Pennsylvania 17055 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB Plaintiff, vs. MARK E. COLLINS and PHYLLIS COLLINS, Defendants. at EX. NO. 10-1115 Civil Term in the amount of $91,035.70, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITIDIETTERICK & CONNELL~ L ~- Dated: 4/9/10 By; Scott A. ietterick, E PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point the Northeast corner of Charles Road (50 feet wide) and Del- Brook Road (60 feet wide); thence Eetwardly along Del-Brook Road, a distance of 87.5 feet to a point; thence Northwardly on a line parallel with Charles Road, a distance of 85 feet to Lot No. 9, Block D, on the hereinafter mentioned Plan of Lots; thence Westwardly along said Lot No. 9, Block D, a distance of 87.5 feet to the Easterly line of Charles Road; thence Southwardly along the Easterly line of Charles Road, a distance of 85 feet to North side of Del-Brook Road, the place of BEGINNING. BEING Lot No. 10, Block D, Plan No. 1 of Del-Brook Manor, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 42. HAVING thereon erected a one and one-half story brick and frame dwelling. BEING the same premises which Cora M. Micheals, windowed, by Deed dated July 12, ,1991 and recorded on July 15, 1991 in and for Cumberland County, in Deed Book Volume 35-F, Page 278, granted and conveyed unto Mark E. Collins. Tax Map No.: 10-21-0279-285 Exhibit "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?a?ti,ttr at ? u, , 6cr???b C»E c t- ??;.f O THE PRO Th0 OT ARY RY 2010 NOY 30 PH 2: 24 CUMBERLAND COUNT`,' PENNSYLVANIA Eastern Savings Bank, FSB vs. Mark E. Collins (et al.) Case Number 2010-1115 SHERIFF'S RETURN OF SERVICE 06/2212010 02:33 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6-22-2010 at 1433 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mark E. & Phyllis Collins, located at, 319 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 06/23/2010 03:35 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6-23-2010 at 1535 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Phyllis Collins, by making known unto, Phyllis Collins, personally, at, 319 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/23/2010 03:35 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6-23-2010 at 1535 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Mark E. Collins, by making known unto, Phyllis Collins, wife of defendant, at, 319 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 09/08/2010 As directed by Scott A Dietterick, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/8/2010 11/29/2010 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $709.35 November 29, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF :? 40 pd _ Co , 4 a 57/?r*7 4. ioi Gounfysuite Sheriff, Te!eosott In,-, t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB CIVIL DIVISION NO.: 10-1115 Civil Term Plaintiff, VS. MARK E. COLLINS and PHYLLIS COLLINS, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Eastern Saving Bank, FSB, Plaintiff 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 319 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17055: 1. Name and Address of Owner(s) or Reputed Owner(s): MARK E. COLLINS 319 Charles Road Mechanicsburg, PA 17055 2. Name and Address of Defendant(s) in the Judgment: MARK E. COLLINS 319 Charles Road Mechanicsburg, PA 17055 PHYLLIS COLLINS 319 Charles Road Mechanicsburg, PA 17055 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: EASTERN SAVINGS BANK, FSB Plaintiff SONIA KHOURI 5 Northlatch Lane Mechnicsburg, PA 17050 4. Name and Address of the last record holder of every mortgage of record: t 1 EASTERN SAVINGS BANK, FSB Plaintiff PNC BANK NA 2730 Liberty Avenue Pittsburgh, PA 15222 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: DEPARTMENT OF REVENUE COMMONWEALTH OF PA PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse RELATIONS OFFICE One Courthouse Square Carlisle, PA 1.7013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. JAMES, SMITH, D DATED: 3/26/10 Scott A. erick, Es Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 BY: & CONNELLY LLP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB CIVIL DIVISION NO.: 10-1115 Civil Term Plaintiff, VS. MARK E. COLLINS and PHYLLIS COLLINS, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Phyllis Collins 319 Charles Road Mechanicsburg, PA 17055 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 8, 2010, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 319 Charles Road Mechanicsburg, PA 17055 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 10-1115 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Mark E. Collins 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 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, South Hanover Street, Carlisle, Pennsylvania 17013. 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 OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County 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 a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule 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, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DIETTFAICA & CONNELLY LLP DATED: 3/26/10 BY: Scl t?etterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF i LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point the Northeast corner of Charles Road (50 feet wide) and Del-Brook Road (60 feet wide); thence Eastwardly along Del-Brook Road, a distance of 87.5 feet to a point; thence Northwardly on a line parallel with Charles Road, a distance of 85 feet to Lot No. 9, Block D, on the hereinafter mentioned Plan of Lots; thence Westwardly along said Lot No. 9, Block D, a distance of 87.5 feet to the Easterly line of Charles Road; thence Southwardly along the Easterly line of Charles Road, a distance of 85 feet to North side of Del-Brook Road, the place of BEGINNING. BEING Lot No. 10, Block D, Plan No. 1 of Del-Brook Manor, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 42. HAVING thereon erected a one and one-half story brick and frame dwelling. BEING the same premises which Cora M. Micheals, windowed, by Deed dated July 12,,1991 and recorded on July 15, 1991 in and for Cumberland County, in Deed Book Volume 35-F, Page 278, granted and conveyed unto Mark E. Collins. Tax Map No.: 10-21-0279-285 Exhibit "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-1115 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EASTERN SAVINGS BANK, FSB, Plaintiff (s) From MARK E. COLLINS and PHYLLIS COLLINS (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 $91,035.70 L.L.$.50 Interest from 3/27/10 to date of sale -- $9,619.61 Atty's Comm % Due Prothy $2.00 Atty Paid $185.50 Other Costs Plaintiff Paid Date: 3/29/10 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: SCOTT A. DIETTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY LLP PO BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 Lo On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 319 Charles Road, Mechanicsburg, more fully described on Exhibit "A" filed with this. writ and by this reference incorporated herein. Date: June 14, 2010 By: i 1 Real Estate Coordinator Cc ; 1 46,t`; i,t? L'r ? ?lz ?,? V to - - PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a-legal periodical published in the Borough of Carlisle in the County and.State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r ? 6ysa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 30 day of July 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH. CUMBERLAND COUNTY My Com onion Expires Apr 28, 2014 Wit M. i-l lls C Eastern Savings Bank, FSB vs. Mark E. Collins Phyllis Collins Atty.: Scott A. Dietterick ALL THAT CERTAIN piece or par- cel of land situate in Hampden Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described as follows, to wit: BEGINNING at a point the North- east corner of Charles Road (50 feet wide) and Del-Brook Road (60 feet wide); thence Eastwardly along Del- Brook Road, a distance of 87.5 feet to a point; thence Northwardly on a line parallel with Charles Road, a distance of 85 feet to Lot No. 9, Block D, on the hereinafter mentioned Plan of Lots; thence Westwardly along 04 Let Ito. 9, D, a distance of 07.5 *at to the taete* line of Clkw Masi; thean y along the Easterly line of Charles Road, a distance of 85 feet to North side of Dol-Brook Road, the place of. BEGINNING. BEING Lot No. 10, Block D, Plan No. 1 of Del-Brook Manor, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 42. HAVING thereon erected a one and one-half story brick and frame dwelling. BEING the same premises which Cora M. Micheals, windowed, by Deed dated July 12_1991 and recorded on July 15, 1991 in and for Cumberland County, in Deed Book Volume 35-F, Page 278, granted and conveyed unto Mark E. Collins. Tax Map No.: 10-21-0279-285. " C?12 ? '4 su ):4 '' a' l7'r r)1?? ???$WF?1 i ;t ?*a0tl 1 ?:.. ;; .: 25?: xj viv" Q, n The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 i4ePatriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/09/10 07/16/10 07/23/10 .............. Sworn to arx scribed before me this 0/ day of August, 2010 A.D. 1 Notary Public COMMONWEALTH OF PENNSYLVANIA Noteda SSeal _-___-_ Sherrie L. Kisner, Notary Pub;,C Lower Paxton -rwp., Datiphin County L My Commission Expires Nov. 26, 201 ??emter, ?ennsvi.ani? Associaticr oT ?lotari? _ Writ No. 2010.1115 Gull Term Easbm Savings So*, FSB Vs Matit E. Collins Phyllis Collins Arty. Scott A Dlbtterick ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point the Northeast corner of Charles Road (50 feet wide) and Del-Brook Road (60 feet wide); thence Eastwardly along Del-Brook Road, a distance of 87.5 feet to a point; thence Northwardly on a line parallel with Charles Road, a distance of 85 feet to Lot No. 9, Block D, on the hereinafter mentioned Plan of Lots; thence Westwardly along said Lot No. 9, Block D, a distance of 87.5 feet to the Easterly line of Charles Road; thence Southwardly along the Easterly fine of Charles Road, a distance of 85 feet to North side of Del=Brook Road, the place of BEGINNING BEING Lot No. 10, Block D, Plan No. 1 of Del-Brook Manor, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 42. HAVING thereon erected a one and one-half story brick and frame dwelling. BEING the same premises which Cora M. Micheals, windowed, by Deed dated July 12, ,1991 and recorded on July 15, 1991 in and for Cumberland County; in Deed Book Volume 35- F, Page 278, granted and conveyed unto Mark E. Corns. Tax Map No.: 10-21.0279-285