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HomeMy WebLinkAbout10-2251IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, Plaintiff, CIVIL DIVISION NO.: 10 - 010151 C?UI -T^ vs. JEFFREY L. COX, Defendant. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 100 Liberty Street Warren, PA 16365 the last known address of Defendant is: 853 Kiehl Drive Lemoyne, PA 17043 CERTIFICATE OF LOCATION I hereby certify that the location of the real estate affected by this lien is Lemoyne Borough To Defendant you are hereby notified to plead to the enclosed Complaint within twenty (20) days from service hereof or a default judgment may be entered against you. J. CD ATTORNEY FOR PLAINTIFF ISSUE NO.: n L ; , TYPE OF PLEADING: " CIVIL ACTION - COMPLAIN' ,`-: IN MORTGAGE FORECLOSU? - r " -'? Cr CODE - w '< u FILED ON BEHALF OF: NORTHWEST SAVINGS BANK, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: David W. Raphael, Esquire Pa. I.D. #200598 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 (3-5 9a . 00 PD A 77Y M10 013"/1 I? a39a R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, Plaintiff, vs. JEFFREY L. COX, Defendant. CIVIL DIVISION NO.. 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 DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, Plaintiff, CIVIL DIVISION NO.. VS. JEFFREY L. COX, Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Northwest Savings Bank, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Northwest Savings Bank, which has a place of business at 100 Liberty Street, Warren, PA 16365. 2. Defendant, Jeffrey L. Cox is an individual whose last known address is 853 Kiehl Drive, Lemoyne, PA 17043. 3. On or about June 5, 1989, Defendant executed a Note in favor of Plaintiff in the original principal amount of $400,000.00 ("Note"). A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about June 5, 1989, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $400,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on June 6, 1989, in Mortgage Book Volume 941, Page 499 ("Mortgage"). A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendant is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest on said Note when due. Defendant is due for the September 1, 2009 payment. 7. On or about November 3, 2009, Defendant was mailed Notice of Homeowner's Emergency Mortgage Assistance Act of 1983, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq. True and correct copies of said Notices are marked Exhibit "C", attached hereto and made a part hereof. 8. The amount due and owing Plaintiff is as follows: Principal $128,577.75 Interest to 2/22/10 $ 6,040.48 Late Charges to 2/22/10 $ 3,209.76 Unpaid Fees $ 60.50 Mortgage Foreclosure Attorneys' fees $ 1,300.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $1 41,688.49 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $141,688.49, with interest thereon at the rate of $29.47 per diem from February 22, 2010, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. BY: David W. aphael, Esquire Attorneys for Plaintiff One Gateway Center Ninth Floor Pittsburgh, PA 15222 Pa. I.D. #200598 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Exhibit "A" NOTE June.... .' ................................ 19.8.9.... ...................... Mechanlcspurg,............ PA................. [City] [State) 8.53..x iehL. Driv.e.,..1emoyne.,...P.A......... 170.43 ................................................................................... [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $400•,110Q4Q............•••••• (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is ..Npxthtrest ••Savings— Bank --RASA • ..................••• W.,...Ghoaolate••at••Goca...Av4g•v..P-.0 Box...964,,...Herahay„••F-A.......17-033 ............................ I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of ....10[.5]1...........%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note.. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the .....lat:.... day of each month beginning on .... &Mgu.$.X...) .......................... 19.8x}.... I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on .......... .Jul.y...I ....................... 2Qp4...... I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at ...Northxest..Savings..sank..PASA,..W.est....Chocolate ..at...Cocoa Ave...,..P...O..Hox..96D.,..Her.shey.,..PA..... 170*3Lt a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. SA,.421.60 ............................ 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 make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (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 s refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of .............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_DA...% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date. the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is 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 theright to do so if I am in default at a later time. (E) Payment of Note Holder's Costs mad Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by 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. MULTISTATE FIXED RATE NOTE-Single Family--FNMA/FNLMC UNIFORM INSTRUMENT Farm 3200 12/83 X 35-03-01 A 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Traoder 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. The 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. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) ... .:...... ....... B .. Witness ? P OX Borrower ..................................................... (Seal) Witness -Borrower ..................................................Witness .....................................................Witness ................................................. (Seal) -Borrower ................................................. (Seal) -Borrower [Sign Original Only] Exhibit "B" M -310 ° - z O as V r4 a t. c Cn p' E. a o 4 w x z a+ a o [ a x m w o ° . , 0 o hid z h o s "E 40 m c o 9 MORTGAGE THIS MORTGAGE ("Security Instrumenti ") is given on ......................... J.mne.. S.................................................., 19.8.9.... The mortgagor is. JEFF.REX.1.....C0X ..... ............................................................................................................ ............................................................................. ('.Borrower"). This Security Instrument is given to ADMIWEST............. SAV.INGS..BANK...P.ASA ........................................................................................................ which is organized and existing under the laws of Commonw.earth...aL..P.enasylY.ania ............. and whose address is .Weat..Chocolate..&t..Cocoa Avenue.,...H,ersheyr..F.e=sylLama.17o33 ............................................................................................... ("Lender"). Borrower owes Lender the principal sum of ..F.our. ...-..-...-...-..-...-..-..-...-..-...-...r..-...-Dollars (U.S. *00.,.000._00............ ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on ....... July...1 ..............................................................2.004.......... This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) 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 ..th.e ..5.Qr.ough..Qf...LemOyne. ................................ Cumb.ax.L rtd.............................. County, Pennsylvania: SEE ATTACHED DESCRIPTION CO O° n c rn go o c- C= a,rno =a,rn 0 = W y -n D rn which has the address of .... 8`3...Kiehl ...Driye ..................................................... .Lemmoyne..........................................., [street] [City] Pennsylvania ....................... 1?(>I1.3..................... (`.Property Address"); IZi. Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter apart of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. PENNSYLVANIA-Single Family-FJ111/FHLMC UNIFORM INSTRUMENT Form 3039 12/93 35-01-19A BOOK 911 PACE ??? UNIFORM COVENANTS. Mower and Lender covenant and agree as foflo, . 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") equal to one-twelfth of. (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly mortgage insurance premiums, if any. These items are called "escrow items." Lender may estimate the Funds due on the basis of current data and reasonable estimates of future escrow items. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later than immediately prior to the We of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs t and 2 shall be applied: first, to late charges due under the Note; second, to prepayment charges due under the Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. boolc Al r,-CE 500 4i'-'J If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By 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 any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. 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. The 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. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) 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 had no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged; Upon reinstatement by Borrower, this Security Instrument and the 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 paragraphs 13 or 17. BOOK 9-11 PAGE 501 fV4 NON-UNIFORM COVENANTS ffower and Lender further covenant and ag?as follows: 19. 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 paragraphs 13 and 17 unhme applicable law provides otherwise). Leader sball notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured, and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall forther inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without furiker demand and my foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to, attorneys' fees and comb of title evidence to the extent permitted by applicable law. 20. Lender in Possession3 Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. 21. Release. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security instrument without charge to ower. Borrower shall pay any recordation costs. 22. Reinstatement Period] time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 23. 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. 24. 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. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check applicable box(es)] ? Adjustable Rate Rider ? Condominium Rider ? 2-4 Family Rider ? Graduated Payment Rider ? Planned Unit Development Rider ? Other(s) [specify] By SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witne . ................... (Seal) ................................. OX -Borrower ........................................................ t.............................. .......................................................................................... (Seal) -Borrower i COMMONWEALTH OF PENNSYLVANIA ............................................. Cumbt s:land............ County as: On this, the ... t " ......... day of ................ ..?!. ........................ , 19&9......, before me, ..a..Njatai;y................ ....Eub.Uv. .......................... the undersigned officer, personally appeared ...... JEF.FREY..L_...COX..................................... ..................................................................................................................................................... known to me (or satisfactorily proven) to be the person ........ whose name .is ............... subscribed to the within instrument and acknowledged that ................he......... executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires: 2_4 WTAIUAL ... .... .. . HNTRICIA J. ?' Tttwf150e. NOTARY LtUmLI6 a.i.u. Y NEgNNSI1NN RORO. gRtiE RUyp CO. 41l NY CONIfSIDM IiRfS DEC. Rl. 1910 ..........................................................+ Title of Oflicer - r •. J _ I certify that the precise pea of bueinrt??a of the within named Mortgagee is . ? ?..? ?..,, . ' • ? ',?. `?, 1.7 000 .......... - I...................................... RECORDED in th ?e for Recording of Deeds in an? l l.?//..? fp /S i ...LS `L.. d .... in Mortgage Book ....... f (...(f.,?JN-o ..... p........... Page ..... ..... &c. Date ...........................................11J Recorder ...:...... ..... \........ b001t 911 PACE 502 Description re: Jeffrey L. Cox Mortgage ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, Cumber- land County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of Kiehl Drive, said point being on the line between Lot No. 35 and Lot No. 34 of Section No. 5, Susquehanna Hills; thence along the northern line of Kiehl Drive by a curve to the left having a radius of 350 feet, an arc distance of 49.38 feet to a point; thence by same south 24 degrees 33 minutes west, a distance of one hundred five and sixty-four one-hundredths (105.64) feet to a point at the dividing line between Lots Nos. 34 and 33, Section No. 4, Susquehanna Hills; thence along Lot No. 33 north 40 degrees 42 minutes 30 seconds west, a distance of two hundred thirty-one and ninety-eight one-hundredths (231.98) feet to a point at lands of Harrisburg Academy; thence along lands of Harrisburg Academy north 48 degrees 49 minutes east, a distance of one hundred twenty-five and eighty-three one-hundredths (125.83) feet to a point at line of Lot No. 35; thence along Lot No. 35 south 46 degrees 07 minutes, 50 seconds east, a distance of one hundred seventy-two and fourteen one-hundredths (172.14) feet to the place of Beginning. BEING Lot No. 34 on a Plan of Lots recorded in the Recorder's Office, Cumberland County, Pennsylvania, as Section No. 5 of Susquehanna Hills for Susquehanna Enter- prises, Inc., in Plan Book 18, Page 16. UNDER and subject to the protective covenants, conditions, restrictions, reservations and limitations as set forth in an instrument entitled "Protective Covenants for Susquehanna Hills Section No. 5", dated the 24th day of May, 1966, executed by Susquehanna Enterprises, Inc., and recorded in the Office of the Recorder of Deeds for Cumberland County at Carlisle, Pennsylvania, in Miscellaneous Book 174, Page 61. BEING the same premises which Elaine K. Wolfe, single person, by deed dated 1989 and intended to be recorded herewith in the Office of the Recorder of Deeds for Cumberland County at Carlisle, Pennsylvania, granted and conveyed all her right, title and interest in the subject property, as a joint tenant with right of survivorship to Jeffrey L. Cox as the sole and individual owner of said premises. Having erected thereon a single unit dwelling known and numbered as 853 Kiehl Drive, Lemoyne, dooK 911 PACE 503 Exhibit "C" ACT-J1 NOTICE W Na efrlber3.2009 TAKE AC11ON TO SAVE YOUR HOME FROM FORECLOSURE This is n official notice that them a on vQgr home i in default. and the lender intends to foreclose. Specific in orma ion a u e na re o e e u Is prove In e a c ried pages. The HOMEOWNER'S MORTGAGE SI TANCE PROGRAM (HEMAP) may be able to help to save your home. I his liA exp ainsTiow the procram wo s. To see if HEMAP can help. ou must MEET WITH ACONSUMER CRE IT CO NS IN A EN WITHIN 33 D7 IIFTAE?ATEOFTRf TMet. I aaKe this mice t vou wFin you mee wI I e ounse mo Agency. The name. address and Phone number f Consumer ere, Coun lino an' serving your County arelisted at the end of IS ogee. IT t VOW eVe any sues Ions. VOU maV ca a ennSY Vanla ousing finance OenCV a ersons with impaired hearing can ca This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Aggency may be able to help explain it. You may also want to contact an attorney in your area. Tfie local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNATRADUCCION 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 HI POT ECA. HOMEOWNER'S NAME(S): Jeffrey L. Cox PROPERTY ADDRESS: 853 Kiehl Drive Lemoyne PA 17043 LOAN ACCT. NO.: 808100001790 ORIGINAL LENDER: Northwest Savings Bank CURRENT LENDER/SERVICER: Northwest Savings Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COINiaELINO AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TNIE PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION Is EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORCLOSURE WILL BE STOPPED. AGENCY ACTION-Available funds for Agency user f e figioi)i'fy cntena establish make a decision after it receives your applic you have met the time requirements set I Agency of its decision on your application. will be disbursed by the •y has sixty (60) days to 3 pursued against you if 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 T CURE YOUR MORTGAGE DEFAULT (Brine lt up to date.) 4TURE9F THE D1EFJCUC _ Cfi?Li7RTVXh e e v e a ve en er on your proaertv located at: _'FtIOUSLIf IfV DQEFAAU?ET tiecNausye:: J? RTGA? pA M g d fo wi Q ?Ipun?s nowpastdue Septembe?1T09Y?3?697.38 E Dotober 1,f89 3f?? m 0 em er 1,1 9 ?3?y/,sS are Principal 208.97 Escrow $2.231.25 Interest $ 2.651.92 Late Charges $ 2.619.04 Other charges exp ainlitemize): TOTAL AMOUNT PAST DUE $13.711.18 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HEMA Rev. 5. page 1 71W • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice see owing pages ors i c information a ut the nature off 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 8o sq, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling aggencies listed at the end of-this Notice. Only consumer credit counseling agencies have applications for the program and will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. HOW TO CURE THE DEFAULT-rou 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 S 13.711.18 PLUS ANY MORTGAGE Northwest Savinas Bank P.O. Box 337.100 Liberty St. Warren. Pa. 16365 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage deft This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY 1301 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 rioht to cure the default and Drevent the you had never defaulted. HOW TO CONTACT THE LENDER: Name of Lender: Northwest Savings Bank Address: P.O. Box 337, 100 Liberty St. Warren, PA 16365 Phone Number: 1-877-300-5767 Fax Number: 1-814-728-7740 Contact Person: Julie A. Hoffman EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could. be started by the lender at any time. ASSUMPTION OF MORTGAGE-You ? may or ® 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 0 CREDIT COUNSELING AGENCIES ARE LISTED ON THE ATTACHED PAGE EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 4 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. -PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 East High Street Gettysburg, PA 17325 (717)334-1518 CCCS of Western Pennsylvania 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship Inc. 2320 North a Street Harrisburg, PA 17110 717-232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717-762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 717-780-3940 or 800-342-2397 I •' * M ..-- ¦ ?s ; D At x . Wit yom to ft be* 1# " of • ' ? ?v Q MWMi??dd?sd If YES. Wft d*my add?ss per,; O No ( Como A f 76? 3. ,=CWW'dMd, o EWMMM j a f? R?aS"for MencN.n NM kwjw fd D c o o. 7008 3230 0002 6874 1722 M Form 3811, Fetxuary 2M omwft Paw m - 102N&02-Wl540 VERIFICATION Deborah A. Vecellio, Vice President and duly authorized representative of Northwest Savings Bank, deposes and says subject to the penalties of 18 Pa. C.S.A. ' 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to her information and belief. orah A. Vecellio Vice President Northwest Savings Bank ,^ ~ F!i ~ ... ~L ~.t^y ZG~O~Q'~ 27 ~M ~~ ~5 Michael J. Pykosh, Esquire [D # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpvkosh~a;dplglaw'eOrn Attorney for Defendant NORTHWEST SAVINGS BANK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v• No: 10-2251 -CIVIL TERM JEFFERY L. COX Defendant To: Northwest Savings Bank c/o David W. Raphael, Esquire Grenen & Birsic, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judg ent ma bee red against you. i ael J. Py ~ h, Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpvkosh~?udplgla~~~.com Attorney for Defendant NORTHWEST SAVINGS BANK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . ~• No: 10-2251 -CIVIL TERM JEFFERY L. COX Defendant ANSWER TO PLAINTIFF'S COMPLAINT IN MORTGAGE FORECLOSURE WITH NEW MATTER AND NOW, comes the Defendant, Jeffrey L. Cox, by and through his attorneys, DETHLEFS-PYKOSH LAW GROUP, LLC, by Michael J. Pykosh, Esquire, who in support of his Answer, avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. The averments of Paragraph 6 contain conclusions of law to which no response is required. To the extent that a response is deemed judicially required, Defendant specifically denies that Defendant is in default under the terms of the aforesaid mortgage and note for, inter alia, failure to pay monthly installments of principal and interest on said note when due. It is denied that Defendant is due for the September 1, 2009 payment with respect to the aforesaid mortgage and note as attached in Plaintiff's Complaint. Proof to the contrary is demanded at the time of trial. 7. Admitted. 8. Denied. The averments of Paragraph 8 contain conclusions of law to which no response is required. To the extent that a response is deemed judicially required, it is denied that the amount due and owing to Plaintiff pursuant to the aforesaid mortgage and note as attached hereto as Exhibit "A" and "B" of Plaintiff's Complaint as set forth with respect to principal, interest to 02/22/10, late charges to 02/22/10, unpaid fees, mortgage foreclosure attorney's fees, title search, foreclosure and execution costs, as stated. WHEREFORE, the Defendant, Jeffrey L. Cox, demands judgment in his favor and against Plaintiff and hereby requests that Plaintiff's case be dismissed with prejudice. DEFENDANT'S NEW MATTER 9. Defendant, Jeffrey L. Cox, incorporates and makes part of this New Matter paragraphs 1 through 8 of the foregoing Answer to Plaintiff's Complaint as if fully set forth herein. 10. Plaintiff has failed to provide proof that the note and mortgage have not expired as set forth in the terms of the respective documents. 11. Plaintiff is barred by the applicable statute of limitations. 12. Plaintiff's Action may be barred by the doctrine of laches. 13. Plaintiff's Action may be barred by the doctrine of estoppel. 14. Plaintiff's Action may be barred by the doctrine of waiver. WHEREFORE, the Defendant, Jeffrey L. Cox, demands judgment in his favor and against Plaintiff and hereby requests that Plaintiff's case be dismissed with prejudice. Respectfully Submitted, Dated: ~•--~~- 1 Q gy. °'r Michael J. Pykosh, Esquire VERIFICATION I, Jeffrey L. Cox, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: ~ ~2'~] a,rJ) ~ Jeffrey L. Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpvkosh~irdp~law•com Attorney for Defendant NORTHWEST SAVINGS BANK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. JEFFERY L. COX Defendant No: 10-2251 -CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing ANSWER and NEW MATTER, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Northwest Savings Bank c/o David W. Raphael, Esquire Grenen & Birsic, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 Respectfully Submitted, Dated: a. gy: Michael J. Pykosh, Esquire C7 Nom-- c ,~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, E~"f~TNS`~-~Y~_,VA _- _ . ;- _ _ i V~ t CIVIL DIVISION L ~. ~' ,T,; NORTHWEST SAVINGS BANK, ~`° t ., .... ) ~~ ~--~ f: ~ Y . Plaintiff, ) NO.: 10 - 2251 `.~ u= vs. JEFFREY L. COX, Defendant. ;:. . COUNSEL FOR DEFENDANT: Michael J. Pykosh, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 ISSUE NO.: TYPE OF PLEADING: VERIFICATION TO PLAINTIFF'S REPLY TO NEW MATTER FILED ON BEHALF OF: NORTHWEST SAVINGS BANK, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: David W. Raphael, Esquire Pa. I.D. #200598 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, Plaintiff, CIVIL DIVISION NO.: 10 - 2251 vs. JEFFREY L. COX, Defendant. VERIFICATION TO PLAINTIFF'S REPLY TO NEW MATTER Plaintiff, Northwest Savings Bank ("Plaintiff'), through its counsel, Grenen & Birsic, P.C., files the following Verification to Plaintiff s Reply to New Matter: 1. Attached hereto as Exhibit "1" is the Verification of an authorized representative of Plaintiff to Plaintiff s Reply to New Matter. BY: GRENEN & BIRSIC, P.C. (412) 281-7650 Attorneys for Plaintiff One Gateway Center Ninth Floor Pittsburgh, PA 15222 Pa. I.D. #200598 Exhibit "1" VERIFICATION ]7eborah A. Vece~lio, Vice lresident az~d duly authorized repz~esentative o£N'orthwest Savings Bank, deposes and says subject to the peoalties of 18 Pa. C.S.A. ~ 4904 relating to unswoz~ falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are~true axxd correct to her information an,d belief. orate A. Vecellio Vice President Northwest Savings Bank D CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Verification to Plaintiff s Reply to New Matter -~h was served upon the following counsel for the Defendant this j y day of s~ , 2010 via First Class, U.S. Mail, postage prepaid: Michael J. Pykosh, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 GRENEN & BIRSIC, P.C. BY: Pa. I.D. #200598 Attorneys for Plaintiff One Gateway Center, 9~' Floor Pittsburgh, PA 15222 (412) 281-7650 • '~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, Plaintiff, vs. JEFFREY L. COX, Defendant. CIVIL DIVISION NO.: 10 - 2251 ISSUE NO.: TYPE OF PLEADING: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Mortgage Foreclosure); BRIEF IN SUPPORT AND PROPOSED ORDER OF COURT FILED ON BEHALF OF: COUNSEL FOR DEFENDANT: Michael J. Pykosh, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 NORTHWEST SAVINGS BANK, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: David W. Raphael, Esquire Pa. I.D. #200598 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 n N - ~, ~;; - _. ~ ~~ , . -: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, Plaintiff, CIVIL DIVISION NO.: 10 - 2251 vs. JEFFREY L. COX, Defendant. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Mortgage Foreclosure) Northwest Savings Bank (hereinafter "Plaintiff'), by its attorneys, Grenen & Birsic, P.C., files the within Motion for Summary Judgment as follows: 1. Plaintiff commenced the above-captioned action by filing a Complaint in Mortgage Foreclosure on February 4, 2010 ("Complaint"). 2. In its Complaint, Plaintiff alleges that Jeffrey L. Cox (hereinafter "Defendant") is in default under the terms of a Note dated June 5, 1989, in favor of Plaintiff in the original principal amount of $400,000.00 (hereinafter "Note") and a Mortgage securing said Note on real property and improvements thereon commonly known as 853 Kiehl Drive, Lemoyne, PA 17043 (hereinafter "Mortgaged Premises"). 3. An Answer and New Matter has now been filed to the Complaint by the Defendant. In his Answer, the Defendant admits the following material facts: a) Defendant executed the Note in favor of Plaintiff (A true and correct copy of the Note is attached hereto as Exhibit "A" ); b) Defendant executed the Mortgage in favor of Plaintiff, which was recorded in the Office of the Recorder of Deeds of Cumberland County on June 6, 1989, in Mortgage Book Volume 941, Page 499 (A true and correct copy of the Mortgage dated June 5, 1989 is attached hereto as Exhibit "B" ); c) Defendant is the record and real owner of the Mortgaged Premises; and d) On or about November 3, 2009, Defendant was mailed written notice by Plaintiff pursuant to 35 P.S. §1680.403C (Act 91 of 1983-Notice of Homeowner's Mortgage Assistance Act); and written notice pursuant to 41 P.S. §101 (Act 6 of 1974-Notice of Intention to Foreclose Mortgage). 4. Defendant only disputes two issues of the Complaint: 1) Whether Defendant defaulted under the Note and Mortgage, and 2) the actual amounts owing under the Note and Mortgage. (¶6 and ¶8 of Defendant's Answer to Complaint in Mortgage Foreclosure) 5. However Defendant's denials lack any substantiating proof whatsoever, and fail to raise a genuine issue of material fact. Aside from the mortgagee, the mortgagor (herein Defendant) is the only party with sufficient knowledge to base a specific denial. New York Guardian Mort~a~e Corp. v. Dietzel, 362 Pa. Super. 426, 429, 524 A.2d 951, 952 (1987). 6. As a matter of law, if a defendant/mortgagor does not plead specific facts in response to the allegations in the complaint regarding the default and the amount due, said defendant is deemed to have admitted the allegations in the complaint. First Wis. Trust Co. v. Strausser, 439 Pa. Super. 192, 653 A.2d 688 (1995). Reliance upon Pa.R.C.P. 1029(c) does not excuse a failure to deny or admit factual allegations when it is clear that a pleader must know if the allegations are true or not. 7. In the instant matter, Defendant fails to plead specific facts in response to the allegations of the Complaint. 8. Therefore, Defendant has admitted the event of default and amounts set forth in the Complaint as accurate. 9. Moreover, the Plaintiff has filed a sworn Affidavit attached hereto and marked as Exhibit "C". In the Affidavit an authorized representative of Plaintiff certifies that the Defendant is in default under the terms of the Note and Mortgage and further certifies the amount due and owing. The testimony is based on the Loan History Report, which is a business record of Plaintiff, maintained in the regular course of business and accurately reflects the payments made and the amounts due and owing by Defendant. The loan history sets forth all payments, charges, fees, costs as well as principal and interest payments and applications of same. 10. According to the Loan History Report attached hereto, the amount due and owing by Defendant to Plaintiff as of June 17, 2010 is as follows: Principal $128,577.75 Interest to 6/17/10 $9,429.04 Late Charges to 6/17/10 $3,800.48 Unpaid Loan Fees $60.50 Escrow Balance $4,501.63(-) Foreclosure Attorneys' Fees $1,300.00 Title Search, Foreclosure and Execution Costs 2 500.00 TOTAL $150,169.40 for a total of $150,169.40 ,with interest thereon at the rate of $29.47 per diem from June 17, 2010, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs. 11. Additionally, in order for Defendant's affirmative defenses to prevent summary judgment, the Defendant must set forth more than simple, blanket legal conclusions. See, Washineton Federal Savings and Loan Association v Stein, 515 A.2d 980, 981, 357 Pa. Super 286 (1986). 12. The Defendant's allegations are unsupported by any facts or evidence whatsoever, and unsupported conclusory allegations cannot create genuine issues of material fact. See, Phaff v. Gerner, 303 A.2d 826, 451 Pa. 146 (1973 13. Accordingly, all of the essential prima facie elements have been established and the Defendant has failed to raise a genuine issue of material fact in its Answer, in addition to failing to offer any evidence to support in contradiction of Plaintiffls Complaint and Affidavit. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant its Motion for Summary Judgment and enter judgment in its favor and against Defendant, Ronald J. Presto, in the amount of $150,169.40 ,with interest thereon at the rate of $29.47 per diem from June 17, 2010, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs and for foreclosure and sale of the Mortgaged Premises. Respectfully submitted, GRENEN & BIRSIC, P.C. BY: 1 \~~avid W. Raphael, Pa. I.D. #200598 Attorneys for Plaintiff One Gateway Center, 9~' Floor Pittsburgh, PA 15222 (412)281-7650 Exhibit "A" ~.-~„ , NOTE -- I ................ ..............June 5 ~ ........................., t9..8.~.... ......................McChaTtiCSpurg............PA................. (Cityl (state] 8.~ 3..X iehl..Driue.,...Lemoyne.,...P.A.........1TD.43 ............................................................................................................ [Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. 511.()0•,AOQ.04•••••••••••••••••. (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is ..p{pxtht~teat•••S&Kir~e••$ar+lF••Fd4SA•••••••••••••••••••••• 41.,...Gl~ocolate..at..GoCa...Aue.•Y...R„••~.••$o~u..g6L)v..#les$h~yr..l;?p.......17A33 ............................ I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the Cull amount of principal has been paid. I will pay interest at a yearly rate of ....]A_5A...........%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the .....~s.t:.... day of each month beginning on ....A,u81~.1:...1 .......................... 19.gr}.... I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on .....Jul,g...l ....................... pp0y....., I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at ...Northl~[est..Saxings..Sallk..PASA,..Y:es.t,....Chocol3te..at...CoGOa Aye..,..P._0..Sox..96D.,..Hershey.,..PA.....17.Op'r~t a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. 5.4.,.!l21_ti0 ............................ 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 make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (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 [owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the Cull 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_ OA...% 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 Defsult If I am in default, the Note Holder may send me a written notice telling me that if I du not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed tome. (D) No Waiver By Note Holder Even if, at a time when I am in default, the No[e Holder does not require meto 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 Ea<penses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given tome under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by 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. MULTISTATE FIXED RATE NOTE-single Family-FNMA/FHLMC UNIFORM INSTRUMENT Form 3200 12/83 x 35-03-OtA • g. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor. surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS - I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrumrnt with limited variations in some jurisdictions. In addition to the protxtions given to the Note Holder under this Note, a Mortgage, Decd 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 Instrumrnt describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a BrneAcial 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 Lendtr'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, Lrnder shall give Borrower notice of acceleration. The 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 Instrumrnt. If Borrower fails to pay these sums prior to the expiration of this period, Lrnder may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. W1TNE55 THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. .......~~~~~.~-~4 .....~ ................... .... ..............~~:............... (Seal) Witness ~~ f OX -Borrower ..................................................... (Seal) ....................................................Witness -Borrower ............................................................ Witness ............................................................ Witness .................................................... (Seal) -Borrower ..................................................... (Seal) -Borrower [srgrt oiginar onry~ Exhibit "B" A .:~._ , ~ w ~~~ z ~~ ~ 8 .}.t a c. w x x a a. a o ~ ~ a m w o o Z h y ~ r c~ j C m m y LC. O F., MORTGAGE THIS MORTGAGE y ~ )' g; ("Securit Instrument" is vrn on .........................~Ilrttt:..,~................................................., t 9.8.x.... The mortgagor is .J.EFF.BEY..L.....CDX ..................................................................................................................... ............................................................................. (`.Borrower"). This Security Instrumrnt is given to .NIZRTHIiEST............. SAY.INGS..BANK..P.ASA ........................................................................................................ which is organized and existing under the laws of Eo(DlROt77deelth...or.. P.erlIISylvania ............: and whose address is .West..ChoCOlate..at..000Oa AYenue,...Hersheg..Fenusylxania..170•~3 ............................................................................................... (..Lender"). Bottower owes Lender the principal sum of ..F.Qtix'...HUJ0.d2'!"d..T1[Q11„48Rd..dAd..KO/.1Q0...-..-...-..-..-...-. -..-...-..r... -•••-••' ••-•.•-••-...-••-..-•..-..-...-...-..-...-Dollars iU.S. ~lI.OD.,.ODCl.DO............). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly paymrnts, with the full debt, if not paid earlier, due and payable on ......,July...1 ..............................................................2A04.......... This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the paymrnt of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrumrnt and (c) the performance of Bottower's covenants and agmmrnts 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 ..1ih.~..aO.I'RlxBh.. Cif...L~10.W!A~. ................................C.umbe.2.land............................. County, Pennsylvania: SEE ATTACHED DESCRIPTION O° n ~ CO c rn L ~ a o = m ~ ~ ~,<~o -.ern ~ c~ v r ~ ~ C ~ - O a ~ .~, " _ _ ~ c, ._~ - ~. ~ ~ ~ n e~ W -c ~ ~ TV n S R1 which has the address of ....&~3...K1.eh~...R>;.j,!!~ ..................................................... ..LsAlOyzts..........................................., (street) (city] Pennsylvania .......................17.i~~..................... (..Property Address"); (Zip C e] TOGETHER WITH all the improvements now or hereafter elected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a pan of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as [he "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Bottower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. i THIS SECURITY INSTRUMENT combines uniform covrnants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. PENNSYLVANIA-Singie Family-F~/FHLMC UNIFORM INSTRUMENT Form 3039 12/83 35-01-19A `~ aooK ~~11 ~aCE ~Jy t I ~~ 'N' ''1 UNIFORM COVENANTS. Boi;Fower and Lender covenant and agree as follo~s{ 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") equal to one-twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly mortgage insurance premiums, if any. These items are called "escrow items." Lender may estimate the Funds due on the basis of current data and reasonable estimates of future escrow items. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to late charges due under the Note; second, to prepayment charges due under the Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security [nstrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within ]0 days of the giving of notice. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered tb settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. Et00K ~•~1 r'CE 5O() If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the insurance terminates in accordance with Borcower's and Lender's written agreement or applicable law. 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borcower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b} the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borcower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments refereed to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lender Not a Wainer. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or othethvise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: {a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; {b) is not personally obligated to pay the sums secured by this Security Instrumrnt and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borcower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation ABecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Lsw; Severebility. This Security instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. I7. Transfer of the Property or a BeneAcial Interest in Borrower. If ail or any part oC 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. 1f Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shat{ 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. lA. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a} 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) 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 had no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys fees; and (d) takes sucfi action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the 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 paragraphs 13 or 17. ~~ aoos 011 Fare 501 ~~ NoN-UNIFORM COYENAtVTS:~Borrower and Lender further covenant and agr=ee as follows: 19. Acceleration; Remedlb. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any cotenant or agreetmnt in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 unless applicable Isw prorides otherr-ise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specifled may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured ss specifled, Lender at its option msy require immediate payment in full of all sums secured by this Security Instrument without further demand and msy foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to, attorneys' fees and cosh of title eridence to the extent permitted by applicable law. 20. Lender in Possessions Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment bf the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. 21. Release. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 22. Reinstatement Period! Borrower'4 time to reinstate provided in paragraph 1 g shall extend to one hour prior to the commencement of bidding at !sheriff's sale or other sale pursuant to this Security Instrument. 23. 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. 24. 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. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, [he covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] !!!~. ~ Adjustable Rate Rider ~ Condominium Rider ~ 2~ Family Rider Graduated Payment bider ~ Planned Unit Development Rider ~ ~ Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. .............. .. .7................... ............ ... .. ............................................. ..... (Seal) OX -Borrower ........................................................:.............................. ....................................................................................... (Seal) -Borrower t COMMONWEALTH OF PF.NN3YLVA~IlA . ............................................ClltttbP..t:liiTlli............ County sa: On this, the ... 5"~......... day of ..............~..~!!!:~.......................... , 19&9......, before me, ..S..NAt3ry................ .•..Eubl.ic.•••••••••••..•..•••••••.•• the undersigned officer, personally appeared ......3EF.FREY..L_...COX ..................................... ..................................................................................................................................................... known to me (or satisfactorily proven) to be the person ........ whose name i9 ............... subscribed to the within instrument and acknowledged that ................he......... executed the same for the purposes herein contained. IN W[TNESS WHEREOF, I hereunto set my hand and official seal. ,,..••"""' - •. • w.:. oa~'~_ r~~_;~. My Commiaeion expires: ~ '_ • ~ - ~~ .: .: ~` ~ cEliY.000 IIOTARIIIL SEAL ... ..................~.... ..~...... ........... .....~.. ~.` ~ y1:..a'`' fATRICIA J. TFIdISOR, NOTARY PIISLIC '= ~ i ; ~. as. .,... y ~ tEC1YMIC5tMR3R Oa1D. - • - " ", t>fr OOIIIISSIgI E1t-IRES OEG, St~j~ ..............................................................~.:::. Title of officer - "- /~ I certify that the preciee pla of busin~gs of the within named Mortgagee is . ~ ~.. . '~...,/ .• ,'' ~: .~~,.. ;~ ..Loc.a0...qua..va.wst.~...../.~1t4,>s~i~...r.../'!~'........ ~..7.°..3.~........ .................... ....' .............. ~,.... ,. a~ • ......... RECORDED in th a for Recording of Deeds in an f t.l 5,../!...I.4::'!..R.ct....... ~v~~]~ S _ ~ p ........"'r" in Mortgage Book ............i 1... f.. Nor..... o ........ Page ....`-f. ....... . &c. ~•~ Date ...........................................lA.....LQ.:,~7 Recorder ...:....... ............•••~•~•...~s.~........ boox 9~i i eacE 50:? Description re: Jeffrey L. Cox Mortgage ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, Cumber- land County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of Kiehl Drive, said point being on the line between Lot No. 35 and Lot No. 34 of Section No. 5, Susquehanna Hills; thence along the northern line of Kiehl Drive by a curve to the left having a radius of 350 feet, an arc distance of 49.38 feet to a point; thence by same south 24 degrees 33 minutes west, a distance of one hundred five and sixty-Pour one-hundredths (105.64) feet to a point at the dividing line between Lots Nos. 34 and 33, Section No. 4, Susquehanna Hills; thence along Lot No. 33 north 40 degrees 42 minutes 30 seconds west, a distance of txo hundred thirty-one and ninety-eight one-hundredths (231.98) feet to a point at lands of Harrisburg Academy; thence along lands of Harrisburg Academy north 48 degrees 49 minutes east, a distance of one hundred twenty-five and eighty-three one-hundredths (125.83) feet to a point at line of Lot No. 35; thence along Lot No. 35 south 46 degrees O7 minutes, 50 seconds east, a distance of one hundred seventy-txo and fourteen one-hundredths (172.14) feet to the place of Beginning. BEING Lot No. 34 on a Plan of Lots recorded in the Recorders Office, Cumberland County, Pennsylvania, as Section No. 5 of Susquehanna Hills for Susquehanna Enter- prises, Inc., in Plan Book 18, Page 16. UNDER and subject to the protective covenants, conditions, restrictions, reservations and limitations as set forth in an instrument entitled "Protective Covenants for Susquehanna Hills Section No. 5°, dated the 24th day of May, 1966, executed by Susquehanna Enterprises, Inc., and recorded in the Office of the Recorder of Deeds for Cumberland County at Carlisle, Pennsylvania, in Miscellaneous Book 174, Page 61. BEING the same premises which Elaine K. Wolfe, single person, by deed dated 1989 and intended to be recorded herewith in the Office of the Recorder of Deeds for Cumberland County at Carlisle, Pennsylvania, granted and conveyed all her right, title and interest in the subject property, as a point tenant with right oP survivorship to Jeffrey L. Cox as the sole and individual owner of said premises. Having erected thereon a single unit dwelling known and numbered as 853 Riehl Drive, Lemoyne, BOOK 9~~ ~ PAGE 5 ~3 Exhibit "C" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, Plaintiff, CIVIL DNISION NO.: 10 - 2251 vs. JEFFREY L. COX, Defendant. TYPE OF PLEADING: AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT FILED ON BEHALF OF PLAINTIFF: Northwest Savings Bank COUNSEL OF RECORD FOR THIS PARTY: David W. Raphael, Esquire Pa. I.D. #200598 GRENEN & BIRSIC, P.C. One Gateway Center, 9`h Floor Pittsburgh, PA 15222 (412) 281-7650 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, Plaintiff, vs. JEFFREY L. COX, Defendant. CIVIL DIVISION NO.: 10 - 2251 AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT The undersigned, a duly authorized representative of Plaintiff, being first duly sworn, states of my own personal knowledge that: 1. I am a duly authorized representative of Plaintiff in the above-captioned matter with personal knowledge of loan history at issue. 2. This action was brought to foreclose on a Mortgage which secures a Promissory Note. 3. Defendant is in default under the terms of the Note and Mortgage for, among other reasons, failure to pay the monthly installments of principal and interest when due. 4. The Loan History Report with respect to the loan upon which Plaintiff requests judgment in mortgage foreclosure against the Defendant is a business record of Plaintiff, maintained in the regular course of business. The Loan History Report reflects all of the payments made on the account, along with the corresponding balances, and accurately reflects the amounts due and owing by Defendant. Attached hereto as Exhibit "1" is a true and correct copy of the Loan History Report. After allowing Defendant all proper deductions, credits and set-offs, the following is an itemization of the amount due and owing by Defendant to Plaintiff as of June 17, 2010: Principal $ 128,577.75 Interest to 6/17/10 $ 9,429.04 Late Charges $ 3,800.48 Unpaid Loan Fees $ 60.50 Escrow Balance $ 4,501.63(-) Mortgage Foreclosure Attorneys' fees $ 1,300.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $ 1 50,169.40 for a total of $150,169.40 with interest thereon at the rate of $29.47 per diem from June 17, 2010 and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs and for foreclosure and sale of the mortgaged premises. a ame: ni ana F'~i rknPr Title: A_V.P_ SWORN TO AND SUBSCRIBED BEFORE ME THIS 1 ~ DAY OF o~U/tt 2. , 2010. ~'~ DC . <±~,~ Notary Public (SEAL) My Corrunission Expires COMMONWEALTH OF PENNSYLVANIA Notarfsd Seal Carol A. Danielson, Notary Public City of Warren, Warren County My Commission Expiros Aug. 1 S, 2012 Member, PennayNania Association of Notaries Exhibit "1" ~i ~®R-r~~~r~S~ SAVINGS BANK raoRTt;AGE LOAN PAGE 24 JEF~=itEY L CJX 1353 tCIEHL JR LE~IUYNE PA i 1043 'V07E ~VU~'18£R NOS7 UTE TC1 uUE DATE TC2 (4-09-09 030 01-O1-tJ9 Z2 QJ4-fl9-i39 081 03-Oi-09 22 i30t3100001790 -------------HISTORY---------~ TRANS DESCRIPTION AMOUNT I-RATt t2EG P~lT-DUE DTE 2031.. 5b 8.2500 73.20 IRREGULAR PMT 1215.64 3.2.500 935.85 ----------------------- TYPE NEW BALANC PRINCIPAL. 132073.8 INTEREST PRINCIPAL 130858.1 INTEREST 743.75 ESCROW-2 04-1~i-t19 030 ESCROW DISBURSE 2241.89 ESCROW DIS3 00-00-00 2 8.2500 5,fl65 ESCROW NBR 0 GK GEN INDICATOR G4-30-J9 ~3t30 REG PMT-DUE DTE 802.14 PRINCIPAL 03-OI-'J9 22 8.2500 04-3t~-09 060 U,'~APPL FUNDS. CR 770.86 UNAPPLIED FUNDS 00-OU-UO 3 8.2.500 04-30-09 PER 3.RICH/LHR u5-19-09 010 UNAPPL FUNDS DR 768.75 UNAPPLIED FUNDS 00-00-00 3 Fi.2500 05-19-0'9 SHOULD 8E 4/09 DEF E DEF FEE/LHR 05-19-09 079 FORCE PAYMENT .00 PRINCIPAL ~J4-O1-09 12 13.2500 743.75 ESCROW-2 iJ5-1~1-09 4109 llEF/LHR U5-29-U9 079 FORCE PAYMENT .00 PRINCIPAL 05-O1-J9 12 8.2500 743,75 ESCROW-2 ~,5-29-09 5/09 DEFILHR 05-29-09 1379 FORCE PAYMENT ,00 PRINCIPAL Jb-fll-09 i2 3.2500 743.75 ESCROW-2 05-29-09 6/09 DEF/LHR v5-29-09 O31 IRREGULAR PMT .00 PRINCIPAL u7-02-V9 22 8.2500 212.50 ESCROW-2 05-29-09 ub-02-i~9 JO-00-00 ~)t~-16-p,39 ~~ c~-as-+~o ~~ uo-1b-09 tJl-U1-~79 PcR 3.;2ICH/L}iR J30 tSCR03~ DISBURSE 2444.00 2" 3.2500 1~9b1 0 OlU Uid~PPt FUNtJS OR 2.11 3 J.Z500 J31 IRREGULAR Pt~iT .Oct 22 :3.25J0 2.11 ESCROW DIS3 ESCROW NBR CK GEN INDICATOR UNAPPLIED FUNDS PRINCIPAL cSCRO'~1-2 130858.1' 130056.0' 130056.0: 130056.0! 130056.0: 130056.0! 130056.0! i3005b.0'. 130fl56.0~ 130056.0`_ 130056.0° s;..'t:Tv1v1 LEAN PAGE 25 J ~i~ i~.l ~. ~iL i~C: LE=~i~:Yi~~ P~. 17~: 1~.3 ~tTE f~i:1~",B~.;{ 80€1100001790 -------------------- - --------------NISTORY----------------------------- ------------ PJST UTE TC1 TkAiVS UESCRIPTION AMOUN7 TYPE NEW BALANCE OUE UAT~ ' TC~ I-RATt G7-13-09 080 REG PMT-CUE UTE .00 PRINCIPAL 13005b.04 07-Oi-09 22 8.2500 2953.63 INTEREST 529.14 ESCROW-2 417.23 LATE FEE 0~-u~-u9 030 ESCROW UISBURSE 4599.95 ESCROW DISB 130055.0`_ 00-00-0~ 2 13.2500 5911 ESCROW NBR 0 C1C GEN INDICATOit t~:3-12-04 080 REG PMT-flUE DTE 1478.30 PRINCIPAL. 128577.74 Ot-O1-(r ~ 22 13.2500 1 X475.33 INTEREST 743.75 ESCROW-2 202x62 LATE FEE 04-07-1~ 030 ESCROW DISE3URSE 2241.88 ESCROW DiSE3 1213577.?~ 00-00-OJ 2 Fs.2500 5065 ESCROW NBR 0 CK GEN INDICATOR U5-2S-10 030 ESCROW DISBURSE 2464.00 ESCROW DISB 128577.74 00-OU-03 2 11.2500 1961 ESCROW NBR 3 CHEEK NUMBER 0 CK GEfd iNDiCATUR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, Plaintiff, vs. JEFFREY L. COX, Defendant. CIVIL DIVISION NO.: 10 - 2251 PLAINTIFF'S BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT (Mortgage Foreclosure) Northwest Savings Bank (hereinafter "Plaintiff'), by its attorneys, Grenen & Birsic, P.C., files the within Brief in Support of Motion for Summary Judgment, as follows: PROCEDURAL HISTORY Plaintiff commenced the above-captioned action on February 4, 2010 by filing a Complaint in Mortgage Foreclosure ("Complaint"). In its Complaint, Plaintiff alleges that Jeffrey L. Cox (hereinafter "Defendant") is in default under the terms of a Note dated June 5, 1989, in the original principal amount of $400,000.00 (hereinafter "Note") as well as in default of a Mortgage securing said Note on real property and improvements thereon commonly known as 853 Kiehl Drive, Lemoyne, PA 17043 (hereinafter "Mortgaged Premises"). On or about May 28, 2010, Defendant filed an Answer and New Matter to the Complaint. In his Answer, the Defendant expressly admits that: 1) Defendant executed the Note in favor of Plaintiff; 2) Defendant executed the Mortgage in favor of Plaintiff; 3) Defendant is the record and real owner of the Mortgaged Premises; and 4) Defendant was mailed written notice by Plaintiff pursuant to Act 91 of 1983-Notice of Homeowner's Mortgage Assistance Act and Act 6 of 1974- Notice of Intention to Foreclose Mortgage. Defendant also raised via New Matter several legal conclusions, void of factual support, that the Complaint is barred by the statute of limitations, laches, estoppel, expiration and/or waiver. On June 10, 2010, Plaintiff filed a Reply to New Matter, thus the pleadings are closed. Attached to Plaintiff s Reply as Exhibit "A" was a copy of the parties' December 31, 1993 Loan Modification that extended the maturity date of the Note and Mortgage to December 1, 2014. Plaintiff hereby presents the within Motion for Summary Judgment upon the lack of a genuine issue of material fact. ISSUES 1.) WHETHER DEFENDANT IS IN DEFAULT OF THE NOTE AND MORTGAGE? Suggested Answer: Yes 2.) WHETHER DEFENDANT FAILS TO ALLEGE AND SUBSTANTIATE ANY MERITORIOUS DEFENSES TO THE COMPLAINT? Suggested Answer: Yes 3.) WHETHER PLAINTIFF IS ENTITLED TO JUDGMENT AS A MATTER OF LAW DUE TO LACK OF A GENUINE ISSUE OF MATERIAL FACT? Suggested Answer: Yes ARGUMENT In Pennsylvania, it is well established that a court may grant summary judgment if the pleadings, depositions, answers to interrogatories and admissions on file show that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law. Hower v. Whitmak Associates, 53 8 A.2d 524, 371 Pa. Super. 443 (1988); In re Estate of Reinart, 532 A.2d 832, 367 Pa. Super. 147 (1987). While the court must accept as true all well pleaded facts in 2 the non-moving party's pleadings, the court must ignore controverted facts in the pleadings and only consider uncontroverted facts contained in the pleadings. Hower, 53 8 A.2d at 525; Phaff v. Gerner, 303 A.2d 826, 451 Pa. 146 (1973). If the non-moving party fails to file appropriate affidavits, unless the moving party's evidence in itself creates a factual question, the court must grant summary judgment in favor of the moving party. Curry v. Estate of Thompson, 481 A.2d 658, 332 Pa. Super. 364 (1984). The burden of proof with respect to a Motion for Summary Judgment in a mortgage foreclosure action requires that the moving party demonstrate that the non-moving party has failed to allege any facts which would establish a defense to the foreclosure action. Washington Federal Savings and Loan Association v. Stein, 515 A.2d 980, 981, 357 Pa. Super. 286 (1986). Unsupported conclusory allegations cannot create genuine issues of material fact. Phaff, 303 A.2d at 826. General denials are wholly insufficient when they are unsupported by any evidence of record. New York Guardian v. Dietzel, 524 A.2d 951, 952, 362 Pa. Super. 426 (1987). An answer merely averring lack of knowledge is ineffective and a nullity when it is clear that a party has had sufficient knowledge on which to base an admission or specific denial. See, Sayre Land Co. v. Borough of Sayre, 121 A.2d 579, 581, 384 Pa. Super. 534 (1956). If a borrower does not plead specific facts in response to the allegations in the complaint regarding the default and the amount due, said defendants are deemed to have admitted the allegations in the complaint. (emphasis added) See First Wis. Trust Co. v. Strausser, 439 Pa. Super. 192, 653 A.2d 688 (1995). I. DEFENDANT IS IN DEFAULT OF THE NOTE AND MORTGAGE Defendant has already expressly admitted the majority of Plaintiffls foreclosure action (See 3 ¶¶ 1,2,3,4,5,7 of Answer). Paragraphs 6 and 8 of Defendant's Answer provide general, and not specific, denials. However the Pennsylvania Courts have held that a mortgagor's general denials in their answers to a complaint will be considered admissions because the only persons with knowledge of the amount due, besides the mortgage company, are the mortgagors. If a borrower does not plead specific facts in response to the allegations in the complaint regarding the default and the amount due, said defendants are deemed to have admitted the allegations in the complaint. (emphasis added) See First Wis. Trust Co. v. Strausser, 439 Pa. Super. 192, 653 A.2d 688 (1995). In the instant matter, Defendant fails to specifically deny Paragraphs 6 and 8 of the Complaint. Accordingly, the Defendant's general denials are deemed admissions as a matter of law, and all allegations in the Complaint are deemed admitted. Moreover, the Plaintiff has filed a sworn Affidavit attached hereto and marked as Exhibit "C". In the Affidavit an authorized representative of Plaintiff certifies that the Defendant is in default under the terms of the Note and Mortgage and further certifies the amount due and owing. The testimony is based on the Loan History Report, which is a business record of Plaintiff, maintained in the regular course of business and accurately reflects the payments made and the amounts due and owing by Defendant. The loan history sets forth all payments, charges, fees, costs as well as principal and interest payments and applications of same. According to the Loan History Report attached hereto, the amount due and owing by Defendant to Plaintiff is as follows: Principal $128,577.75 Interest to 6/17/10 $9,429.04 Late Charges to 6/17/10 $3,800.48 Unpaid Loan Fees $60.50 Escrow Balance $4,501.63(-) Foreclosure Attorneys' Fees $1,300.00 4 Title Search, Foreclosure and Execution Costs 2 500.00 TOTAL $150,169.40 for a total of $150,169.40 with interest thereon at the rate of $29.47 per diem from June 17, 2010, and additional late charges, attorneys' fees and costs. As a matter of law, if a borrower does not plead specific facts in response to the allegations in the complaint regarding the default and the amount due, said defendants are deemed to have admitted the allegations in the complaint. See First Wis. Trust Co. v. Strausser, 439 Pa. Super. 192, 653 A.2d 688 (1995). Therefore Plaintiff is entitled to judgment as a matter of law resulting from Defendant's general denials (deemed to be admissions as a matter of law). II. DEFENDANT FAILS TO ALLEGE AND SUBSTANTIATE ANY MERITORIOUS DEFENSES TO THE COMPLAINT Pa.R.C.P. 1019(a) requires that the material facts on which a defense is based be stated in a concise and summary form. However the Defendant raises several legal conclusions via New Matter that are bare of any factual support or factual allegations. Specifically, the Defendant raises the defenses of the statute of limitations, laches, expiration, estoppel and waiver (¶¶10 - 14 of New Matter) that are unsupported by any factual allegations whatsoever. As a matter of law, in order for Defendant's affirmative defenses to prevent summary judgment, the Defendant must set forth more than simple, blanket legal conclusions. See, Washington Federal Savings and Loan Association v Stein, 515 A.2d 980, 981, 357 Pa. Super 286 (1986). In the instant matter, the Defendant's New Matter defenses are unsupported by any facts or evidence whatsoever, and unsupported conclusory allegations cannot create genuine issues of material fact. See, Phaff v. Gerner, 303 A.2d 826, 451 Pa. 146 (1973). Accordingly, the defenses 5 raised in Defendant's New Matter are waived. CONCLUSION As a matter of law, Defendant is in default of the Note and Mortgage. In his Answer, the Defendant expressly admits that: 1) Defendant executed the Note in favor of Plaintiff; 2) Defendant executed the Mortgage in favor of Plaintiff; 3) Defendant is the record and real owner of the Mortgaged Premises; and 4) Defendant was mailed written notice by Plaintiff pursuant to 35 P.S. § 1680.403C (Act 91 of 1983-Notice of Homeowner's Mortgage Assistance Act); and written notice pursuant to 41 P.S. §101 (Act 6 of 1974-Notice of Intention to Foreclose Mortgage). Moreover, the Plaintiff has filed a sworn Affidavit attached hereto and marked as Exhibit "C". In the Affidavit an authorized representative of Plaintiff certifies that the Defendant is in default under the terms of the Note and Mortgage and further certifies the amount due and owing. Defendant also fails to allege and substantiate any meritorious defenses by offering any evidence in contradiction of Plaintiffl s Complaint and Affidavit. For the above reasons, Plaintiff is entitled to judgment in mortgage foreclosure as a matter of law. BY: Respectfully submitted, GRENEN & BIRSIC, P.C. Pa.I.D. #200598 6 Attorneys for Plaintiff One Gateway Center, 9`~ Floor Pittsburgh, PA 15222 (412) 281-7650 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, ) CIVIL DIVISION Plaintiff, ) NO.: 10 - 2251 vs. ) JEFFREY L. COX, ) Defendant. ) ORDER OF COURT AND NOW, this day of 2010, upon consideration of the Motion for Summary Judgment filed on behalf of Plaintiff, NORTHWEST SAVINGS BANK, it is hereby ORDERED, ADJUDGED and DECREED that the Motion is granted and judgment in mortgage foreclosure is entered in favor of Plaintiff, and against Defendant, Jeffrey L. Cox, in the amount of $150,169.40, with interest thereon at the rate of $29.47 per diem from June 17, 2010, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs and for foreclosure and sale of the Mortgaged Premises commonly known as 853 Kiehl Drive, Lemoyne, PA 17043 (as more fully described within the Motion). BY THE COURT: ~ ~ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Motion for Summary Judgment, Brief in Support and Proposed Order of Court was served upon the following counsel for the Defendant this ~ day of June , 2010 via First Class, U.S. Mail, postage prepaid: Michael J. Pykosh, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 BY: Pa. I.D. #200598 Attorneys for Plaintiff One Gateway Center, 9`~ Floor Pittsburgh, PA 15222 (412) 281-7650 GRENEN & BIRSIC, P.C. . i. -~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) ~1~~ TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.} CAPTION OF CASE (entire caption must be stated in full) ~1 p--I-h West ~av ~ n9s ~~~. vs. J ~- c~ C') ~_ ` ~ ., .__. > ~, 'n ~'~ ~; -f ~ < cam. --~ <_ ~- -~, r ~~R - ~ -:, j _l_ . _~ p 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to cgrr~p~a¢rat, etr~.): !1 ~ .,._ _ .. , 1.. ~,.,~..~ ~,~ ~ .0. _ _.(') - _ C; 2. Identify all counsel who will argue (a) for plaintiffs: Cce~kr (b} for defendants: Ol~~~ 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: (JT / ~~~Vb D Signature Print your name ~If~~ Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, Plaintiff, vs. JEFFREY L. COX, Defendant. COUNSEL FOR DEFENDANT: Michael J. Pykosh, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 CIVIL DIVISION NO.: 10 - 2251 ISSUE NO.: TYPE OF PLEADING: PRAECIPE TO LIST CASE FOR ARGUMENT FILED ON BEHALF OF: NORTHWEST SAVINGS BANK, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: David W. Raphael, Esquire Pa. I.D. #200598 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412)281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, Plaintiff, vs. JEFFREY L. COX, Defendant. CIVIL DIVISION NO.: 10 - 2251 PRAECIPE TO LIST CASE FOR ARGUMENT TO: PROTHONOTARY SIR OR MADAM: Kindly schedule the Motion for Summary Judgment and Brief in Support filed by Plaintiff, Northwest Savings Bank, for the next available azgument date/list. Respectfully submitted, GRENEN & BIRSIC, P.C. ~~ BY: avid W. Raphael, Esquire Pa. I.D. #200598 Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412)281-7650 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Praecipe to List Case for Argument was -f'k served upon the following counsel for the Defendant this ~ day of ~'v Y~R,. , 2010 via First Class, U.S. Mail, postage prepaid: Michael J. Pykosh, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Mazket Street Camp Hill, PA 17011 GRENEN & BIRSIC, P.C. BY: avid W. Raphael Pa. I.D. #200598 Attorneys for Plaintiff One Gateway Center, 9~' Floor Pittsburgh, PA 15222 (412)281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, Plaintiff, vs. JEFFREY L. COX, Defendant. CIVIL DIVISION ? (R NO.: 10 - 2251 chit u ISSUE NO.: ,CC . 1 U w .? TYPE OF PLEADING: s' STIPULATION FOR JUDGMENT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: NORTHWEST SAVINGS BANK COUNSEL, OF RECORD FOR THIS PARTY: David W. Raphael, Esquire Pa. I.D. #200598 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 CONSENTED TO BY: Michael J. Pykosh, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 414.Oo PD A-PY C? 1x8833 Thee Oado IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, Plaintiff, CIVIL DIVISION NO.: 10 - 2251 vs. JEFFREY L. COX, Defendant. STIPULATION FOR JUDGMENT IN MORTGAGE FORECLOSURE AND NOW, this 16th day of August, 2010, it is hereby stipulated and agreed that a judgment in mortgage foreclosure shall be entered in favor of Plaintiff and against Defendant, Jeffrey L. Cox, in the amount of $150,169.40, with interest thereon at the rate of $29.47 per diem from June 17, 2010, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs and for foreclosure and sale of the mortgaged premises described in the Complaint in Mortgage Foreclosure issued at the above-captioned number. Counsel for Defendant, Jeffrey L. Cox, certifies that he has received authorization from said Defendant to execute the within Stipulation for Judgment in Mortgaged Foreclosure. CONSENTED TO BY: Mic ael J. F'y sh Esquire Counsel for Defendant Jeffrey L. Coylll? 17 - l David W. Raphael, Esquire ti Date Counsel for Plaintiff Northwest Savings Bunk WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2251 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NORTHWEST SAVINGS BANK Plaintiff (s) From JEFFREY L. COX (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 $150,169.40 L.L.$.50 Interest From 6/17/10 to 6/1/11 - - $9, 190.84 Atty's Comm % Due Prothy $2.00 Atty Paid $174.90 Other Costs Plaintiff Paid Date: 2/15/11 David D. Buell, Prothonotaly (Seal) ?y; Deputy REQUESTING PARTY: Name: DAVID'W. RAPHAEL, ESQUIRE Address: GRENEN & BIRSIC, P.C. ONE GATEWAY CENTER, NINTH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone : 412-281-7650 Supreme Court ID No. 200598 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Northwest Savings Bank, VS. Jeffrey L. Cox, TO THE PROTHONOTARY OF THE SAID COURT: ) Confessed Judgment (XX ) Other Mortgage Foreclosure File No. 2010-2251 c c Amount Due 150,169.4 r r n rn Interest S6 $ o ,190.8 ---o/ I Atty's Comm Costs nc -? cs? The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) 853 Kiehl Drive, Lemoyne, PA .17043 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said gamishee(s). 0 O Date 94. OD `N $ y;l4o C13P Q9.Od v, r' 14.00 aso L u (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate he defendant(s) described in the attached exhibit. ' Signature: Print Name: David W. Raphael, Esqui Address: (]n_p ante-Tay caute -_ Ninth Floor Pittsburgh, PA 1522 .411q.,90 "_V''D 01 Attorney for: Plaintiff it 9.ooDceTelephone: (412) 281-7650 s . so t? Supreme Court ID No.: ?g959s CK# 13?ayCv (over) Q#a5 t98 Writ 0? 21 1x5sued i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTHWEST SAVINGS BANK, Plaintiff VS. JEFFREY L. COX, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) NO.: 2010-2251 c .-? - " n Ca r -o rn 1 c.n -Ao c o Cr' 70 Northwest Savings Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Jeffrey L. Cox located at 853 Kiehl Drive, Lemoyne, PA 17043 and is more fully described as follows: ALL the right, title, interest and claim of Jeffrey L. Cox, of, in and to: ALL THAT CERTAIN REAL ESTATE SITUATED IN THE BOROUGH OF LEMOYNE, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AS 853 KIEHL DRIVI?, LEMOYNE, PENNSYLVANIA 17043. BOOK 33 Z, PAGE 361, TAX PARCEL NUMBER 12-20-1856-004. 1. The name and address of the owner or reputed owner: Jeffrey L. Cox 853 Kiehl Drive Lemoyne, PA 17043 2. The name and address of the defendants in the judgment: Jeffrey L. Cox 853 Kiehl Drive Lemoyne, PA 17043 + 4 3. The name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Northwest Savings Bank William D. Kerr Charlotte E. Kerr (PLAINTIFF) c/o Lloyd R. Persun, Esquire 6 Clouser Road Mechanicsburg, PA17055 Jack R. Clauser Irma I. Clauser Carolyn A. Madier American Express Travel Related Services Myers-Hamer Funeral Home, Inc. c/o David J. Lenox, Esquire 15 Baltimore Street Dillsburg, PA 17019 c/o Harold S. Irwin III, Esquire 64 S. Pitt St. Carlisle, PA 17913 c/o Michael F. Ratchford, Esquire 1729 Pittston Avenue Scranton, PA 18505 c/o Richard W. Stewart, Esquire 301 Market Street P.O. Box. 109 Lemoyne, PA 17043 4. The name and address of the last record holder of every mortgage of record: Northwest Savings Bank Alliance Funding Company, Division of Superior Bank FS13 (PLAINTIFF) 135 Chestnut Ridge Road Montvale, NJ 07645 LaSalle Bank, in its capacity as trustee under that certain pooling and servicing agreement dated March 1, 1998 between LaSalle National Bank, as trustee and Syperior Bank FSB, as depositor and servicer, AFC mortgage loan asset backed certificates, Series 1998-1 909 Hidden Ridge Drive Suite 200 Irving, TX 75036 5. The name and address of every other person who has any record lien on the property: None A 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Commonwealth of Pennsylvania Department of Welfare P.O. Box. 2675 Harrisburg, PA 17105 Pa Department of Revenue Domestic Relations Office Department of Revenue Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Bureau of Individual Taxes Inheritance Tax Division Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 P.O. Box 320 Carlisle, PA 17013 Strawberry Square Harrisburg, PA 17105 P. O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 Dept. 280601 Harrisburg, PA 17128-0601 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None I verify that the statements made in the 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.A. §4904 relating to unsworn falsifi ation authorities. Davi W. Raphael, Esquire Attorney for Plaintiff SWORN to and subscribed before me this,aL day a 11. r Notary Public Nr tart#1 3 ioanne K Weh? e i , ?%jli?E City of Pittsburgh A G ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTHWEST SAVINGS BANK:, Plaintiff vs. JEFFREY L. COX, Defendant. NO.: 2010-2251 NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: JEFFREY L. COX rnrn z M rn - N;0 ?. w r rn 7a ?A cJt - -4 ?° C:) c- zc v ors, ? `? y r v 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 SECOND FLOOR CARLISLE, PENNSYLVANIA 17013 on June 1, 2011 at 10:00 A.M., the following described real estate, of which Jeffrey L. Cox is the owner or reputed owner: ALL THAT CERTAIN REAL ESTATE SITUATED IN THE BOROUGH OF LEMOYNE, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AS 853 KIEHL DRIVE, LEMOYNE, PENNSYLVANIA 17043. BOOK 33 Z, PAGE 361, TAX PARCEL NUMBER 12-20-1856-004. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Northwest Savings Bank, Plaintiff, vs. Jeffrey L. Cox, Defendant. at Execution Number 2010-2251 in the amount of $159,360.24. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, By: David W. Raphael, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTHWEST SAVINGS BANK, Plaintiff NO.: 2010-2251 vs. JEFFREY L. COX, Defendant. ]LONG FORM DESCRIPTION c; cr) r <© Pon 3a ? C-D -rt - C.- ZC:? or ALL that certain piece or parcel of land situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of Kiehl Drive, said point being on the line between Lot No. 35 and Lot No. 34 of Section No. 5, Susquehanna Hills; thence along the northern line of Kiehl Drive by a curve to the left having a radius of 350 feet, an arc distance of 49.38 feet to a point; thence by same South 24 degrees 33 minutes West, a distance of one hundred five and sixty-four one-hundredths (105.64) feet to a point at the dividing line between Lots Nos. 34 and 33, Section No. 4, Susquehanna Hills; thence along Lot No. 33 North 40 degrees 42 minutes 30 seconds West, a distance of two hundred thirty-one and ninety-eight one hundredths (231.98) feet to a point at lands of Harrisburg Academy; thence along lands of Harrisburg Academy North 48 degrees 49 minutes East, a distance of one hundred twenty-five and eighty-three one-hundredths (125.83) feet to a point at line of Lot No. 35; thence along Lot No. 35 South 46 degrees 07 minutes 50 seconds East, a distance of one hundred seventy-two and fourteen one-hundredths (172.14) feet to the place of Beginning. BEING Lot No. 34 on a Plan of Lots recorded in the Recorder's Office, Cumberland County, Pennsylvania, as Section No. 5 of Susquehanna Hills for Susquehanna Enterprises, Inc., in Plan Book 18, Pagel6. UNDER and subject to the protective covenants, conditions, restrictions, reservations and limitations as set forth in an instrument entitled "Protective Covenants for Susquehanna Hills Section No. 5", dated the 24th day of May, 1966, executed by Susquehanna Enterprises, Inc., and recorded in the Office of the Recorder of Deeds for Cumberland County at Carlisle, Pennsylvania, in Miscellaneous Book 174, Page 61. BEING the same property which Elaine X. Wolfe, single person, granted and conveyed to Jeffrey L. Cox, by Deed dated June 5, 1989 and recorded June 6, 1989, in the Recorder of Deeds Office, Cumberland County, Pennsylvania in Book 33 Z, Page 361. GRENEN & BIRSIC, P.C. B• 7KDavi Raphael, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 DBV 33 Z Page 361 Parcel No. 12-20-1856-004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTHWEST SAVINGS BANK, Plaintiff NO.: 2010-2251 Vs. JEFFREY L. COX, Defendant. SHORT FORM DESCRIPTION C= 3 rnco -n r" c-7 ?c - c o x - ° N ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JEFFREY L. COX, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THAT CERTAIN REAL ESTATE SITUATED IN THE BOROUGH OF LEMOYNE, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AS 853 KIEHL DRIVE, LEMOYNE, PENNSYLVANIA 17043. BOOK 33 Z, PAGE 361, TAX PARCEL NUMBER 12-20-1856-004. GRENEN & BIRSIC, P.C. By: avi . Raphael, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTHWEST SAVINGS BAND, ) NO.: 2010-2251 Plaintiff ) vs. ) rnm M m ; JEFFREY L. COX, r 0 Defendant. ) i?-x ° C? s? ra-rs AFFIDAVIT OF LAST KNOWN ADDRESS =? c? °??' cs? COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared David W. Raphael, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 853 Kiehl Drive, Lemoyne, PA 17043 is Defendant, Jeffrey L. Cox whose last known address is 853 Kiehl Drive, Lemoyne, PA 17043, to the best of his information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS XDAY OF 011. ~- Notary Public ?'Mt)NWEAL.TH OF Notarial S ? ? Joanne M. We--k;ne roI c City of Pittsburgh, n rr C:ommisslcn € ?? '; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTHWEST SAVINGS BANK, Plaintiff VS. JEFFREY L. COX, Defendant. NO.: 2010-2251 O -'4 -0 Zoo r Co tn 4 CS ' zc? y c, C: - cr. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S.101, ET. SEQ. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared David W. Raphael, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on November 3, 2009, Defendant was mailed Notices of Homeowner's Emergency Mortgage Assistance Act of 1983 and Act 6 Notices of Intention to Foreclose by certified mail, return receipt requested, and first class U.S. Mail. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY Ov?-2", 2011. Notary Pu lic 0VEA H OF Rt Yi Notarial seal Joanne M. Wehner, Notar, Pubes, j City of Pi?tsbUrgh, Allegt yi z:'0 ;;'. f F, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTHWEST SAVINGS BANK, Plaintiff NO.: 2010-2251 Vs. JEFFREY L. COX, Defendant. SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) r'^ C::7 Fri 73 ;r s ?10 Northwest Savings Bank, Plaintiff in the above-captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of Jeffrey L. Cox located at 853 Kiehl Drive, Lemoyne, PA 17043, and is more fully described as follows: ALL the right, title, interest and claim of Jeffrey L. Cox, of in and to: ALL THAT CERTAIN REAL ESTATE SITUATED IN THE BOROUGH OF LEMOYNE, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AS 853 KIEHL DRIVE, LEMOYNE, PENNSYLVANIA 17043. BOOK 33 Z, PAGE 361, TAX PARCEL NUMBER 12-20-1856-004. 1. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: William D. Kerr and Charlotte E. Kerr c/o Lloyd R. Persun, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 William D. Kerr and Charlotte E. Kerr 956 West Trindle Road Mechanicsburg, PA 17055 Jack R. Clauser and Irma I. Clauser 431 Woodcrest Drive Mechanicsburg, PA 17050 Carolyn A. Madeir 305 Chestnut Ridge Drive Mechanicsburg, PA 17055 American Express Travel Related Services 1804 Washington Boulevard Baltimore, MD 21230 Myers-Harper Funeral Home, Inc. 1903 Market Street Camp Hill, PA 17011 I verify that the statements made in the Supplemental 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.A. §4904 relating to unworn falsificat' n authorities. aphael, Esquire Attorneys for Plaintiff SWORN TO and SUBSCRIBED BEFORE ME THIS,2TO?AY OF , 2011. zzl? Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Joanne M. Wehner, Notary Public City of Pittsburgh, Alieghany County My Commiaslon Wres June 1 `a. 2013 "v,nbar, Pennsylvania Asaoo zoo, a ' . I SALE DATE - JUNE 1, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, ) CIVIL DIVISION Plaintiff ) NO.: 2010-2251 _--j VS. ) ff = ? JEFFREY L. COX, ) ISSUE NUMBER y,. = Defendant. ) TYPE OF PLEADING :x _ _ c < N? Pa. R.C.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE CODE- FILED ON BEHALF OF: NORTHWEST SAVINGS BANK, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: David W. Raphael, Esquire Pa. I.D. #200598 GRENEN & BIRSIC, P.C. One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTHWEST SAVINGS BANK, ) Plaintiff ) NO.: 2010-2251 VS. ) JEFFREY L. COX, ) Defendant. ) Pa. R.C.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, David W. Raphael, Attorney for Plaintiff, Northwest Savings Bank, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiff s Affidavit Pursuant to Rule 3129.1 as well as all persons named in Plaintiffs Supplemental Affidavit Pursuant to Rule 3129.1 as follows: 1. By letters dated March 4, 2011, undersigned counsel served all persons (other than the Plaintiff) named in paragraphs 3 through 7 of Plaintiff s Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. A true and correct copy of said Affidavit Pursuant to Rule 3129.1 is marked Exhibit "A", attached hereto, and made a part hereof. 2. Undersigned counsel obtained U.S. Postal Service Form 3877 Certificates of Mailing for said letters. True and correct copies of the Certificates of Mailing and any letters, if returned as of this date, are marked collectively as Exhibit "B", attached hereto and made a part hereof. 3. By letter dated March 29, 2011, undersigned counsel served the persons named in Plaintiff s Supplemental Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Supplemental Affidavit Pursuant to Rule 3129.1. A true and correct copy of said Supplemental Affidavit Pursuant to Rule 3129.1 is marked Exhibit "C", attached hereto, and made a part hereof. 4. Undersigned counsel obtained a U.S. Postal Service Form 3877 Certificate of Mailing for the letter set forth in Paragraph 3 herein. A true and correct copy of the Certificate of Mailing and said letter, if returned as of this date, are marked collectively as Exhibit "D", attached hereto and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief. GRENEN & BIRSIC, P.C. C BY: _ phael, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before me r this of , 2011. i Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Joanne M. Wehner, Notary Public city of Pittsburgh, AlleghhnY County MY comreltaiat l irrs .wria 16, 2013 ambar, Pennsylvania,lsa w c,,. oY MAO^;i-1e, Exhibit "A" r • IN THE COURT OF COMMON PLEAS OF CUMBERIAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTHWEST SAVINGS BANK, ) NO.: 2010-2251 Plaintiff ) VS. ) JEFFREY L. COX, ) Defendant. ) AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Northwest Savings Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property ofJeffrey L. Cox located at 853 Kiehl Drive, Lemoyne, PA 17043 and is more fully described as follows: ALL the right, title, interest and claim of Jeffrey L. Cox, of, in and to: ALL THAT CERTAIN REAL ESTATE SITUATED IN THE BOROUGH OF LEMOYNE, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AS 853 KIEHL DRIVE, LEMOYNE, PENNSYLVANIA 17043. BOOK 33 Z, PAGE 361, TAX PARCEL NUMBER 12-20-1856-004. 1. The name and address of the owner or reputed owner: Jeffrey L. Cox 853 Kiehl Drive Lemoyne, PA 17043 2. The name and address of the defendants in the judgment: Jeffrey L. Cox 853 Kiehl Drive Lemoyne, PA 17043 C, 3. The name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Northwest Savings Bank (PLAINTIFF) William D. Kerr Charlotte E. Kerr Jack R. Clauser Irma I. Clauser Carolyn A. Madier American Express Travel Related Services Myers-Harper Funeral Home, Inc. c/o Lloyd R. Persun, Esquire 6 Clouser Road Mechanicsburg, PA17055 c/o David J. Lenox, Esquire 15 Baltimore Street Dillsburg, PA 17019 c/o Harold S. Irwin III, Esquire 64 S. Pitt St. Carlisle, PA 17913 c/o Michael F. Ratchford, Esquire 1729 Pittston Avenue Scranton, PA 18505 c/o Richard W. Stewart, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 4. The name and address of the last record holder of every mortgage of record: Northwest Savings Bank (PLAINTIFF) Alliance Funding Company, Division of Superior Bank FSB LaSalle Bank, in its capacity as trustee under that certain pooling and servicing agreement dated March 1, 1998 between LaSalle National Bank, as trustee and Syperior Bank FSB, as depositor and servicer, AFC mortgage loan asset backed certificates, Series 1998-1 135 Chestnut Ridge Road Montvale, NJ 07645 909 Hidden Ridge Drive Suite 200 Irving, TX 75036 5. The name and address of every other person who has any record lien on the property: None 0 0 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Pa Department of Revenue Domestic Relations Office Department of Revenue Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Bureau of Individual Taxes Inheritance Tax Division Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 P.O. Box 320 Carlisle, PA 17013 Strawberry Square Harrisburg, PA 17105 P. O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 Dept. 280601 Harrisburg, PA 17128-0601 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None I verify that the statements made in the 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.A. §4904 relating to unworn falsification t authorities. rDavid W. 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T J,n LJ = 7 ^.J ."? m Exhibit "C" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTHWEST SAVINGS BANK, NO.: 2010-2251 Plaintiff VS. JEFFREY L. COX, Defendant. SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Northwest Savings Bank, Plaintiff in the above-captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of Jeffrey L. Cox located at 853 Kiehl Drive, Lemoyne, PA 17043, and is more fully described as follows: ALL the right, title, interest and claim of Jeffrey L. Cox, of in and to: ALL THAT CERTAIN REAL ESTATE SITUATED IN THE BOROUGH OF LEMOYNE, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AS 853 KIEHL DRIVE, LEMOYNE, PENNSYLVANIA 17043. BOOK 33 Z, PAGE 361, TAX PARCEL NUMBER 12-20-1856-004. 1. The name and address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: William D. Kerr and Charlotte E. Kerr c/o Lloyd R. Persun, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 William D. Kerr and Charlotte E. Kerr 956 West Trindle Road Mechanicsburg, PA 17055 Jack R. Clauser and Irma I. Clauser 431 Woodcrest Drive Mechanicsburg, PA 17050 Carolyn A. Madeir 305 Chestnut Ridge Drive Mechanicsburg, PA 17055 American Express Travel Related Services 1804 Washington Boulevard Baltimore, MD 21230 Myers-Hamer Funeral Home, Inc. 1903 Market Street Camp Hill, PA 17011 I verify that the statements made in the Supplemental 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.A. §4904 relating to unsworn falsificat' authorities. laphael, Esquire Attorneys for Plaintiff SWORN TO and SUBSCRIBED BEFORE ME THIS,27?AY OF _, 2011. _Z? Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Joanne M. Wehner, Notary Public City of Pfttsburph, Allegheny County LIMYCOMMIsalon L Ire Juno 18, 2013 Membar, Pennsylvania Aa 0o,N Exhibit "D" CA Iw V m 2 N J A i N N g x 0 ?i CO v a) CA J? W N s O ^ YJ NZ T 3 gc l< ?D (D n N L n? n? ?- to N CD n Cr n ? _ G) 3 a1 . U3 ? T _ 2 v C/) ? D n n mp op n W CC D ? x m ? >%< y , C? v o C D C (7 0i ? ( C D a CAN j ' z -? N CD 0 $3 @ N, m c C., EF \ - n 0 v n ? 0) ° CO CO ?WC = ?w CD ?i O v n w 3 0 ? n 0) =r s ? CD ° r r- N oa ov 00000 ?.g fj) CD 9) Q - C (h ? a ? ?' vac ?( D D 3 c c r -? :3. ? - c o yp0 C m ?. ? ? m K) 0 co ;0 coy d C D o -, 0CCD J r GN ,? Dco D D? 4 NC 3. 00 m CD ? a < BCD "0) a _ 0 7 v o o o v' r o i, c c 0000 a co d y?zz ?•c? w ?3? SA 0 . 3 d m N N N N N N -n ar C M $ Q3 S ? ` ? CD u } r? .. ? fp rig- 7 r? 0 f •. 0 C) 0 < CD ??7 i T(p N 0 4 W c v^ U ?y nV 1\ r V SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i;4 Sheriff ? OTHOHOW?t` Jody S Smith Chief Deputy - I _k Richard W Stewart COUNd 1 Solicitor "- r ,c_?F?SYLVA?iP? Northwest Savings Bank vs. Case Number Jeffrey L. Cox 2010-2251 SHERIFF'S RETURN OF SERVICE 03/18/2011 06:47 PM - Deputy Michael Barrick, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 853 Kiehl Drive, Lemoyne, PA 17043, Cumberland County. 03/18/2011 06:47 PM - Deputy Michael Barrick, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Jeffrey L. Cox at 853 Kiehl Drive, Lemoyne Borough, Lemoyne, PA 17043, Cumberland County. 05/31/2011 As directed by David W. Raphael, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/7/2011 09/02/2011 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: $894.32 SO ANSWERS, September 06, 2011 RON R ANDERSON, SHERIFF ,2 -C S a . ? .3 ±ct CowrySuite Shenff. Ieieosoti in- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTHWEST SAVINGS BANK, ) NO.: 2010-2251 Plaintiff ) vs. ) JEFFREY L. COX, ) Defendant. ) AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Northwest Savings Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property ofJeffrey L. Cox located at 853 Kiehl Drive, Lemoyne, PA 17043 and is more fully described as follows: ALL the right, title, interest and claim of Jeffrey L. Cox, of, in and to: ALL THAT CERTAIN REAL ESTATE SITUATED IN THE BOROUGH OF LEMOYNE, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AS 853 KIEHL DRIVE, LEMOYNE, PENNSYLVANIA 17043. BOOK 33 Z, PAGE 361, TAX PARCEL NUMBER 12-20-1856-004. 1. The name and address of the owner or reputed owner: Jeffrey L. Cox 853 Kiehl Drive Lemoyne, PA 17043 2. The name and address of the defendants in the judgment: Jeffrey L. Cox 853 Kiehl Drive Lemoyne, PA 17043 3. The name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Northwest Savings Bank (PLAINTIFF) William D. Kerr Charlotte E. Kerr Jack R. Clauser Irma I. Clauser Carolyn A. Madier American Express Travel Related Services Myers-Hamer Funeral Home, Inc. c/o Lloyd R. Persun, Esquire 6 Clouser Road Mechanicsburg, PA 17055 c/o David J. Lenox, Esquire 15 Baltimore Street Dillsburg, PA 17019 C/o Harold S. Irwin III, Esquire 64 S. Pitt St. Carlisle, PA 17913 c/o Michael F. Ratchford, Esquire 1729 Pittston Avenue Scranton, PA 18505 c/o Richard W. Stewart, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 4. The name and address of the last record holder of every mortgage of record: Northwest Savings Bank (PLAINTIFF) Alliance Funding Company, Division of Superior Bank FSB LaSalle Bank, in its capacity as trustee under that certain pooling and servicing agreement dated March 1, 1998 between LaSalle National Bank, as trustee and Syperior Bank FSB, as depositor and servicer, AFC mortgage loan asset backed certificates, Series 1998-1 135 Chestnut Ridge Road Montvale, NJ 07645 909 Hidden Ridge Drive Suite 200 Irving, TX 75036 5. The name and address of every other person who has any record lien on the property: None 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Commonwealth of Pennsylvania Pa Department of Revenue Domestic Relations Office Department of Revenue Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Bureau of Individual Taxes Inheritance Tax Division Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 P.O. Box 320 Carlisle, PA 17013 Strawberry Square Harrisburg, PA 17105 P. O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 Dept. 280601 Harrisburg, PA 17128-0601 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None I verify that the statements made in the 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.A. §4904 relating to unsworn falsifiEat of no authorities. David W. Raphael, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 4 /; G=- day o?,??? ; 2011. Notary" Public ,ar , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTHWEST SAVINGS BANK, NO.: 2010-2251 Plaintiff VS. JEFFREY L. COX, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: JEFFREY L. COX 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 Sheriffof Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE SECOND FLOOR CARLISLE, PENNSYLVANIA 17013 on June 1, 2011 at 10:00 A.M., the following described real estate, of which Jeffrey L. Cox is the owner or reputed owner: ALL THAT CERTAIN REAL ESTATE SITUATED IN THE BOROUGH OF LEMOYNE, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AS 853 KIEHL DRIVE, LEMOYNE, PENNSYLVANIA 17043. BOOK 33 Z, PAGE 361, TAX PARCEL NUMBER 12-20-1856-004. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Northwest Savings Bank, Plaintiff, vs. Jeffrey L. Cox, Defendant. at Execution Number 2010-2251 in the amount of $159,360.24. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, C N?j } By: - ---?-d David W. Raphael, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTHWEST SAVINGS BANK, ) NO.: 2010-2251 Plaintiff ) VS. ) JEFFREY L. COX, ) Defendant. ) LONG FORM DESCRIPTION ALL that certain piece or parcel of land situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of Kiehl Drive, said point being on the line between Lot No. 35 and Lot No. 34 of Section No. 5, Susquehanna Hills; thence along the northern line of Kiehl Drive by a curve to the left having a radius of 350 feet, an arc distance of 49.38 feet to a point; thence by same South 24 degrees 33 minutes West, a distance of one hundred five and sixty-four one-hundredths (105.64) feet to a point at the dividing line between Lots Nos. 34 and 33, Section No. 4, Susquehanna Hills; thence along Lot No. 33 North 40 degrees 42 minutes 30 seconds West, a distance of two hundred thirty-one and ninety-eight one hundredths (231.98) feet to a point at lands of Harrisburg Academy; thence along lands of Harrisburg Academy North 48 degrees 49 minutes East, a distance of one hundred twenty-five and eighty-three one-hundredths (125.83) feet to a point at line of Lot No. 35; thence along Lot No. 35 South 46 degrees 07 minutes 50 seconds East, a distance of one hundred seventy-two and fourteen one-hundredths (172.14) feet to the place of Beginning. BEING Lot No. 34 on a Plan of Lots recorded in the Recorder's Office, Cumberland County, Pennsylvania, as Section No. 5 of Susquehanna Hills for Susquehanna Enterprises, Inc., in Plan Book 18, Pagel6. UNDER and subject to the protective covenants, conditions, restrictions, reservations and limitations as set forth in an instrument entitled "Protective Covenants for Susquehanna Hills Section No. 5", dated the 24 h day of May, 1966, executed by Susquehanna Enterprises, Inc., and recorded in the Office of the Recorder of Deeds for Cumberland County at Carlisle, Pennsylvania, in Miscellaneous Book 174, Page 61. BEING the same property which Elaine X. Wolfe, single person, granted and conveyed to Jeffrey L. Cox, by Deed dated June 5, 1989 and recorded June 6, 1989, in the Recorder of Deeds Office, Cumberland County, Pennsylvania in Book 33 Z, Page 361. GRENEN & BIRSIC, P.C. By` David-W. Raphael, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 DBV 33 Z Page 361 Parcel No. 12-20-1856-004 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2251 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NORTHWEST SAVINGS BANK Plaintiff (s) From JEFFREY L. COX (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 $150,169.40 L.L.$.50 Interest From 6/17/10 to 6/1/11 - - $9, 190.84 Atty's Comm % Due Prothy $2.00 Atty Paid $174.90 Other Costs Plaintiff Paid Date: 2/15/11 David D. Buell, Prothonot (Seal) Deputy REQUESTING PARTY: Name: DAVID W. RAPHAEL, ESQUIRE Address: GRENEN & BIRSIC, P.C. ONE GATEWAY CENTER, NINTH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 200598 TRUE COPY FROM RECORD In Testimony whereof, l here unto set my hand and the seal Qf said Court at Carlisle, Pa. This _(S- day of _C-20-11- Prothonotary On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA, Known and numbered as, 853 Kiehl Drive, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 By: WL, Real Estate:Coordinator h tt .Z ci 19 is( Z CUMBERLAND LAW JOURNAL Writ No. 2010-2251 Civil Northwest Savings Bank vs. Jeffrey L. Cox Atty.: David W. Raphael ALL that certain piece or parcel of land situate in the Borough of Lem- oyne, Cumberland County, Penn- sylvania, bounded and described as follows: BEGINNING at a point on the northern line of Kiehl Drive, said point being on the line between Lot No. 35 and Lot No. 34 of Section No. 5, Susquehanna Hills; thence along the northern line of Kiehl Drive by a curve to the left having a radius of 350 feet, an arc distance of 49.38 feet to a point; thence by same South 24 degrees 33 minutes West, a distance of one hundred five and sixty-four one-hundredths (105.64) feet to a point at the dividing line between Lots Nos. 34 and 33, Section No. 4, Susquehanna Hills; thence along Lot No. 33 North 40 degrees 42 minutes 30 seconds West, a distance of two hundred thirty-one and ninety-eight one hundredths (231.98) feet to a point at lands of Harrisburg Acade- my; thence along lands of Harrisburg Academy North 48 degrees 49 min- utes East, a distance of one hundred twenty-five and eighty-three one- hundredths (125.83) feet to a point at line of Lot No. 35; thence along Lot No. 35 South 46 degrees 07 minutes 50 seconds East, a distance of one hundred seventy-two and fourteen one-hundredths (172.14) feet to the place of beginning. BEING Lot No. 34 on a Plan of Lots recorded in the Recorder's Office, Cumberland County, Pennsylvania, as Section No. 5 of Susquehanna Hills for Susquehanna Enterprises, Inc., in Plan Book 18, Page 16. UNDER and subject to the protec- tive covenants, conditions, restric- tions, reservations and limitations as set forth in an instrument entitled "Protective Covenants for Susque- hanna Hills Section No. 5", dated the 24th day of May, 1966, executed by Susquehanna Enterprises, Inc., and recorded in the Office of the Recorder of Deeds for Cumberland County at Carlisle, Pennsylvania, in Miscella- neous Book 174, Page 61. BEING the same property which Elaine X. Wolfe, single person, granted and conveyed to Jeffrey L. Cox, by Deed dated June 5, 1989 and recorded June 6, 1989, in the Recorder of Deeds Office, Cumber- land County, Pennsylvania in Book 33 Z, Page 361. 14 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 22, April 29, and May 6, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ??- /? '- Lisa Marie Co , Editor SWORN TO AND SUBSCRIBED before me this ,=daf Ma 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy .. Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patr1*otwXtws Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/22/11 04/29/11 05/06/11 May, 2011 A. D. Notary Public COMMONWEALTH OF PENNSYLVANIA N001" Seel Sherrie L Klener, Notary Public Lower Paxton lWp., Dauphin County My Commission Eow Nov. 26, 2011 Member, Pennsylvania Association of Notaries N° al eat22st CIW in V8 Bank ALL that cewRanhW bounded Co berlend ? dough parceli..Of land e BE and desenbed Pennsylvania line of )Gehl ePoint on the f° the line betxeen said Pont bein m No. 34 of Lot No. 35 Halls; Section No. 5 and Lot thence a1cn8 the Susquehanna Kiehl Dm e by a curve to li radius of 350. feet the left h of avmg a feet to d gree 3 then of 49.38 hundred West a Sou 24 Oo • between Lo to a point°??e-hundredths .y' , Susgue is Nos. 34 and 33, ?dtng line 33 Notch thence along a NO. West, a distance of nvn° 30 seconds feet to oft °n hundred hun 'h one to a Point at l? of th (231.98 Acade ) Acadethence ddOnnng lands of 2 ?9 ees e dtstance of one UL 4=utesEw, e;gh?-three one-h ?enty-SYeast tot pond inat line DECD No (125.83)' , seconds EW, a6 degr?s07?tes0 seventytµo Zee of one h -5 undred (172.14 and ?vitcen one-hundr sLs feet to th ? the G?M0.34onaPlanofOf beW- aniag. rIfDoi-der's Gffice; tsr rd Countyj ed of S as Sbet;on and hanna 5 UNDpR ??, in plan for usq halm Covenants o"bl? to 18, Page16. nation, ?Prote?e reservations and Covenin an pons as se r o ?, No. 5" daedr Sua9ueham, Protective t executed te the 24th da ' lft Section Inc, and by Susquehanna Of MaY, 19% Recorder recorded in the Entelp?s, of Deed office of County an PennsY4. Boas Book rI e BEAIG Wolf Sin e a Property 74 Page 61. 1989e Y L. Person ? ? ? Recorder of e June b d at, Jm e 5 61 tY Panns}lvan;a in Book Cumberland 33 7, page, the