Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
10-3885
SHEINTOCH TODD P.C. By: Everett K. Sheintoch, Esquire Attorney I.D. No.: 51507 1171 Lancaster Avenue Suite 100 Berwyn, PA 19312 Telephone (484) 318-7582 Facsimile (484) 318-7248 TD Bank, N.A., Successor-In-Interest By Merger to Peoples Heritage Bank, N.A. One Portland Square Portland, ME 04112 V. JAMES and LORETTA HAIR, h/w 147 Southside Drive Newville, PA 17241 Attorney for Plaintiff TD Bank, N.A., as successor by merger to Peoples Heritage Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.: 10 - .?$ S l? iv i I CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Defendants. : Plaintiff, NOTICE TO DEFEND "You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance 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 the Court without further notice may enter a Judgment against you for any money claimed in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you." "YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP." LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION C7), jl aUU i H 13EI)YURL) STREET CARLISLE, PA 17013-3302 z' - (717) 249-3166 :. --- i-- 49A.00 PO Arty CJ V C*I0 P& AVISO "Le han demandado en la torte. Si usted quiere defenderse de estas demandas expuentas en las paginas siguientes, usted tiene viente (20) dies de plazo at partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara mediadas y peude continuar la demands y require que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted." KLLEVE ESTA DEMAND A UN ABOGADO UvIMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFFICINA CUYA DIRECION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL." LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013-3302 (717) 249-3166 SHEINTOCH TODD P.C. By: Everett K. Sheintoch, Esquire Attorney I.D. No.: 51507 1171 Lancaster Avenue Suite 100 Attorney for Plaintiff TD Bank, N.A., as successor by merger to Peoples Heritage Bank Berwyn, PA 19312 Telephone (484) 318-7582 Facsimile (484) 318-7248 TD Bank, N.A. , Successor-In-Interest By Merger to Peoples Heritage Bank, N.A. One Portland Square Portland, ME 04112 Plaintiff, V. JAMES and LORETTA HAIR, h/w 147 Southside Drive Newville, PA 17241 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.. CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Defendants. COMPLAINT IN MORTGAGE FQRECLOSURE Plaintiff, TD Bank, N.A., Successor-In-Interest By Merger to Peoples Heritage Bank, N.A., by and through its attorneys, Sheintoch Todd P.C., brings this action in Mortgage Foreclosure against Defendants James and Loretta Hair h/w (the "Hairs"), and in support thereof avers as follows: 1. Plaintiff TD Bank, N.A. ("TD Bank") is a National Banking Corporation registered to do business in Pennsylvania with a principal place of business located at its headquarters of One Portland Square, Portland, Maine 04112. 2. For purposes of this action, TD Bank is the Successor-In-Interest by Merger to Peoples Heritage Bank, N.A, Lewiston, Maine 04240. Further, Peoples Heritage Bank, N.A. ("Peoples") is in turn is the Successor by Assignment from Coastal Financial Inc. ("Coastal"), 100 N. Black Horse Pike, Williamstown, New Jersey 08094. 3. Defendants the Hairs are believed and therefore averred to be adult individuals whose last known address to TD Bank is 147 Southside Drive, Newville, PA 17241. 4. On or about December 10, 1998 the Hairs entered into a certain Note and Security Agreement (the "Agreement"), regarding the financing of a certain Mobile Home with Coastal (i.e., 1977 Homette Mobile Home), and borrowed the sum of $51,000.00 A true and correct copy of the Agreement is attached hereto, incorporated herein, and marked as Plaintiffs Exhibit «A 5. The Agreement requires the Hairs to, inter alia, make monthly payments of $502.34 over twenty (20) years, beginning on December 10, 1998 and continuing until December 10, 2018. 6. In addition to the aforesaid Mobile Home collateral (titled in the name of the Hairs; See Certificate of Title attached hereto as Exhibit "B" ) , this Loan was also secured by real property located at 147 Southside Drive, Newville, PA 17241. In order to secure the obligations evidenced by the Agreement and to induce TD Bank to enter said Agreement, the Hairs pledged a a first mortgage in their home at 147 Southside Drive, Newville, PA 17241 and TD Bank recorded a mortgage on this real property. The mortgage is dated December 11, 1998 and recorded on December 29, 1998 in Cumberland County Recorder of Deeds Book No. 1509, Page 535. 7. On or about December 11, 1998 the Hairs delivered to TD Bank a Mortgage, as collateral for the aforesaid loan. A true and correct copy of said Mortgage is attached hereto, made a part hereof, and marked as Exhibit "C." 8. The Mortgage is secured against that certain premises, owned by the Hairs, located in the City of Newville, County of Cumberland and Commonwealth of Pennsylvania, commonly known as 147 Southside Drive, Newville, PA 17241 (the "Mortgaged Premises"), which is more particularly described in the Legal Description in the Mortgage. 9. The Hairs are the real and registered owners of the Mortgaged Premises by virtue of a Deed dated December 11, 1998, filed on December 29, 1998 in the Office for the Recorder of Deeds in and for the County of Cumberland (Deed Book and Page: 191-983). The Deed is incorporated herein by reference as fully as though set forth at length pursuant to the Pennsylvania Rules of Civil Procedure. 10. The Hairs Weavers breached the Agreement, and became in default of their mortgage obligations, inter alia, by their failure to make the monthly payment due under the Agreement and Mortgage. Payments are due for October 2009 and all monthly payments due subsequently thereafter. 11. As a result of said continuing default, on or about November 3, 2009 TD Bank transmitted Notices under the provisions of 35 Pa.C.S.A. 41680.401(cX"Act 91") and 41 Pa.C.S.A. §§ 403 & 404 ("Act 6"1; and thirty (30) days have passed without a payment. A true and correct copy of said notices are attached hereto, incorporated herein, and marked as Plaintiff s Exhibit "D." 12. Despite demands for payment, Defendants, the Hairs have failed and refused to pay all sums due and owing, or any portion thereof on the aforesaid Agreement and Mortgage. 13. Under the terms and conditions of the Agreement and Mortgage, Defendants, the Hairs are obligated and liable to TD Bank for the following as of June 8, 2010: Principal Balance of payments $40,994.14 Interest, up to and including $1,584.84 6/8/10 Attorney's Fees $ 727.50 TOTAL $43,306.48 (with per diem of $11.57) 14. Under the terms and conditions of the Agreement and Mortgage, TD Bank is entitled to continually accruing interest until satisfaction of the Note. 15. TD Bank is the current holder of all right, title and interest in and to the Agreement and Mortgage. WHEREFORE, the Plaintiff, TD Bank, demands judgment in Mortgage Foreclosure in its favor and against Defendants James and Loretta Hair under the terms of the aforesaid Agreemnet and Mortgage for the amount of $43,306.48, plus continually accruing per diem interest which continues to accrue through date of Judgment and legal interest thereafter, attorney's fees, costs of suit, costs for foreclosure and costs for sale of the Mortgaged Premises. Respectfully submitted, SHEINTOCH TODD P.C. By: Everett K. Sheintoch, Esquire Attorney for Plaintiff TD Bank,N.A. 011 Dated: 60 VERIFICATION I, Heather McCubrey, Assistant Vice President, for Plaintiff T.D. Bank, N.A., verify that I am authorized to do and make this Verification on its behalf and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. §4904 related to unworn falsifications to authorities. Dated: ?v 9, got 0 TD Bank, N.A. J& COhSTAL FINANCIAL INC. DBA JAMBS A. HAIR -- FIRST NANOFACTURED LOAN LOREITA L HAIR Loan Number I r I e? O L/ 100 NORTH BLACK HORSE PIKE 147 80DYH11n DRIVE Dale 12Z1011998 WILL HJ 08094 ?EW9I1'1P PA 17241 MMumvDas12/10/2018 ANTW-. _ AND ADDRESS Loan Amoum s 51.000.00 AME "You- means the Lerstr is suttessors and asswe, BORROWERS NAME AND ADDRESS TERMS FOLLOWING A ® APPLY ONLY IF CHECKED •I' includes mach Boma- a... M* and tem Retrieval Of NWy. NOTE - For value recewed, I pro sae to pay to You. or your order. n your address above. M prind{el sum a: FTFSN ONF THf1pCAARS DIRT ADC fi 00/100 Dorw,851,000.00 plan ne,me Iron, EIRrWRE 10 1998 elites rate d 10.30 ? ADDMONAL FINANCECN x Par yaer nB DECFI[BER 10. 2018 AROE•IeSO apeebpyanonreurwob lee df .ergswRa ?pa'Idin MSh. ?pnd pro rab oven, the ban term ? iwhheld Iran M proceeds (If the fee is withheld Iron,n the proceeds, the amount a mckuded m IM pnricipai bum.) ? VARIABLE RATE -The rate eoove may change so as always to be the idbwirg index male' me Imerest me may not change more man %each The annwi interest rate m eflact on thH note .11 not at any tare M magi than % m Imas than _ Me may change (as often a) %. TM kibrmaf M. in riled on this rate wet ... enmcw,ase ah (asarmag the. I. e he in ft base rib) aM en ecreeree in changs Me sail ? IN Mgunl of eadn scnedulea payment 1:1 the amount cue n immunity [:1 the dfMer of Payment. PAYMENT - I will pay this rate as Iabws (a) ? bnhaii, due Pnnclpel a.. - 10) Q This note has _2(x0Paymamea. The Kral payment win be in the Amount a s 502 - a4 and wB be mots JAHBARY 10.1999 ApaymentofS_Sm-34 wdladuemIM 10TH day deseh MONTH Inerealbr The final payment of the entire unpaid balanq of principal and nleren will be due .-HECffiER. 10.2018 INTEREST- Interest accrues on a IIIA TT. ' baste. ? RETURNED pHCK CHARGE. I W. b pay it Ise d f ? MINIMUM FINANCE CHARGE - I agree to pay a hemmum finance Charge of font each cam n"MWft it IomW of hgpr or"I I.. in conneclesn with ft, man W4hd cnargaa it I pay this ban oft below, you haw, maned that much in Mann POST-MATUETY WYLV W - Moran w5 accrue, e1Nr in "on the unpaid bnarce of one row an the - beats ss interest ack make below, melumy, udama a pacific posh luny lmeren rab w paved to in the nand sand.... LATE CHARGE - I agree lo pay a sale charge on any instanment orgaymde reeds Tare ? Int-1 wE eccrw at Ma tale ot man 15 01 this rob not paid at mnnny, irclmidmg mnumfy DY aunwraU Fr year on us, balance m days after d G due equal to % of the unpad aoum or SS?v whcMwe, ism--- THE PURPOSE OF THIS LOAN 5 - HOM PURCHASE SECURITY- Y. have Cenem rghle that may reflect my properly as siml-ire on page 2 The ban yy u ? e not hrnnar sadured (a) ? This loan is ii-etl by , dated fb) Iyt 1? Secuny Agraerrient -I gave You a security menial in the Prapeny described below. The righta 1 am giving you in this Prepay end M obNpebona tins agrmame. secures are dennmC on Page 2 01 this agreement 1977 HOMETPE SERIAL a 61200 Thai Prom my wM be uked for T.T ViMP ANNUAL PERCENTAGE RATE Th• c PI mY cedi FINANCE CHARGE TM dONam aimure M AMOUNT FINANCED T (aTE P YVw--- 1 I MH 0 b /ecnw, a1 this as . a yeMy rave. credl rip rob ue. M AMme daxw aorWd w rM ay my ealiae. ate arrieait N Me PtN wlen I Nee neat elachasksm MPnme 1 = IIaIe aaaarl I IM e .y S 69,583.60 S 50.978.00 W . s 120.561.60 Amount f ES - I rser"d )Q My Payment Schedule we be men - rp on Nu-, el Paymmb Amami a Paymwa• year Pewnwua"pNa n- 1 dna want 240 s502.34 lOTB OF EA MO emNalgn' b' arena en eanmw. S S S--00_ Filing Fen S f _0_ Nonfifing Insurance ? TMs rime has a tlemaM Imalure. ? TMs mete is payede on dAnemr and all 6scbeurea an baasd on an aeaaird rnaluriy d oma ymar. ? heete (C ? My ban conlatna a vennde rate leatun. Discbwres about Ire vsnade raN ehrw, nave been b rna mri (Check ck ) N prowitied mamker { o e ? The annual percentage rata may morease during the Morn d fns Ira mk,dk it Any acraaae will rake In. term of If the isle increasers by %in Ire wdi mcraese lip The rate may rid inaeaN man ~in. once , and mey not me eeae more men %each The relit will not go above % , Security - I am gwmg a eecurfly iaxeal in. ? (brwf deurplion a ones, pmpmy) LJ me goods or propxty, being punMesed ? collateral securing other bans with you may also secure this loan ? Required Deposit - The annual percenta e rata opts not l k t g a e in o account my ? my depogt accounts and other rights to the payment of money from you w,queed depose. Late Charge - 1 win be Charged a late charge on any pay.- made mote than 15 days afar it is due equal la 5 % of the un aid p amoum, or S.5.J0 .smMevens LESS - - Prepayment -11 I pay ofl HMS rote early. I ? ." rot h t ..Y4 ave o pay a minimum fmaaca charge. ? 11 1 pay, of inn note e". I wee rot Ise emitied to a reap a pan d Ina adwioMw Ia- Marge. A i ssumpt NAI on - SAn6ame buying the properly sepunng this obligation, cannot assume Me rernaiMx on the degsMn on the odyrl bans. sma my donhad doamaanta br anY addewel keormatlon about roreaYmM1. Mlari, any ipurW repayneM Wbt M asheWNd darn amp pregytmare rNYMa tad paMMra CREDIT INSURANCE - Credit ate ............... ___ mo.i ad t0 bbrain chMl. a. well not par pmNd-d :Ness 1 aqn one a ue oe ere not tlaluarI,nets See Notice of Proposed IMwanCe on Page 2. grew pay the Teo Prerrx Term Credit Life Name of Insurer I ? oo ® dpnit wantcrcdil Ne mWrance 10 ao IdI? d0 ral wem aeda aeeMliy maumrits 10,10 LN do not want pint credit file insurance ? do ® donor want x nEMMATHM OF AMOUNT FINANCED AMOUNT GIVEN TO ME DIRECTLY S AMOUNT PAID ON MY (LOAN) ACCOUNT f f AMOUNTS PAID TO OTHERS ON MY BEHALF to it-- CompaMH to Public ONI1cbw KEYSTONE ABSTRACT (loss) PREPAID FINANCE PURGE(S) s f a 51.000.00 f f f (22.00) -- in suranos, A-mllilminped S 50,978.00 (Add ae Mme biacal and sudrM mapnd hnence Margea.) PROPERTY INSURANCE - I may obtain propady in um,Koe Iron, anon I wan, mat is accerp atte 1o you. If I get Me neurAw'a Man a through you I wp pay f A OIIATU OREEM for of coverage SINGLE INTEREST INSURANCE -: may obtain Tingle intxeet mumince Iron, anyone I want bat is accepbbk g you k I Pet tM insurance ham or through you I will pay f br of cov mN, Sgnawre (Opllon.R Srg-d Fa Lefler II Sgnatpre I AGREE TO THE TERMS SET OUT pit PAGE 1 ANp PAGE s OF THIS HAVE IECEVED A COPY OFTMB OOCIM[NT ON TODAY'S DATE. MONERS - BEE NOTICE ON PAq& BEFORE RICHMOND. APIL rear lees aim,«,srz.m.rlu.sVClcoue.NU Pmm-as vaInAEVUroIaYAGREEMENT T.J CONSUMEfl LOAN- NOT FOR 6 CERTIFICATE OF TITLE F`OR AV EMf 1 94,S2 I _. Y 9?12,?Il132Dtlp,D?? p I HICLE IDENTIFICATION NUMBER ?r._IJM?TTC 7 : ,.. YEAR ' ? _. +.7 . MAKE OF V FJIICLE ?A • ,60DV. TYPE • ,. - - - pU AP PR J'7I EJSIItI'?T IOR TITLE STATE ODOM PROCD D ... _._ ' ..12/oC7/i?'. ,I / iIA?L.? 9 . D I AT E SMILES. ODOM S ... ., ., ., .. ..... 0 ?. ..i. ATE PA TITLED DATE OF ISSUE UNLA { DEN WEIGHT I GVWR I GCWR njw BRANnS .?DOUETEA STATUS 0 ACT*,,MILEAGE yy " i MILGAQE EXCEEDS THE,lsf=C} 'ANfCAL ' LIMIT$X:" 2 . NOT THE nCTbK mlei GE ' 3 =NOT THE ACjt1AL MILEAGE•ODOMETER ©Ij©METER BIS'CLI?SURE"F 4 = EXEMPT FRpRIflERDISCLOSURE REGISTEREDOWNER(S) i >JE- T T4,f EUERAL 1AW.. i b al _ 1; TITLE SRAN JAMES. A .G LORETTAOI OS ANTIOUE v ,. C . CIASSIC•\rEHIDLE HAIR: :. D= COLLECTIBLE VEHICLE A y,? r: 4+? 7 SbUTHS [ 1 F = pUT OFQOUNTRV P: OR NON-y. S. D . DE OR • NL W E?IV 7,LLE PA7241 .., DISTRIBUTION H =AOIVCULYURAC"VEF1iCLE t = LOBGINCI V E EC HICLE R . R ECONST.RUC V TD, T . ==THEFT VEHICLE FIRST LIEN FAVOR OF V " VEHICL.GONTNHS (lEl$SUED VIN ` A E SECOND LIEN FAVOR OF: X ' ? " .71 AXI PEOPLES "HERITAGE BANK FIRST LIEN RELEASEp If a second lianhnldsr is listed upon satisfaction of the Ikst 'lien, he Not Ilenhoder must lonverd this Title to the Bureau of Moor Vphkl h DATE es wl( _.the ' appropriate lone and fee, BV AUTHORIZED REPRESENTATIVE SECOND LIEN RELEASED MAILING ADDRESS DATE: ,. •-0774 0 By AUTHORIZED REPRESENTATIVE PEOPLI_S -N£RITAGE `BANK "LEWTtTOWN ME B4240 certify as Of me date el issue, the official recoooa of the Pennsylvania Depanrnenl AA** ,,. : of he said vs bn reflect that the person(a) or company named heroin is the lawful owner ' , it R •` ?y?? 4}cL ? -" Of the said vehcle. 3c. ? S-dowry ef,T t1+o" " AND S4V "yr y .4 ti - O BEFdJA t'al Sit ,,, - ;. MB oGMr Y% :. , ,mss t f a l be 114rtedt1i JWr1t: Tenante f r.? r ; th 14 OVNiB(, fiff8 Spey tD sUroiving NN1lf:?'Y 1 win be lash ae'NrMknta In CotTI et 9iGNATURE OF RETiSON AUIaN15TERiNO O.ITH ' deaeaaed Owns(. QOiS.m htSRler heftp " , l 1ST LIEN FATE: .' f IST LIENHOLDER W t l STREET ; - 4 1 CITY FINANCIAL INSTITUTION NUMBER f"_ Tn wn?ye cry =opmaeo ar c.mn?r a :aYti I( u: anc mGnIkY1 Yb a1M: ppy C?+nr wt 100 nm a. CN vMNCN eypgy 2ND LIEN. DATE III - Y, n t . : ?.:: w 4 i -?P ! J ? F" . -Y I I •' 2ND UENHOLDER ' .. c L „Y Co Co IGNAT uRe of Ar?Erc,wrn R AUTHOArab DgNER TREET .fi'°'{? .fV. ! ? .. - 'CITY rQ SIGNATURE OF caAVPLtc?NTrtrrLE OF.AVTHORgEp arSNER FINANCIAL INSTITUTION NUMBER': .:, . • `? `98 DEC 29 Aft 11 16 Parcel Number: 31-13-112-72 [Space Above This Line For Recording Data] MORTGAGE THIS MORTGAGE ("Security Instrument") is given on December 11, 1998 James A. Hair and Loretta L. Hair ("Borrower"). This Security Instrument is given to Peoples Heritage Savings Bank which is organized and existing under the laws of State of Maine address is P. 0. Box 1377, Lewiston, ME 04243 a h ? r ?,dq?? The mortgagor is and whose ("Lender"). Borrower owes Lender the principal sum of Fifty One Thousand Dollars Do]lars(U.S. $ 51,000.00 ). 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 ?} /L1 21-19- This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (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 Cumberland County, Pennsylvania: See Attached Discription which has the address of 147 Southside Drive, Newville (Penn Township) Pennsylvania 17241 [zip Code] ("Property Address"); PENNSYLVANIA-Single Family-FNMA/FHLMC UNIFORM INSTRUMENT Form 3039 9190 4-6R(PA) 19410) Amended 5191 VMP MORTGAGE FORMS - (800)521-7291 Printed on Recycled Paper Page 1 of 6 r' aouK 3??9 racE 1535 [Street, City], IW?I??1l TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage. grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal 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") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. 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. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, 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 all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. 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 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale 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 any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner 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 (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. Page 2 of 6 Form 3039 9/90 bh,?9 ? ?? QDAr%r cr_ir_ DESCRIPTION OF PREMISES ALL THAT CERTAIN, tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 349 on the dividing line between Lots No. 17 and 18 on the hereinafter mentioned Plan of Lots; thence, by said dividing line, South 00 degrees 10 minutes East, 200.00 feet to an iron pin; thence, North 84 degrees 26 minutes 20 seconds West, 100.00 feet to an iron pin; thence, by the dividing line between Lots No. 16 and 17 on said Plan of Lots, North 00 degrees 10 minutes West, 200.00 feet to a spike in the center of Township Road No. 349, aforesaid; thence, by the center of said Road, South 84 degrees 26 minutes 20 seconds East, 100.00 feet to the place of Beginning. BEING improved with a single family residence and other improvements known and numbered as 147 Southside Drive, Newville, PA 17241. BEING Lot No. 17 on Subdivision Plan of Lots of Thomas E. Meals as recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 30, page 27. a of PQn1sy!vanla I d) 86 -3d ii the office for the recording of Deeds pr!and County, ._' 80 _V T- Pa l s •Y ha of offic o °A, thi day of 9 `= t . 4 ?`.t: , r e?ra16 BOOK 4 5119 PACE :541 ,: 27. 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 ? 1-4 Family Rider ? Graduated Payment Rider ? Planned Unit Development Rider ? Biweekly Payment Rider ? Balloon Rider ? Rate Improvement Rider ? Second Home Rider ? V.A. Rider OOther(s) [specify] Legal Description 7 ry 7 J 1 4 BY SIGNING BELOW, Borrower accepts and agrees o in any rider(s) executed by Borrower and recorded with it. N Witnesses i j ?- r _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower Certificate of Residence I, do hereby certify that the correct address of the within-named Mortgagee is P. 0. Box 1377, Lewiston, ME 04243 Witness my hand this 11th day of December 199 Ag?rrt f Mortgagee COMMONWEALTHrOF PENNSYLVANIA, Cumberland County ss: On this the O, da of l:th y December lggg before me, the undersigned officer, persaIy appeared " : James A. Hair and Loretta L. Hair known to me (or satisfactorily proven) to be the person y r whose names are subscribed to the within instrument and a&nowl ^ d that executed the v6e=for the purposes herein contained. they IN WITNESS WHEREOF, I hereunto set my hand and official, seal.' My Commission Expires: .. ?- i Notwtd Sod ? Notary Public Richard J. Sabihr, M t ty Public Bethl0w% Lotdo t:axt Title of Officer Vi v Carmission Aug. EXpkfm 11, 2002 .Member. nn tibn Page 6 of 6 Form 3039 9/90 0 6UK ;.:1";'?lc? FACE L40 the terms and covenants contained in this Security Instrument and ames A. Hai Loretb&-I,. Hair NOTICE OF ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby transfers, assigns and conveys to Peoples Heritage Bank, 481 Congress Street, Portland, Maine 04101 the Note and Security Agreement of J.&L. HAIR dated 12/10/98 attached thereto together with the property described therein and all rights, privileges, and powers of the undersigned in or under said Note and Security Agreement. Coastal Financial Inc. Its: 0 mkL v ?r a r?:?A w i t c f . icaRM&a","I Bank ?ii 1! fi' S F America's Mo r ru Ir . TD Bank, i 'a P. O. Bus 9 ° Portland, M C3 T: 800-742.0 www.tdbanl ° ACT 91 NOIco TAKE ACTION ro James Hair 147 Southsido Drive YOUR HOME I Newville, PA 17241 FORECLOSURE* This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This notice explains how the program works. To see is HEMAP can help; you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseline Agency. The name, address and phone number of the Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housine Finance Agency toll free at 1-800-342-2397,, (persons with impaired hearing can call (717) 780-1863). This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN EDJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. James Hair 147 Southside Drive Newvile, PA 17241 267120467 TD Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANNIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county to which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this property with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL 'URPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THI DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: Land, IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months the following amounts are now past due: March, April, May, June, July, August, September and October 2009 Other charges (explain/itemize): TOTAL AMOUNT PAST DUE $4,018.72 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,018.72, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check certified check or money order made payable and sent to: You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:: LDo not use if not applicab_ le.) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default with in THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgage property. Please be advised that neither TD Bank, N.A.'s receipt nor its acceptance of payments over the specified 30-day period shall be deemed to have waived its right to accelerate the loan obligation and foreclose if such payments are not sufficient to have timely cured the existing default and to have paid such additional monthly and other payment obligations owing under the loan documents, including those arising over such 30-day period. Please be further advised that unless your loan documents or applicable law provide otherwise, TD Bank, N.A. fully reserves the right to apply any such partial or otherwise collectively insufficient payments made over such 30-day period to the balance of the loan obligation without waiver of its right to accelerate the loan obligation and to foreclose. 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 beings proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO THE SHERIFF'S SALE - if you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then oast due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by TD Bank N.A. and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT US: TD Bank, N.A. P.O. Box 9547 Portland, ME 04112-9547 Phone Number: 1-800-742-2651 Option 2 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgage 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 X 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. If your obligation has been discharged in a bankruptcy case, this notice is for informational purposes only and does not constitute a demand for payment or an attempt to collect indebtedness as your personal obligation. If you are represented by an attorney, please provide us with the attorney's name, address and telephone number. 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 IF YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. 0 TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Cumberland County Agencies Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Page 1 of 1 Bank ru 4.a?'s America's Most Er r-q TD Bank, N. ED P. O. Box 95, °° Portland, ME ° T: 500-742-2, ° www.tdbank ° co ACT 91 NOI? tr TAKE ACTION r ° 1 Loretta Hair 47 Southside Drive Newville, PA 17241 YOUR HOME FORECLOSURE* This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This notice explains how the program works. To see is HEMAP can help; you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of the Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397, (persons with impaired hearing can call (717) 780-1863). This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN EDJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Loretta Hair 147 Southside Drive Newvile, PA 17241 267120467 TD Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANNIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30)-DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT-'EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for tite reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this property with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a compacted Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL URPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT TH DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: Land, IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months the following amounts are now past due: March, April, May, June, July, August, September and October, 2009 Other charges (explain/itemize): TOTAL AMOUNT PAST DUE $4,018.72 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL, AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,018.72, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: 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 with in THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riehts to accelerate the morteaee debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose goon your morteaee property. Please be advised that neither 7'D Bank, N.A.'s receipt nor its acceptance of payments over the specified 30-day period shall be deemed to have waived its right to accelerate the loan obligation and foreclose if such payments are not sufficient to have timely', cured the existing default and to have paid such additional monthly and other payment obligations owing under the loan documents, including those arising over such 30-day period. Please be further advised that unless your Moan documents or applicable law provide otherwise, TD Bank, N.A. fully reserves the right to apply any such partial or otherwise collectively insufficient payments made over such 30-day period to the balance of the loan obligation without waiver of its right to accelerate the loan obligation and to foreclose. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold b_ 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 beings proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attornev's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO THE SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at an time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by TD Bank, N.A. and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT US: TD Bank, N.A. P.O. Box 9547 Portland, ME 04112-9547 Phone Number: 1-500-742-2651 Option 2 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgage 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 X 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. If your obligation has been discharged in a bankruptcy case, this notice is for informational purposes only and does not constitute a demand for payment or an attempt to collect indebtedness as your personal obligation. If you are represented by an attorney, please provide us with the attorney's name, address and telephone number. K , 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 IF YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. 0 TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. s t ' " Cumberland County Agencies Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Page 1 of 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~ T` ~r ±Y ~. '~t'ir 4t `ir~rrbr~~r m th a ~n o ~' ~ L " ~ : ef De t Ch ~; ..~ . ~ ~ 1 ` G . ~ i ~ ~ ~ g ~L Richard W Stewart `° ~- ~ ' -~ ; Solicitor fE r ~ - ,... ~~~R~FF .. :: ,^ ~ TD Bank, NA vs. James Hair (et al.) SHERIFF'S RETURN OF SERVICE Case Number 2010-3885 07/14/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on July 14, 2010 at 0832 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: Loretta Hair. After several attempts the Complaint in Mortgage Foreclosrue has expired. 07/14/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on July 14, 2010 at 0832 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: James Hair. After several attempts the Complaint in Mortgage Foreclosrue has expired. SHERIFF COST: $65.60 SO ANSWERS, July 14, 2010 RON R ANDERSON, SHERIFF (ci CounfySuite Sheriff, Teh^csoft. h,c. SHEINTOCH TODD P.C. By: Everett K. Sheintoch, Esquire Joel S. Todd, Esquire Attorney I.D. Nos. 51507/62334 1171 Lancaster Avenue, Suite 100 Berwyn, PA 19312 (T) 484-318-7582 (F) 484-318-7248 TD Bank, N.A. ,Successor-In-Interest By Merger to Peoples Heritage Bank, N.A. One Portland Square Portland, ME 04112 . Plaintiff, v. JAMES and LORETTA HAIR, h/w 147 Southside Drive . Newville, PA 17241 Defendants. Attorney for Plaintiff TD Bank, N.A., as successor by merger to Peoples Heritage Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2010-3885 CIVIL ACTION -LAW PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in connection with the above-referenced matter. SHEINTOCH TODD~P.C. Dated: ~~ . ~ ~'~ 1 By: - ow' Joel Todd, Esquire Everett K. Sheintoch, Esquire Attorney for Plaintiff ° TD Bank, N.A. ~ ~ °' n ~ ' ~ z `~ ~ ~ -~ Z4 ~ C~ ~ ~ N ~i'*1 ~+C. N ~< ~ ~~ ~ ~~ ~~ ~ ~~~1 ~~~ ~~ SHEINTOCH TODD P.C. By: 'Everett K. Sheintoch, Esquire Joel S. Todd, Esquire Attorney I.D. Nos. 51507/62334 1171 Lancaster Avenue, Suite 100 Berwyn, PA 19312 (T) 484-318-7582 (F) 484-318-7248 Attorney for Plaintiff TD Bank, N.A., as successor by merger to Peoples Heritage Bank TD BANK, N.A. ,Successor-In-Interest COURT OF COMMON PLEAS By Merger to Peoples Heritage Bank, N.A. CUMBERLAND COUNTY, PA Plaintiff, NO. 2010-3885 v. CIVIL ACTION -LAW ~ "' 0 ~ ~° ~~ --a ~ JAMES and LORETTA HAIR h/w __ r ` '' :_ -;~ ' ' ~ ` ' +° -~ ` .~ ._.. cis , Defendants. _ ~-` x' J - •--~~ `~-~'~1 ^7 7r-c _. ~. ~~...~„~ - ~ ...~. "- .] C J i~t ,,.. MOTION FOR ALTERNATIVE SERVICE gym, ~, LL ~; `~ = Plaintiff, TD Bank, N.A., Successor-in-Interest by Merger to Peoples Heritage Bank, N.A., by and through its undersigned counsel, Sheintoch Todd P.C., hereby brings this Motion for Alternative Service and in support thereof, states as follows: 1. Movant is TD Bank, N.A., Successor-in-Interest by Merger to Peoples Heritage Bank, N.A. ("TD Bank"), a National Banking Corporation with corporate offices located at One Portland Square, Portland, ME 04101. 2. The respondent is Loretta Hair, an adult individual whose last known residence address is 147 Southside Drive, Newville, PA 17241. 3. On or about June 14, 2010, TD Bank filed its Mortgage Foreclosure Compla~~it in the above-captioned mortgage foreclosure action. I' 'I 4. Thereafter, the Complaint was forwarded to the Cumberland County Sheriff'for service upon Loretta Hair at 147 Southside Drive, Newville, PA 17241. 5. The Cumberland County Sheriff was unable to make service of the Complaint upon Loretta Hair at 147 Southside Drive, Newville, PA 17241. A copy of the Sheriffs Return of Service is attached as Exhibit "A." 6. The Cumberland County Sheriff verbally advised counsel for TD Bank that the Sheriff tried on eight (8) different occasions to serve the Complaint upon Loretta Hair at 147 Southside Drive, Newville, PA 17241. 7. ProVest, LLC conducted an investigation and determined that Loretta Hair still resides at 147 Southside Drive, Newville, PA 17241. More specifically, ProVest's search revealed the following: (a) A national postal address search revealed no change of address for Loretta Hair; (b) Creditors indicated that the last reported address for Loretta Hair is 147 Southside Drive, Newville, PA 17241; (c) The Pennsylvania Department of Motor Vehicles provided no change of address for Loretta Hair; (d) The Social Security Administration has no death records on file for Loretta Hair; (e) An unemployment search did not reveal a current employer for Loretta Hair; (f) A public licenses search did not provide any information for Loretta) Nair; 2 (g) There was no record of any voter registration for Loretta Hair; and (h) No military records were found for Loretta Hair. A copy of ProVest's Affidavit of Good Faith Investigation is attached hereto as Exhibit ,.B ~~ 8. ProVest also telephoned two possible relatives and a possible neighbor of Loretta Hair, but there were no answers to the telephone calls. See Exhibit "B." 9. An online search for Loretta Hair using AnyWho.com on October 9, 2010 revealed that Loretta Hair still resides at 147 Southside Drive, Newville, PA 17241. 10. Pursuant to Pa.R.C.P. No. 430, this Honorable Court has the authority to grant TD Bank's Motion for Alternative Service. WHEREFORE, Plaintiff, TD Bank, N.A., as Successor-In-Interest by Merger to People's Heritage Bank, N.A., respectfully requests that this Honorable Court enter the attached Order granting its Motion for Alternative Service. SHEINTOCH TODD P.C. J~1 S. Todd, Esquire Attorney for Plaintiff Dated: X6,1 ~, ~V 3 SHEINTOICH TODD P.C. By: Evelrett K. Sheintoch, Esquire Joe S. Todd, Esquire Attorney I.D. Nos. 51507/62334 1171 Lancaster Avenue, Suite 100 Berwyn, PA 19312 (T) 484-318-7582 (F) 484-318-7248 Attorney for Plaintiff TD Bank, N.A., as successor by merger to Peoples Heritage Bank TD BANK, N.A. ,Successor-In-Interest COURT OF COMMON PLEAS By Merger to Peoples Heritage Bank, N.A. CUMBERLAND COUNTY, PA Plaintiff, NO. 2010-3885 v. JAMES and LORETTA HAIR, h/w CIVIL ACTION -LAW Defendants. VERIFICATION I, Joel S. Todd, Esquire, counsel for the Plaintiff in this action, verify that the statements in the foregoing Motion for Alternative Service are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. §4904 related to unsworn falsifications to authorities. By: J 1 S. Todd, Esquire Dated: ~(j, ~", ~Q SHEIP~TOCH TODD P.C. By: Everett K. Sheintoch, Esquire Joel S. Todd, Esquire Attorney I.D. Nos. 51507/62334 ;1171 Lancaster Avenue, Suite 100 ;Berwyn, PA 19312 ~(T) 484-318-7582 (F) 484-318-7248 Attorney for Plaintiff TD Bank, N.A., as successor by merger to Peoples Heritage Bank TD BANK, N.A. ,Successor-In-Interest COURT OF COMMON PLEAS By Meager to Peoples Heritage Bank, N.A. CUMBERLAND COUNTY, PA Plaintiff, NO. 2010-3885 v. CIVIL ACTION -LAW JAMES and LORETTA HAIR, h/w Defendants. CERTIFICATE OF SERVICE I, Joel S. Todd, Esquire, hereby certify that on the date set forth below a true and correct copy of Plaintiffs Motion for Alternative Service and proposed Order were served by U.S. regular mail, postage prepaid upon: Loretta Hair 147 Southwide Drive Newville, PA 17241 James Hair 7 Waterloo Road Carlisle, PA 17015 /' Joel S. dd, Esquire Dated: ' ~~• ~g' ~(/ Attorney for Plaintiff i~ ~~~ ~% ,, ', A SHERIFF'S OFFICE OF CUA~IBERLAND COUNTY Ronny R Anderson Sheriff ,~p 01 ~.ItdfbClf Jody S Smith G4~ j~fie ~ Chief Deputy Richard W Stewart ~r: ;. -~ Solicl7or o~tc~ of rw6 s~R~F TD Bank, NA vs. James Hair (et al.) Case Number 2010-3885 SHERIFF'S RETURN OF SERVICE 07/14/2010 Ronnyl, R. Anderson, Sheriff, who being duly sworn acxording to law, states that on July 14, 2010 at 0832 hours the was unable to serve a true campy ~ the within Complaint In Mortgage Foreclosure, upon the within'i~amed defendant, to wit: Loretta Hair. After several attempts the Complaint in Mortgage Fo~r~~ has e~ired. 07/14/2010 Ronnytl,R. Anderson, Sheriff, who being duly sworn according to law, states that on Juiy 14, 2010 at 0832 hours,' M'-e was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the within Vhamed defendant, to wit: James Hair. After several attempts the Comp~int in Mortgage Forecltbsrue has e~ired. SHERIFF COST: $65.60 July 14, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF tc; Co,mtySuite Sher.9, Telc~esott Inc. 1 ~~ ~'~~~'% PnoVeegt, LLC Affidavit of Good Fadth Inves~igetion t~lerrt proNided ~omr~iorr: File Number. HAIIR Attorney Firm: SHEINTOCH TODD P.C. Subject Name: Loretta Hair Property Addn~ss:' Street: 147 Southr;ide Drive City: Newvilie State: PA Zip 17241 Skip Rem: Date of Birth: 05/21/1972 ProVest File Number. 2559787 Last KnoMm Dates: As of 7/21 /2010 Street: 147 SOUT{HSIDE DR Phone: City: Nevwil~ State: PA Zip: 17241 9536 Deedh Rsocx+tls: As of 7/21/2010, the Soul Security Administration has no death record on file for Loretta Hair . sodr SeKx~rlty Ntl~nber se.r+cn ca~pledea. Errlptoymertt 5ea~: !!noble to verity current empbyer. CredNa' kMortnediioft: Creditors indicated the last reported address for Loretta Hair as 147 SOUTHSIDE DR, Newville, PA 17241 9536. v~~p~arirnent of MoWr The Pennsylvania Department of flAotoc VehiGes provided no change for Loretta Hair from 147 ~~rr R~so~orda: SOUTHSIDE DR, Newvilie, PA 17241 9536. PUbNc LJoerress (P~t, Search pertormed provided no information. geed F.atsle. etC): VRepi~'atlor~ The County Voters Registration Office has no listing for Loretta Hair . Natlonel PoeW Has no change for Loretta Hair from 147 SOUTHSIDE DR, Newville, PA 17241 9536. Address Ssench: Search: There was no active military status found. Cortunen>as: 1 ~ 71788-5434: Ned possible relative, Homer Fleag~, there was no answer. 2 7i 7-4&S-7£s~3: lied ~ ~ItN~e, Ste¢h8ii A Flair, there was na ensurer. 3~ 717-486-4848: Ned pos~le neighbor, Franklin Heffner, there was no answec. On 7/21/2010, I, Ju Vazquez being duly sworn acxar+dMg m the {aw, deposes and says: ! am employed by ProVest, LLC. I have ~d ed an investigation into the whereabouts of the above named subject. Above are the results of my investi~tion. I Affiant nam~:.Suti uea Date: 7/21/2010 Su~saibed acrd swum i!o be~ors nte. ~. Notary Pt~Nc ~GaraL ~ailtx?g1a~ 11~~ ~ra.f ~~ ~~~ C7 • ~ • White Pages on yWho Page 1 of 1 ~l~ wa~~~~r I People Search rr'M a!~ v v a +v first NanN Lat NaerN Stab^ ~~ LOIeQe _.,_. Mat _.~._._...._ Pa~uisyherne ~ _ F^rArry P^apia. Piawa. ~ _ aad 8rwan^a~ NOME YELLONr -AeEi wlllTE -AdES REYER>tE LOOKW NEL- $ Intsrnstionai I I FIND A PERiO.N _. $ Maps ! Last Name Re4ulred First Name ______4..____ Street _.~_.____._~_ $ Ar^^ C^d^r Hair LOreda TtP: Usa tlm rue name TiP: Try lust the Ss[ otter TIP: Use full street address $ a^~ror^as+d ^.d~~_».~._ __ state ZIP Code Newvige PA r 17241 ?Search TIPS $ lmsa S^^rch _.._._. __... _ _ ............. . $ Soei^1 N^t Ssardt Sponsored unk Eadcpround Check Fiat Nanea Lorea, ._.__.._ t.^d Narrl^ Nair Nswwse itata e O Loretta L Hair 147 Southside Dr Newville, PA 17241 (717)486-E760 ! Nsarbv Businesses i tlaa I JklYi~.i2it?~S _ $ 1e~` ~ R _ ~y C 2oLa rapeaolt Cerperea^r O a0t0 NeVfaQ OAND MORE INlORMI1TION ON t.or^et^ L Nair ^ (717) 486-8760 is a tend Line phone. ^ The kxal time Is 12:40 PM. • LocaUOn: Newviik, PA Information provided solely by jQ~.yl ~~tL~Vf wwei.re^r First Name Last Name Gt~._ __ _~ _..__~,. State Loretta Hair Newville Pennsylvania r Find More Information for Loretta L Hair Email and Otlter Phone Lr±•+mkun Find Loretta L Hair's Email Address & Phone Number. Run a Background Check on Loretta L Hair Veri(Y,(~bhc Records Does LOreKa L Hair Have any civil court records? Yiew Property a Area Infarmatlon What is this property worth? View ~>•1 Network PrnRie Find Loretta L Hair online personality Gk C^^+..elere AWresc Him a Find Loretta L Hair address history Additional records provided by jpMyy;: Pubiit records found for Loretta Ha1r with airnat • verified Phone • Address . _ _ _.. _ Home i About Anywho ~ Help i Site -'+^D i Keen i YP.com Is~md.G~tl~os. i3hfJGiL~I All righLS reserved. ATQT, ATaT bqo and all related ATQT marks are trademarks of AT6T Intellectual Property and/or ATaT iifliNbd aprnpanka. All other marks are the propMles d their respeRive owners. The persona! Iderltllylrry intormatbn avsllabie On Anywho La provided Sdely by Intetius, Inc. and is derived from Public Records, Publicly Available Inforrnadon acrd Commercial Records, Full Dlsdalmer. POPULAR CITIES ON YP.GAn More Gins > AtldLlli S.hddSlSdC QCLr9i1 Lamm': CliOflli 9[IaOtiQ ~ Li3iLiG4 L1tiLStoII LLIS.BBpCiCi L`1iil7G-YISCL ErLtiiQf.'I-i]iL 8altiQl9CC i?Jiilis IL1di0,0iC1Nii laLlSYilk 1J010LY9[!S E04RLIIX ill i2lLIXCC Kansas City J~Obii Oklahoma City http://whitepages.anywho.com/results.php?ReportType=34&qc=Newville&a~Loretta&ai... 10/9/2010 OCT 2 2 ZU10 TD BANK, N.A. ,Successor-In-Interest By Merger to Peoples Heritage Bank, N.A. NO. 2010-3885 v. Plaintiff, JAMES and LORETTA HAIR, h/w Defendants. AND NOW, this ORDER th ~S day of COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA n CIVIL ACTION -LAW ~3 fl 0 a -n ~~. ym n -vr' . N~ N ~' rte- Z ~ ~ p ~ Z o ~~ ~ -~ 4' -< ~~ ~ p L r , 2010, upon consideration of Plaintiff s Motion for Alternative Service, and it appearing to the Court that the Plaintiff has made good faith efforts to locate the Defendant, Loretta Hair, in order to serve the Complaint in the above-referenced mortgage foreclosure action; NOW, THEREFORE, it is hereby ORDERED and DECREED that said Motion is granted and Plaintiff is directed to serve a copy of the Mortgage Foreclosure Complaint upon Defendant, Loretta Hair, by posting a copy of the Complaint upon her residence door located at 147 Southside Drive, Newville, PA 17241; and It is further ORDERED and DECREED that service of all future papers in this matter shall be served upon the Defendant, Loretta Hair, via regular mail sent to her last known address at 147 Southside Drive, Newville, PA 17241. BY THE COURT: '-. I l0~•2S~ly ~~ ~",~` _- G SHEINTOCH TODD P.C. By: Everett K. Sheintoch, Esquire Joel S. Todd, Esquire Attorney I.D. Nos. 51507/62334 1171 Lancaster Avenue, Suite 100 Berwyn, PA 19312 (T) 484-318-7582 (F) 484-318-7248 Attorney for Plaintiff TD Bank, N.A., as successor by merger to Peoples Heritage Bank TD Bank, N.A. , Successor-In-Interest COURT OF COMMON PLEAS By Merger to Peoples Heritage Bank, N.A. One Portland Square CUMBERLAND COUNTY, PA Portland, ME 04112 NO. 2010-3885 Plaintiff, CIVIL ACTION - LAW V. JAMES and LORETTA HAIR, h/w -"CD 147 Southside Drive -- 41 PA 17241 Newville , Defendants. - raj PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in connection with the above-referenced matter. SHEINTOCH TODD P.C. Dated: l 1 • (4 1 6 P radd 09 eof [73;` oeoa S t-N'a- irl 11 By: Joel . T dd, Esquire Everett K. Sheintoch, Esquire Attorney for Plaintiff TD Bank, N.A. SHERIFF'S OFFICE OF CUMBERLA,E),_000NTY Ronny R Anderson Sheriff OF TF1EftRQ ?HQJ?CF Jody S Smith O TA R Y Chief Deputy ""DEC -2 Richard W Stewart M 3:46 Solicitor OFF C ? T ;,-cR,FF CU PEERLAND CO ?. PdS YLVA ml , F TD Bank, NA vs. James Hair (et al.) Case Number 2010-3885 SHERIFF'S RETURN OF SERVICE 11/23/2010 07:48 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November 23, 2010 at 1948 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James Hair, by making known unto himself personally, at 151 Oxford Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. DENNofS FRY, DE U 11/23/2010 07:48 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November 23, 2010 at 1948 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Loretta Hair, by making known unto James Hair, Husband of defendant at 151 Oxford Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.90 November 29, 2010 DENNI FRY DEPU SO ANSWERS, RON R ANDERSON, SHERIFF si COUITYSLAte Shenft, Te eosoff Inc. SHEINTOCH TODD P.C. By: Everett K. Sheintoch, Esquire Joel S. Todd, Esquire Attorney I.D. Nos. 51507/62334 1171 Lancaster Avenue, Suite 100 Berwyn, PA 19312 (T) 484-318-7582 (F) 888-506-3781 Attorney for Plaintiff TD Bank, N.A., as successor by merger to Peoples Heritage Bank TD BANK, N.A. , Successor-In-Interest COURT OF COMMON PLEAS By Merger to Peoples Heritage Bank, N.A. CUMBERLAND COUNTY, PA Plaintiff, NO. 2010-3885 V. CIVIL ACTION - LAW , JAMES and LORETTA HAIR, h/w 71 Defendants. iv `D PRAECIPE TO SETTLE. DISCONTINUE AND END ' TO THE PROTHONOTARY: Kindly mark the above-captioned matter Settle, Discontinued and SHEINTOCH By: Joel !V Todd, Esquire Attorneys for Plaintiff TD Bank, N.A Dated: 3 /I- /l