Loading...
HomeMy WebLinkAbout10-7055+ s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU?TY, PENNSYLVANIA CIVIL ACTION - LAW NORTHWEST SAVINGS BANK, NO. A.D. Plaintiff, Type of Documen : COMPLAINT I MORTGAGE V. FORECLOSU I MATTHEW A. KOSER and JILLIAN E. KOSER, Defendants. Filed on behalf of: Northwest Saving. Bank, Plaintiff Counsel of Record for This Party:;: t e Kurt L. Sundberg, Esq. Supreme Court I .D. 56844 Marsh Spaeder Bar Spaeder & Schaaf, LLP Suite 300, 300 State Street Erie, PA 16507 (814) 456-5301 CS) Ua.co PQ pr~f al ta84o P-4 aso 85(a NORTHWEST SAVINGS BANK, IN THE COURT F COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW A. KOSER and JILLIAN E. KOSER, Defendant CIVIL ACTION - W NO. TO: Matthew A. Koser 26 East Pine Street Mount Holly Springs, PA 17065 YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE S WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND Fl 'THE COURT YOUR DEFENSES OR OBJECTIONS TO THE, CLAIMS SE YOU ARE WARNED THAT 11-- YOU FAIL TO DO SO THE CASE MAY I AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COI NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MO OTHER RIGHTS IMPORTANT TO YOU. NOTICE DEFEND AGAINST THE TAKE ACTION WITHIN 3RVED, BY ENTERING A LING IN WRITING WITH C FORTH AGAINST YOU. KOCEED WITHOUT YOU RT WITHOUT FURTHER ANY OTHER CLAIM OR NIEY OR PROPERTY OR YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORT . BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HI INGA LAWY ER: IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OF] PROVIDE YOU WITH INF'ORMATION' ABOUT AGENCIES THA SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 MARSH SPAEDER BA By Attorneys for Plainti 300 State Street, Suit Erie, Pennsylvania 1i (814) 456-5301 :E MAY BE ABLE TO MAY OFFER LEGAL SPAEDER & SCHAAF, LLP 300 X507 NORTHWEST SAVINGS BANK, IN THE COURT O COMMON PLEAS Plaintiff OF CUMBERLAN COUNTY, PENNSYLVANIA V. MATTHEW A. KOSER and. JILLIAN E. KOSER, Defendant CIVIL ACTION - LAW : NO. TO: Jillian E. Koser 26 East Pine Street Mount Holly Springs, PA 17065 YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE S WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND Fl THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SE YOU ARE WARNED THAT TF YOU FAIL TO DO SO THE CASE' MAY I AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COI NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MO OTHER RIGHTS IMPORTANT TO YOU. NOTICE DEFEND AGAINST THE TAKE ACTION WITHIN :RVED, BY ENTERING A LING IN WRITING WITH r FORTH AGAINST YOU. ROCEED WITHOUT YOU FRT WITHOUT FURTHER ANY OTHER CLAIM OR JEY OR PROPERTY OR YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ?NCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORT BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWY A. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OF ICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT ' MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED' FEE OR NO FEE. Cumberland' County Bar Association 32 South Bedford Street Carlisle, PA 17013 MARSH SPAEDER BA SPAEDER & SCHAAF, LLP By Kurt L. SundKerg Att6meys for Plaintiff 300 State Street, Suite 300 Erie, Pennsylvania 1 507 (814) 456-5301 I , NORTHWEST SAVINGS BANK, IN THE COURT O COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MATTHEW A. KOSER and JILLIAN E. KOSER, Defendants NO. COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the plaintiff, Northwest Savings Bank, Iby its attorneys, Marsh Spaeder Baur Spaeder & Schaaf, LLP, and files the following Complaint in Mortgage Foreclosure and avers as follows: 1. The plaintiff is Northwest Savings Bank, a bank organi?ed under the laws of the Commonwealth of Pennsylvania with its principal offices situate at 10? Liberty Street, Warren, Pennsylvania 16365 (hereinafter referred to as "Northwest") 2. The defendants, Matthew S. Koser and Jillian E. Koser, are adult individuals 'who reside at 26 E. Pine Street, Mount Holly Springs, Pennsylvania 1'7065, and are hereinafter referred to as the "Defendants." 3. At all times material to Northwest's cause of action, the Defendants have been the owners of a parcel of land and building situate in the Borough of Mount Holly Springs, County of Cumberland, and Commonwealth of Pennsylvania, describe as follows: ALL THAT CERTAIN lot or parcel of land known. as Lot No.9 situate on the south side of Pine Street, in the Borough of Mt. Holly Springs, Cumberland County, ]Pennsylvania, bounded and described asp per magnetic bearings of 1946 as follows: BEGINNING at a point on the south side of Pine Street, a come of land belonging now or formerly to Helen I. Harmon; thence by said Harmon lot, South 10 and 1/4 degrees East, 150 feet to an iron pin on the north side of a 25 foot wide alley; thence along the north line of said alley, North 79 and 3/4 degrees East, 50 feet to an iron pin, a corner of Lot No. surveyed by F. Wetzel in 1942; thence by said Lot No. 10, No 1/4 degrees, West, 150 feet to a point on the south side of Pine thence along Pine Street, South 79 and 3/4 degrees West, 50 fe place of BEGINNING. 10, as h 10 and treet; t to the Being commonly known as 26 E. Pine Street, Mount Holy Springs, Pennsylvania and being further identified by Cumberland ounty Tax Assessment Index No. 23-32-2336-292. Being the same property conveyed to Matthew A. Koser and Jillian E. Koser, by Deed dated February 20, 2008 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania as Instrument No. 200805391. (hereinafter referred to as the "Property"). A true and correct copy of said Deed is attached :hereto, is incorporated herein by reference, and has been marked EXHIBIT "A." 4. On February 20, 2008, in consideration of the loan of $133,000.00 made by Northwest to Defendants, Defendants executed and delivered to Northwest a Note secured by a Mortgage on the Property above described in the principal amount of $ 33,000.00, obligating the Defendants to pay the sum of $829.75 per month, which payments the first (1st) day of each month, with interest on the unpaid principal said Note, until paid, at the rate of 6.375% per annum. A true and con is attached hereto, is incorporated herein by reference, and has been in Said Mortgage is recorded in the office of the Recorder of Deeds of Pennsylvania, as Instrument No. 200805392, and a true and correct portions of said Mortgage is attached hereto, is incorporated herein by marked EXHIBIT "C." 5. Pursuant to the terms of said Mortgage above Note, failure to make a monthly payment when due constitutes a ere due on or before lance from the date of t copy of the said Note red EXHIBIT "B." Berland County, of the relevant ference, and has been and its accompanying 2 I 6. The Defendants have defaulted in their required and refusing to pay Northwest the required monthly payments of pri months of June 2010 through October 2010 The last monthly payment due for May of 2010, and the total delinquency Northwest has made repeated demands on the Defendants to pay payments by failing and interest for the was applied to the to five (5) months. monthly payments, but without success. 7. $5,476.38. 8. As of October 20, 2010 the total arrearages due owing Northwest is As of the anticipated Sheriff's Sale date, the amount due the Northwest will be: Principal Balance Negative Escrow Interest to 03/02/11, date of Sheriff's Sale Late charges to 03/02/11, date of Sheriff s Sale Collection Fee TOTAL Plus all costs of any kind or nature. 9. Northwest certifies that notice of intention to foreclose by Northwest pursuant to Section 403 of Act No. 6 of the $130,680.27 911.66 10,300.75 746.77 7,000.00 $149,639.45 given to Defendants Assembly of the Commonwealth of Pennsylvania. True and correct copies of said Notices of Intention to Foreclose sent to Defendants and certified mail receipts and domestic return receipts showing mailing and receipt or nonreceipt by the Defendants of said Notice are attached hereto, are :incorporated herein by reference, and have been marked EXHIBIT "D. ' 10. Northwest has given the Defendants notice pursuant fo Section 1680.403c of .?article IV-C of the Pennsylvania Housing Finance Agency Law, known as the Pennsylvania Homeowner's Emergency Mortgage Assistance Act. True and correct copies of said Notices sent to Defendants and certified mail receipts and domestic return receipts showing mailing and receipt or nonreceipt by the Defendants of said Notices are attached hereto, are incorporated 3 herein by reference, and have been marked EXHIBIT "B." The Defendants has not met with Northwest or an approved consumer credit counseling agency within thirty-three (33) days after the postmark date of said Notices. WHEREFORE, plaintiff demands judgment against the defendants in the amount of $149,639.45, plus costs of suit, Sheriffs Sale and foreclosure an sale of the mortgaged Property. Respectfully submitted, MARSH SPAEDER BAUR S By Kuft L. Sur&erg A?ftorneys for Plair. 300 State Street, Si Erie, Pennsylvania (814) 456-5301 Exhibits Attached: "A" Deed "B" Note "`C" Mortgage "'D" Notice of Intention to Foreclose Mortgage, together with Domestic Return Receipts "E" Notice Under Homeowner's Emergency Mortgage As; Certified Mail Receipts and Domestic Return Receipts PAEDER & SCHAAF, LLP ite 300 16507 Mail Receipts and Act, together with 4 NORTHWEST SAVINGS BANK, Plaintiff V. MATTHEW A. KOSER and JILLIAN E. KOSER, Defendant IN THE COURT OF C OF CUMBERLAND C PENNSYLVANIA CIVIL ACTION - LAV NO. VERIFICATION 1PLEAS 1, Cynthia M. Diethrick, Acquisition. Coordinator for Northwes Savings Bank, hereby verify that the facts contained in the within Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities and is 'given pursuant to the provisions for verification of pleadings as defined and provided for in Rule 1024 of the Pennsylvania Rules of Civil Procedure. Cynthia M. Diethrick Acquisition Coordinator Northwest Savings Bank Oct-22-2010 10:1%m From- F--T1L1s01cn1ARcn1 Esim612'G0NNOT,1,f7ak-A*pd DEED MADE THE 2011 toy of February, 2008, ]BETWEENMATMU W A. KOSER. AND JILLIAN E. RAMSEY, now E. KOSER, husband and wife, of Cumberland County, Pennsylvania, I Grantors, AND T-704 P-005/015 F-162 No. 23-32-2336-292 marriage, JILLIAN inafter referrod to as MATTHEW A. KOSER AND JILLYAN E, KOSER, husband and wif6, both of Cumberland County, Pennsylvania, holding title as tenants by the entirety, hereinafter referred to as Grantees, bi consideration ofONE DOLLAR ($1,00), the receipt whereof is hereby acknowledged, the Grantors do hereby grant and convey to the Grantees, their heirs and assigns: ALL THAT CERTAIN lot or parcel of land known as Lot No. 9, situ to on the,south side of fine Street, in the Borough of Mt, Holly Springs, Cumberland County, Pennsylvania, bounded and described as per rnagnetir bearings of l 46 as follows: BEGINNING at a point on the south side of Fine Street, a corner of land belonging now or formerly to Helen I. Hannon; thence by said Harmon lot, South I 0 % degrees East, 150 feet to an iron pin on the north side of a 25 foot wide alley; thcrice along the north line of said alley, North 79'/ degrees least, 50 feet to an it in pin, a cornet' of Lot No. 10; as surveyed by F. Wetzel in 1942; tJacnce by said Lo No, 10, North 10'1/4 degrees West, 150 feet to a point on the south side of Pine Stye t; thence along fine Street, South 79% degrees West, 50 feet tolhe place of BEG ING, BEING improved with a I'/ story frame dwelling house known as ar?d numbered 26 & Pine Street, ,Nit. Holly Springs, Pennsylvania 17065, "SUBJECT to the restrictions set forth in Cumberland County Deed B ok 14,X, Page 143, BEING the same premises which Scott E. Chestnut and Jessica E. C estnut by Deed dated October 27, 2006 and recorded November 3, 2006 in the off-ice of the recorder of Deeds in and for Cumberland County, Pennsylvania in. Deed Book 277, Page 2250, granted and conveyed unto Matthew A. loser and Jillian I;. Ramsey. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed, EXHIBIT B a Oct 12-2p1p 10:13am From- IN WITNESS WHEREOF, said Grantors have hereunto set their year first above written, SIGNED, SEALED AND DELIVERED IN THE PRFSFNCE OF Matthew r< Ji 'an E. Jilli#in E. Koser COMMONWEALTH OF PENNSYLVANIA ) COUNTY Of CUMBERLAND ) On this, the 20`' dory of February, 2008, before me, the undersig: appeared Matthew E. Loser and JilIian E. Ramsey, now by marriage, Jillian or satisfactorily proven to be the persons whose names are subscribed to the acknowledged that they executed the same for the purposes therein contain IN WITNESS WHEREOF, I hereunto set my hand and official C0wA0NtVMTH pF pENNS'yL.vANIA ' hlo Tw Seal Matt' M. Prim N otTy PWtic WStt3 ? 19, 1 Memh ;, Pnntsylventa Aer.oclatWn of NaWdas iC T-704 P•006/015 F-162 and seals the day and ied officer, personally E. Koser, known to me within instrument, and ." `' Oct-22-2010 10:13am From- T-704 P.007/015 F-152 1 hereby certify that the precise residence and complete post office address of the within Grantees is 26 E, Pine Street, Mt. Holly Springs, PA 17065. Attornoy for Grantees MARTSON DEARDORFF WILLIAMS OTTO GILR :)Y & FALLER MART SON LAW OFFICES 10 EAST HIGH SrnEL r CARLISLE, PENNSYLVANIA 17413 TELEPHONE 717-2433-3341 FACSIMILP 717-243-1850 INTERNET www.marisonlaw.com Oct-22-2610 10:14am From- ftOBERT F. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY X COURTHOUSE SQUARE CARLISLE, PA 17013 717.240-6370 Instrument Number - 20ONS391 Recorded On 2/25/2008 At 3:412:30 PM 'Instrument Type - DEED Invoice Number - 14973 User ID - AF * Grantor - ]KOSER, MATTHEW A * Grantee - KOSER, M[ATTIMW A * Customer - MARTSCIN *FEE$ STATE 'WRIT TALC $0.50 STATE JCS/ACCESS TO $10.00 L7USTICE RECORDING FS'ES - $12.00 RECORDER CAF' DEEMS AFFORDABLE HOUSING $11.50 C0t)NTY ARCHIVES FRE $2.00 RED ARCHZV$S FEE $3.00 CARLISLE AREA SCHOOL $0.00 DISTRICT MT. HOLLY: SPRINGS $0.00 SOROUr.11 TOTAL PAID $39.00 *Total Pages 4 X Certify this to be ]r in Cumberland Cou '? - Information denoted by an asterisk ay change during the verification process and may not a reflected on this page. F-162 i'Cquwi NOTE February 20, 2008 [Date] [city] [state] 26 East Pine Street, Mount Holly Springs, PA 17065 C [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $133,000.00 "Principal"), plus interest, to the order of the Lender. The Lender is Northwest I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who 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 be rate of 6.3750%. The interest rate required by this Section 2 is the rate I will pay both before and 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning I will make these payments every month until I have paid all of the principal and in below that I may owe under this Note. Each monthly payment will be applied as of its to interest before Principal If, on March 01, 2038 , I still owe arr. amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at Northwest Savings Bank, 100 Liberty nd (this amount is called Bank, Savings Bank this Note by transfer and who is paid. I will pay interest at a yearly any default described' in Section April 01, 2008 st and any other charge described eduled clue date and will be applied nts under this Note, I will pay those et, Warren, PA 16365 or at a different place if required by the Note Holder. I(B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $829.75 4. ]BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments clue under the Not . I may make a full Prepayment or partial Prepayments without paying a Prepayment c arge. The Note Holder will use my Prepayments to 'reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid. interest on the Prepayment amount, before appl??ying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment sunless°the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mae ITEM 16461-1 (0312) (Page I of 3 pages Form 3200 1/01 G reatDocs - To Order Call: 1-800-968-5775 2715016594 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is fin' ' interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the ermitted limits, then: (a) any such loan charge shall be reduced by the arrtount necessary to reduce the charge to the permuted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refimd by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. j 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of theicharge will be 5.0000% 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 Princ?,pai which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. i 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 1 give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first clays mail to the,Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated 'to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. Th,s 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 rot been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In ad ition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Securit 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 MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3200 1/01 GreatDocs I ITEM 16461-2 (0312). (Page 2 of 3 pages) To Order Call: 1-800-968-5775 ;2715016594 this Note. That Security Instrument describes how and under what conditions I may be rquired to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option. shall not be exercised by Lender if'such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of accelera ion.. The notice shall provide a period of not less than 30 days :from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Borrower has executed and acknowledges receipt of pages I through 3 of this Note. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED - (Seal) Ma . eW A oSer -Borrower V11i Los -(Seal) -Borrower - (Seal) -Borrower -(Seal) -Borrower _ (Seal) -Borrower -(Seal) -Borrower [Sign Original Only] MULTISTATE FIXED RATE NOTE-Single Family-Fmmie Mae/Freddie Mar UNIFORM ITEM 16461-3 (0312) (Page 3 of 3 pages) Form 3200 1/01 G realDocs TM To Order Call; 1-800-968.5775 2715016594 Prepared By: Northwest Savings Bank 100 Liberty Street Warren, PA 163,65 Return To: Northwest Savings Bank Attn: Retail Svc Dept 100 Liberty St, PO Box 1793 Warren PA 16365 Parcel Number: 23-32-2336-292 PROPERTY ADDRESS 26 fast Pine Street Mount Holly Springs, PA 17065 ISpace Above This Line For Recording Data) MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other v 3, 11, 13, 18,20 and 21. Certain rules regarding the usage of words used in this in Section 16. (A) "Security Instrument" means this document, which is dated February together with,all Riders to this document. (B) "Borrower" is Matthew A Koser and Jillian E Koser Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Northwest Savings Bank Lender is a Savings Bank and existing under the laws of the Commonwealth of Pennsylvania 100 Liberty Street, Warren, PA 16365 Lender is the mortgagee un (D) "Note" means the promissory note signed by Borrower and dated Februar The Note states that Borrower owes Lender One Hundred Thirty Three Thou Dollars (U.S. $133,000.00 Borrower has promised to pay this debt in regular Periodic Payments and to pay March 01, 2038 (E) "Property" means the property that is described below tinder the headin Property." (F) "Loan means the debt evidenced by the Note, plus interest, any prepaym due under the Note, and all sums due tinder this Security Instrument, plus interest (G) "Riders" means all Riders to this Security Instrument that are executed 1 Riders are to be executed by Borrower [check box as applicable]: ? Adjustable Rate Rider ? Condominium Rider ? Balloon Rider ? Planned Unit Development Rider ? 1-4 Family Rider ? Biweekly Payment Rider PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ITEM 195OL1 (0405) (Page I of 16 pages) EXHIBIT ?i C FHA' Case# are defined in Sections ment are also provided 2008 organized Lender's address is er this Security Instrument. 20, 2008 ;and and no/100 ) plus interest. Ie debt in full not later than "Transfer of Rights in the charges and late charges Borrower. The following ? Second Home Rider ? Other(s) [specify] Form 3039 1101 GreatDoes TM To Order Caft 1.-800-9685775 271'5016594 TRANSFER OF RIGHTS IN THE PROPERTY This Security, Instrument secures to Lender: (i) the repayment of the Loan, and modifications of the Note; and (ii) the performance of Borrower's covenants Security Instrument and the Note. For this purpose, Borrower does hereby me Lender the following described property located in the C [Type of Recc of Cumberland [Name of Recording Jurisdiction] which curfently has the address of 26 East Pine [Street] Mount Holly Springs , Pennsylvania 17065 [City] [Zip Code) 1 renewals, extensions and and agreements under this gage, grant and convey to Linty ng Jurisdiction) ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the roperty, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacem nts and additions shall also he covered by this Security Instrument. All of the foregoing is referred to in thi • 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 covenants with limited variations by jurisdiction to constitute a uniform st property. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT ITEM 19501_3(0405) (Page 3 of 16 pages) al use and non-uniform instrument covering real Form 3039 1101 GreatDocs TM To.Order Calk 1-800-968-5775 2715016594 BY SIGNING BELOW, :Borrower accepts and agrees to the terms and ( 1 through 16 of this Security Instrument and in any Rider execut by Borrower (Seal) Matthevw Koser -Borrower Jilli n E Koser -(Seal) Borrower _ (Seal) -Borrower WItI1e Witness: t r 7 A PENNSYLVANIA-mingle Family-Faunie Mae/Freddie Mae UNIFORM INSTRUMENT ITEM 195OL15 (0405) (Page 15 of 1.6 pages iants contained in pages recorded with it. _ (S eal) Borrower - (Seal) -Borrower _ (Seal) -Borrower Form 3039 1/01 GreatDocsTM To Order Calk 1-800.968-5775 2715016594 State of t'eln n 1) Van i 9 County of Oamber(anJ On this the day of Fe-6 roam ' oP0 , before the undersigned fficer, personally appeared &` % eu) 4, KaSe r -d- d dl i'ah L`. o ser known to me (or satisfactorily proved) to be the person(s) whose name(s) subscribed to the within instrument and acknowledged that m)/ therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My commission expires: After Recording Return To: Northwest Savings Bank 100 Liberty Street Warren, PA 16365 MyC Member, CERTIFICATE OF RESIDENCE I, do hereby certify that the correct address of the within named lender is 100 16365 Witness my hand this ?0 day of re-bro Ci ry m4rs/ M, prl'ctl the same for the purposes 44 l ?F ?Ofi1 -lrlE 4 Title of Office'r EALTH OF PENNSYL`dA? Notarial Seal M. Price, Notary Public Boro, Cumberland County lisslon Expires Aug. 18, 2011 Street, Warren, PA Agent of Lender PENNSYLVANIA Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ITEM 195OL16 (0405) (Page 16 of 16 pages Form 3039 1/01 GreatDoes- To Order Call: 1.800-968-5775 2715016594 Exhibit "A" ALL THAT CERTAIN lot or parcel of land known as Lot No. 9, situate on the south side of Pine ;Street, in the Borough of Mt. Holly Springs, Cumberland County, Pennsylvania, bounded and described as per magnetic bearings of 1946 as follows: BEGINNING at a point on the south side of Pine Street, a corner of land b formerly to Helen 1. Harmon; thence by said Harmon lot, South 10'/4 deg iron pin on the north side of a 25 foot wide alley; thence along the north i 793/4 degrees East, 50 feet to an. iron pin, a corner of Lot No. 10, as survey 1942; thence by said Lot No. 10, North 10'/4 degrees West, 150 feet to a of Pine Street; thence along Pine Street, South 793/4.degrees West, 50 fee BEGINNING. BEING (improved with a 1'/z story frame dwelling house known as and Street, Mt. Holly Springs, Pennsylvania 17065. SUBJECT to the restrictions set forth in Cumberland County Deed B eiongmg now or ees East, 150 feet to an ne of said alley, North ed by F. Wetzel in oint on the south side to the place of bered 26 E. Pine 14-X, Page 143. BEING the same premises which Matthew E. Koser and Jillian E. Rams y, now by marriage, Jillian E. Koser; by Deed dated: February 8, 2008 and intended for record'ng immediately prior hereto in the office of the Recorder of Deeds in and for Cumberland Cou ty, Pennsylvania, granted and conveyed unto Matthew E Koser and Jillian E. Koser, Mortgagors herein. CT 21 NOTICE Date 08+11/2010 TAKE ACT ON TO S)WE YOUR HOME FRO FORECLOSURE This Notice contains important legal information. If you have anyquestions, 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 VIVIENDC EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNATRADUCCION INMEDITAME LLAMANDO ESTAAGENCIA (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 7 HI POT ECA. HOMEOWNER'S NAME(S): Matthew A Koser and Jill E Koser PROPERTY ADDRESS: 26 E Pine Street Mount Holly Springs Pa 17065 LOAN ACCT. NO.: 2715016594 ORIGINAL LENDER: Northwest Savings Bank CURRENT LENDERISERVICER: Northwest Savings Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM )LOU MAY BE ELIGIBLE FOR FINANCIAL SSISTANCE WHICH CAN SAVE YOUR, HOME FROM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTA 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, AN • IF *YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING are DRARY STAY 10F FORECLOSUREiIinUal fromht ecdate of thisnNoltioe?DunngPthat tmeyyol AGENCIES-If you. meet with one of the consumer APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth No Ice see o awing pages or spec) is in orma Ion a out the nature of your default.) If you have tried and ar resolve this problem with the lender you have the right to apply for financial assistance from the Homeowner's Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emerggency Program Application with one of the designated; consumer credit counseling agencies listed at the end of this 1 consumer credit. counseling agencies have applications for the program and they will assist you in submitting application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked withi days of your face-to=face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A C AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA DAYS OF THAT MEETING, THEN THE LENDER WILL 13E TEMPORARILY PREVENTED FROM STARTING A FOI AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSE YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLIC NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS E APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THEIF.ORCLOSURE WILL BE STOPPED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disb Agency-un e[ e e igi i I y cnena established by the Act. The.,Pennsylvania Housing Finance Agency has sixty make a decision after it receives your application. During that time, no foreclosure pproceedinggs will be pursued a! you have met the time requirements set forth above"You will be notified directiy'by the-Pennsylvania Hous Agency; of its decision on your application. JCE ACT D -INANCE e on your ange and ;e. THIS 'LY-=OFD ]l1VL V? ounseling ate of this ne coup :e- o- face Iter in this unable to the to 1 if ?..?..???..? NOTE: IF YOU ARE CURRENTLY PROTECTED BY I tit rILlrvu yr m rr- i i r wix m FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. flf you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) IJ JtKiUUJILT Irv ur-rr+UL i. UUi 0-?c. A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following a now past due: June 2010 - $197.76, July 2010 - $1,174.44, August 2010 - $1,174.44 Principal §_O Escrow 689.38 Interest $ 1.857.26 Late Charges $ 456.39 Other charges (explain/ Itemize TOTAL AMOUNT PAST DUE $3.003.03 B YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): are EXHIBIT D HEMA Rev. 5, page 1 7190 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 $ 3.003.03 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check. certified check or money order made payable and sent'to: Northwest Savings 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. not applicable.) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the ate of this Notice, the lender intends to exercise its riohts 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 n 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 ay 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 incu red, 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 le der, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance a rd all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the.default and revent the .__ ., - - - - - - __..:__ - a. _l ....,..,,..t +k- .,act A n1im anv ...-.,.. _ _ __...__ mortgage. Curing your default in,..the manner set forth in this notice will restore your mortgage to the sam as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs mortgaged property could beheld would be approximately 4 months from the date of this Notice. A notice of the actual d Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer yc may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender Address: Phone Number: Fax Number: Contact Person: Northwest Savings Bank P. O. Box 337, 100 Liberty St Warren, Pa. 16365 11-866-439-5567 1-814-728-7740 Lee Black Tale of the to of the i wait. You EFFECT OF SHERIFF'S SALE-You should realize that.a Sheriffs Sale will end your ownership of the mortgaged property and your fight to occupy it. If you continue to live .In the property after the Sheriffs Sale, a lawsuit to rem ve 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 BORR W 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 OCCURR D, 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 A 14Y OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDE . • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELIN61AGENCIES SERVING YOUR COUNTY ® CREDIT COUNSELING AGENCIES ARE LISTED ON THE ATTACHED PAGE PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE 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 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 or 800-342-2397 " lee ite r 2, and 3: Also complete i li Resins tee Delivery is desired. 10 .r nai _ end address on the reverse co tilt ve car, return the card 1:o you. ill* cwd to the back of the mailpiece, -r t n the front it space permits. -,itk le Addressed to: A. Sig ure , C3` E. Recelued by ( Printed Nartie) CJs 11? cc D. Is delivery address different fn:mriterr 1? If YES, enter delivery address befog. 11 of V.1. - KOZc',EER L L H PINE Service Type ? Certified Mail 0 Express Mail 11OJNT NCCiLLY SPRINGS PA ? Registered ? Return Receipt for Merchandise' 0 Insured Mail 0 C.O.D. nF 4. Restricted Delivery? (Extra Fee) 0 Yes Ettiple Number [] C] Cl 3 5 2 4 3.. 57 6 3 (rrArs-& from >orvice taboo 7009 28a-0 s Fa -n 3811, February 2004 Domestic Returr, Receipt 102595-02-M-1540 Co n Mete items 1, 2 and 3. Also complete itarn 4 if Restarted Delivery Is desired. P di it your nar. re and address on the reverse ,o :r at we can return the card to you. Alt ach this card to the back of the mailpiece or. the front if space permits. =rti ale Addres (mod to. Wi'/ IT -HEVV A KOSER n, : r, A Signa r".h 0 A9eL 17"Ad ctressee _ 13. Received by (Printed N ?e C. _ Deliv ry _ ? 1 10'(-\ Y Gt r t 0 D. Is delivery address different kfrbM ite I:1 Yes / If YES, enter delivery addres E'. I M' I? (da°r j F? E: J I N E ,?T 3. Service Type ? Certified Mail 0 Express. Mail 0=-11LIN'T FXXLY SPRINGS PA 0 Registered ? Return Receipt for Merchandise 0 Insured Mail ? C.O.D. 1A1i.-1 -- - - 4. Restricted Delivery? (Extra'Fee) 0 Yes --------- - Adi ale Number fat>e 7C]09 2820 C1003 5243 977[1 0-7s -7srer rom s91Vico o Fo rn1 3811, February 2004 Domestic Return Receipt t4?595-02-M 1'? -'J ry"I. ` L 'ID r? ? ' y¢ ycr °m ? 'o .t1 EE ?E g Z - m m :.i ? ? o ca m m ? N. 4. o K W :: C m0. W sW m ;?s,r ' ) h EtirS_EO-00 0292 600,,L +,:i E m ? }rf E "S E ;n as E000 0292 600 A CT J 1 [NOTICE DaL-08/11/2010 "TAKE ACTON TO SAVE YOUR HOME FRO FORECLOSURE This is an official notice that the IT aye on your home is in default and the lender intends to foreclose S ecific n orma ion about a na ure o e eau is rov+?ed in ttie a ace pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP may be able to help to save our ho e. is no ice exo ains ow the program wor s. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY W To see if HEMAP can help' ITHIN 33 _ FIIS NOT E- a e +s no ice w+ ou when ou meet with the Counse +n en . The name. address and Phone number of Consumer Credit Counselin A encies servin our Count are listed N' - tthe end al. I - e Pennsylvania ousin finance enc To ?f itrh's?To ice: ou ave an clues rons. ou ma tailf il - ersons wiffi impa+re nearing 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 l bar association may be able to help you find a lawyer. T l te oca attorney in your area. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDC EI VTE O I O y IN CARGOS AL NUMERO MENCIONADO Y) S OUSING FINANCE AGENC AGENCIA (PENNSYLVANIA H LLAMANDO ESTA PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY ARRIBA . MORTGAGE ASSISTANCE-PROGRAM" EL CUAL PUEDE SAI_VAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR U HI POT ECA. HOMEOWNER'S NAME(S): Matthew A Koser and Jill E Koser PROPERTY ADDRESS: 26 E Pine Street Mount Holly Springs Pa 17065 LOAN ACCT. NO.: 2715016594 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 OMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTA OU NCE ACT C IF Y 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, A D • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act you are entitled to a temporary stay of foreclosu mo gage or tfii I,: 11!:, pus ays orm5iIing) from the date of this Notice. During thaftime ou must ar umer credit counseling ,a encies listed at the end of this Not f the re on your ange and ce. THIS - cons attend a face-to- ace" meeting with one o IF YOU DO NOT A XT "THIRTY THREE" 33 DAYS E UR, PLY . NE MEETING MUST OCCUR WITHINITH NSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit c C ounseling O agencies is ec ROT a e en o +s na ice, a en er may take action against you for thirty (30) days after the addresses and tele hone numbers of designated consumer credit counseling agencies for s am Th ate of this he coun e . e n meeting in which e rape is oca a are se o a the en o is Notice. is only necessary o sc e u e one ce- o- ace meeting. vise your en er irTlineedia e y o your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth I rma ion a out the nature of your default.) If you have tried and are c c in ter in this unable to o No Ice see o owrng pages or spe resolve this problem with the lender you have the right to apply forflnancal assistance from the Homeowner's sign and file a completed Homeowner's Emergency ou must fill out d T m merIency ssis ante ' , o so, y o . Mortgage Assistance Progra Program Application with one of the designated consumer credit counseling agencies listed at the end of this N counseling agencies have applications for the program and they will assist you in submitting consumer credit tire. Only complete 30 hi . lication to the Pennsylvania Housing Finance Agency. Your application MUST be filed orpostmarked within ap ) rty ( t p days of your face-to-face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A C THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA AYS OF N 3 UNSELING ITHIN 30 . 3 D AGENCY WITHI DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FOR IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSU VE D AB P CLOSURE E.^ , O LAINE AGAINST YOUR PROPERTY, AS EX YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLIC BUT IF YOUR APPLICATION IS E T TION WILL ENTUALLY ION, THE LENDER FROM STARTING A FORECLOSURE AC T OVE R D AT ANY TIME BEFORE A SHERIFF'S SALE, THE,F.ORCLOSURE WILL BE STOPPED.. APPROVED AGENCY ACTION-Available funds for emergency mortgagge assistance are very limited. They will be disbu lvania Housing Finance Agency has sixty ( Penns The' Act th b sed by the 60) days to y . . e y Agency un er e e +g+ + i y cn ena established make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued ag bove. You will be notified directly by the Pennsylvania Housi f th ainst you if g Finance a or you have met the time requirements set Agency of its decision on your application. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,1? TE IRE : NO FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOTI BE COLLECT THE V O T 1 AN A # CONSIDERED AS me 1 - 1 ; . for E Mortoade Assistance.) r r .-- ...--- ---- ---- (IT YOU nave 111VU AJII-Mwy r..".. 12 .,...... ME X HOW TO CURE YOUR MORTGAGE DEFAULT Brin it u to date. RE F T e r e y e a ove lender on your property located at: 26 me tree ounf o y prings a IS SERIOUSLY IN DEFAULT because: A. YOU HAVE, NOT MADE `MONTHLY MORTGAGE PAYMENTS for the following months and the following am unts are now past due: June 2010 -$197.76, July 2010 - $1,174.44, August 2010 - $1,174.44 E.EEXI Principal §0 Escrow 689.3Interest $ 1,857.2Late Charges $ 456.39 Other charges (explain/it`eemize): TOTAL AMOUNT PAST DUE $3 003.03 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HEMA Rev. 5, Page 17199 IT HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE YOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 3,003.03 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either b cashier's check. certified check or money order made payable and se_et'to: Northwest Savings Bank P.O. Box 337. 100 Liberty St. Warren, Pa. 16365 You can cure an,y other default by taking the following action within THIRTY (30) DAYS of the date of this letter. not applicable.) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire o tstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage i 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 ay off the mortgage debt. If the lender refers your case to its attorneys; but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable' costs. If you cure the default within the THIRTY 30 DAY eriod you ill: 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. :HE DEFAULT PRIOR TO SHERIFF'S SALE-if you have not cured the default (within the I THIRTY (30) DAY period and foreclosure proceedings have VVIII WC L=u.- I I- u .i ..... .... ....-_...__ ----. _ - mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the sam pos 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 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. HOW TO CONTACT 1 Name of Lender: Address: Phone Number: Fax Nurnber: Contact Person: 'HE LENDER: Northwest Savings Bank P.O. Box 337, 100 Liberty St Warren, Pa. 16365 11-866-439-5567 1-814-728-7740 Lee Black EFFECT OF SHERIFF'S SALE-You should realize.that_a Sheriffs Sale will end your ownership of the property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to rem( 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 tc transferee 'who will assume the mortgage debt, provided that all the outstanding payments, charges and attorne,, 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 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 OCCUF CURE THE DEFAULT. (HOWEVER,' YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE TIMES IN A14Y CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LEN • 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 you and a buyer or s fees and MONEY IF YOU THREE OTHER PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE P 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 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 or 800-342-2397 Cgrpplce ferns 1, 2, and 3. Also complete stern 4 If Resrn tee Delivery is desired. Pont your narne and address on the reverse so that we car return the card io you. Attach this card to the back of --ho mailplece, or on the front i apace permits,. Article Addressed 57: ILL E KOIS E :R A Sig ure 4 B. Rece ed by (Printed Nam C. Is delivery address different If YES, enter delivery addri C of D i? CI Cl ?L 6 E PINE. '13-T f Service Type 0 Certified Mail ? Express Mall A O U N T F l (") L LY SPRINGS PA O Registered ? Return Receipt for Merchandise 0 Insured Mail E3 C.O.D. Restricted Delivery? (Extra Fee) 1:1 Yes (rnsuom 7009 28x0 0EE3 5243.9763 (1'nansfefBf fRJ7I7 51311;'CB fabBll For -13811 February 2004 ? Domestic Return Receipt ' 1 0r1595-024-15410 Complete sterns 1, 2, and 3. Also complete - k Signet - C1 Ag'ORt i item 4 if Restricted Delivery Is desired. . - ?'Addresee r Print your narne and address on the reverse so that we can return the card to you. B. Received by (Printed Narr?Bf C. ?eiivory Attach this card to the back of the mailplece; 11i ,/ 5k ' or on the frcr E if space permits. - - D. Is delivery address different'fnifst ate, -1 j ? Yes Article Addressed to: If YES, enter delivery address .6Q10W,. ?, NO" ;f MAT i-HE.W A KOSER 26EPINE ST 3. Service Type f CI Certified Mail 11 Express Mail dI O U PJ T I I O L LY SPRINGS PA 0 Registered 0 Return Receipt for Merchandise ? insured Mail ? C.O.D, 7n R5 4. Restricted Delivery? (Extra 'Yes i Article Number 7009 282E I]E03 5243 977E (Transfer from service label) _ - -- 3 Form 3811, February 2004 Domestic Return Receipt 102595-02-N(0¢ 4 I oV f 3 f ? ,a r ; I ? y? z¢ ¢m ?m m .fi 2g n r E ?E FLU O Sl EO.00 0 292 60U. h 1 2 ya ? U ? ? ? ? O. ? }G N N r? 0 = a o m. 0 I E9?.6 Eh23 EOOO 0292 6001 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff'PE PROTHONOTARY Jody S Smith Chief Deputy DEC 13 IAN: a Richard W Stewart CU jRLAND COUNTY Solicitor NNSYLVANIA Northwest Savings Bank Case Number vs. 2010-7055 Matthew A. Koser (et al.) SHERIFF'S RETURN OF SERVICE 12/03/2010 08:26 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 3, 2010 at 2026 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Matthew A. Koser, by making known unto himself personally, at 26 E. Pine Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 12/03/2010 08:26 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 3, 2010 at 2026 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jillian E. Koser, by making known unto Matthew A. Koser, Husband of defendant at 26 E. Pine Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $57.04 December 08, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF :poi CourjtySu;te Sheriff, -I eieosoft, Inc. NORTHWEST SAVINGS BANK, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MATTHEW A. KOSER and JILLIAN E. KOSER, ; Defendants NO.2010-7055 c) o TO: Matthew A. Koser 26 East Pine Street Mount Holly Springs, PA 17065 - s C) ---4 Q -.-, -n C] -r 1 Date of Notice: January 4, 2011 - . --- ? ° Ct ! -- c-? O r ? . F i E%IPORTANT NOTICE C7 --e YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 MARSH SPAEDER BAUR SPAEDER & SCHAAF, LLP By Ku L. Sun e A omeys f laintiff 300 State Street, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 NORTHWEST SAVINGS BANK, Plaintiff V. MATTHEW A. KOSER and JILLIAN E. KOSER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO.2010-7055 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Important Notice was mailed by first class mail, postage prepaid, or hand delivered this 4th day of January, 2011, to all counsel of record and unrepresented parties in the above-captioned matter as follows: Matthew A. Koser 26 East Pine Street Mount Holly Springs, PA 17065 MARSH SPAEDER BAUR SPAEDER & SCHAAF, LLP By Kurt . Sundbe g 300 tate Stre , uite 300 Erie, Pennsylvania 16507 (814) 456-5301 NORTHWEST SAVINGS BANK, Plaintiff V. MATTHEW A. KOSER and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JILLIAN E. KOSER, Defendants NO.2010-7055 ¦_< >! SSA ??? AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2(c)(2) CD r .-I rn I, Kurt L. Sundberg, Esq., hereby verify as required by Rule 3129.2(c 23O) t* Pennsylvania Rules of Civil Procedure, that the written Notice of Sheriff Sale of Real Property attached hereto as Exhibit "A," the written Notice of Sheriff Sale attached hereto as Exhibit B" and the Affidavit Pursuant to Rule 3129.1 attached hereto as Exhibit "C" filed in the above-captioned matter were served on March 18, 2011: (a) Upon the defendant in the judgment and/or owners of the property who have not entered an appearance by mailing the same to them by Certified Mail, Return Receipt Requested, and was received by each defendant/owner on N/A-Unclaimed, as evidenced by the certified mail receipts and domestic return receipts attached hereto, incorporated herein by reference and marked Exhibit "D"; and (b) Upon each other person/entity named in the Affidavit Pursuant to Rule 3129.1 by ordinary mail, with a U.S. Postal Service Form 3817 Certificate of Mailing, as evidenced by the Certificates of Mailing attached hereto, incorporated herein by reference, and marked Exhibit "E" Sworn to and subscribed before me this day of April, 2011. Kurt . S dberg, Esq. COM11100NMALTH OF PENNBYLVANNA NOTARIAL SEAL issa L. Michaelson, Notery Piblic Public City of Erie, Erie County My Commission Expires April 19,2M3 144?1A1i.i'i ?GV'?"."' „' y7a?'' ?Wv?t,MM1Ci 1 x. ? ?'' r?'" y ? .; y r e NORTHWEST SAVINGS BANK, Plaintiff V. MATTHEW A. KOSER and JILLIAN E. KOSER, Defendants Matthew A. Koser 26 East Pine Street Mount Holly Springs, PA 17065 NOTICE OF SHERIFF SALE OF REAL PROPERTY TO: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.2010-7055 Jillian E. Koser 26 East Pine Street Mount Holly Springs, PA 17065 Your house and lot (real estate) at 26 East Pine Street, Mount Holly Springs, Pennsylvania, is scheduled to be sold at Sheriff Sale on June 1, 2011, at 10:00 a.m. prevailing time at the Sheriffs Office, Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the Court judgment obtained by Northwest Savings Bank against you. NOTICE OF OWNER'S RIGHTS You may be able to prevent this Sheriff Sale. To prevent this Sheriff' Sale, you must take immediate action: 1. The sale will be canceled if you pay the amount of back payments, late charges, court costs and reasonable attorney fees. To find out how much you must pay, you may call Northwest Savings Bank, 100 Liberty Street, Warren, Pennsylvania 16365, telephone (814) 877- 300-5773. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. postpone the sale for good cause. You may also ask the Court to EXHIBIT A 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the better chance you will have of stopping the sale. You may still be able to save your property and you have other rights even if the Sheriffs Sale does take place. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling the Sheriffs Office, Cumberland County Court House, (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriffs Office, Cumberland County Court House, (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house and real estate. A schedule of distribution of the money bid for your house and real estate will be filed by the Sheriff of Cumberland County on a date specified by the sheriff not later than thirty (30) days after the sale and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten days (10) after the filing of the schedule. 2 7. You may also have other rights and defenses, or ways of getting your house back if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 MARSH SPAEDER BAUR SPAEDER & SCHAAF, LLP By L. S erg Attorne or Plaintiff 300 State Street, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 Dated: 3 NORTHWEST SAVINGS BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA V. MATTHEW A. KOSER and JILLIAN E. KOSER, : CIVIL ACTION - LAW Defendants : NO.2010-7055 DESCRIPTION OF PROPERTY ALL THAT CERTAIN lot or parcel of land known as Lot No.9, situate on the south side of Pine Street, in the Borough of Mount. Holly Springs, Cumberland County, Pennsylvania, bounded and described as per magnetic bearings of 1946 as follows: BEGINNING at a point on the south side of Pine Street, a corner of land belonging now or formerly to Helen I. Harmon; thence by said Harmon lot, South 10 and 1/4 degrees East, 150 feet to an iron pin on the north side of a 25 foot wide alley; thence along the north line of said alley, North 79 and 3/4 degrees East, 50 feet to an iron pin, a comer of Lot No. 10, as surveyed by F. Wetzel in 1942; thence by said Lot No. 10, North 10 and 1/4 degrees West, 150 feet to a point on the south side of Pine Street; thence along Pine Street, South 79 and 3/4 degrees West, 50 feet to the place of beginning. Being commonly known as 26 East Pine Street, Mount Holly Springs, Pennsylvania and being further identified by Cumberland County Tax Assessment Index No. 23-32-2336-292. Being the same property conveyed to Matthew A. Koser and Jillian E. Koser, by Deed dated February 20, 2008 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania as Instrument No. 200805391. MARSH SPAEDER BAUR SPAEDER & SCHAAF, LLP By Kurt /Sund g Atto eys for Plaintiff 300 State Street, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 EXHIBIT "A" NORTHWEST SAVINGS BANK, Plaintiff V. MATTHEW A. KOSER and JILLIAN E. KOSER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO.2010-705 5 NOTICE OF SHERIFF SALE TO DEFENDANTS, OWNERS, LIENHOLDERS AND PERSONS HAVING AN INTEREST IN THE PROPERTY PURSUANT TO RULE 3129.2 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE TO: Defendants, Owners, Lienholders and Persons Having an Interest in the Property: PLEASE TAKE NOTICE that by virtue of Writ of Execution issued by the Court of Common Pleas of Cumberland County, Pennsylvania, on judgment entered in the above-titled case in favor of Northwest Savings Bank, all that certain parcel of land and building(s) and/or improvement(s) thereon in the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania, commonly known as 26 East Pine Street, Mount Holly Springs, Pennsylvania, and bearing Cumberland County Tax Assessment Index No. 23-32-2336-292 and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, will be sold by the Sheriff of Cumberland County, at the Cumberland County Court House, One Courthouse Square, Carlisle, Pa 17013, on June 1, 2011, at 10:00 a.m. prevailing time. The names of the owners of said property are: Matthew A. Koser and Jillian E. Koser. All parties in interest, including yourself and claimant, are further notified that a schedule of distribution will be on file in the Cumberland County Sheriffs Office on a date specified by the Sheriff not later than thirty (30) days after the date of sale of said property and that distribution of the proceeds will be made in accordance with the scheduled distribution, unless exceptions are filed with the Sheriffs Office within ten (10) days after said filing. EXHIBIT B is not paid immediately after the property is struck off, it will be put up again and sold and the purchaser held responsible for any loss, and in no case will a deed be delivered until the money is paid. You and each of you have until one (1) hour before the commencement of bidding at the Sheriffs sale to pay all of the current indebtedness, costs and reasonable fees if you wish to stop the Sheriffs sale of this property, otherwise, the same shall proceed in accordance with law. You may petition the Court at any time prior to Sheriff Sale to stay this sale. MARSH SPAEDER BAUR SPAEDER & SCHAAF, LLP By / ,/Kurt dberg Atto eys for Plaintiff 300 State Street, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 Dated: ?f i 2 NORTHWEST SAVINGS BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW A. KOSER and JILLIAN E. KOSER, : CIVIL ACTION - LAW Defendants : NO.2010-7055 DESCRIPTION OF PROPERTY ALL THAT CERTAIN lot or parcel of land known as Lot No.9, situate on the south side of Pine Street, in the Borough of Mount. Holly Springs, Cumberland County, Pennsylvania, bounded and described as per magnetic bearings of 1946 as follows: BEGINNING at a point on the south side of Pine Street, a comer of land belonging now or formerly to Helen I. Harmon; thence by said Harmon lot, South 10 and 1/4 degrees East, 150 feet to an iron pin on the north side of a 25 foot wide alley; thence along the north line of said alley, North 79 and 3/4 degrees East, 50 feet to an iron pin, a comer of Lot No. 10, as surveyed by F. Wetzel in 1942; thence by said Lot No. 10, North 10 and 1/4 degrees West, 150 feet to a point on the south side of Pine Street; thence along Pine Street, South 79 and 3/4 degrees West, 50 feet to the place of beginning. Being commonly known as 26 East Pine Street, Mount Holly Springs, Pennsylvania and being further identified by Cumberland County Tax Assessment Index No. 23-32-2336-292. Being the same property conveyed to Matthew A. Koser and Jillian E. Koser, by Deed dated February 20, 2008 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania as Instrument No. 200805391. MARSH SPAEDER BAUR SPAEDER & SCHAAF, LLP By Kurt L. dbe Attome s for Plaintiff 300 State Street, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 EXHIMIT "A" NORTHWEST SAVINGS BANK, Plaintiff V. MATTHEW A. KOSER and JILLIAN E. KOSER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.2010-7055 AFFIDAVIT PURSUANT TO RULE 3129.1 Northwest Savings Bank, plaintiff in the above action, by its undersigned attorney-in-fact, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property described in Exhibit "A" and attached hereto: 1. Name and address of owner(s) or reputed owner(s): Matthew A. Koser Jillian E. Koser 26 East Pine Street 26 East Pine Street Mount Holly Springs, PA 17065 Mount Holly Springs, PA 17065 2. Name and address of defendant in the judgment: Matthew A. Koser Jillian E. Koser 26 East Pine Street 26 East Pine Street Mount Holly Springs, PA 17065 Mount Holly Springs, PA 17065 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None. 4. Name and address of the last recorded holder of every mortgage of record: Northwest Savings Bank (Plaintiff) 100 Liberty Street Warren, PA 16365 Instrument No. 200805392 EXHIBIT C 5. Name and address of every other person who has any record lien on their property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Court House One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations Office 13 N. Hanover Street P.O. Box 320 Carlisle, PA 17013 PA Dept. of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 Harrisburg, PA 17105 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Financial Operations TPL Section - Casualty Unit P.O. Box 8486 Harrisburg, PA 17105 PA Department of Revenue Bureau of Compliance Lien Section P.O. Box 280948 Harrisburg, PA 17128 2 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: /'? l / NORTHWEST SAVINGS BANK By K L. S berg, Esq. orn -Fact 00 State Street, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 3 NORTHWEST SAVINGS BANK, Plaintiff V. MATTHEW A. KOSER and JILLIAN E. KOSER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Defendants : NO.2010-7055 DESCRIPTION OF PROPERTY ALL THAT CERTAIN lot or parcel of land known as Lot No.9, situate on the south side of Pine Street, in the Borough of Mount. Holly Springs, Cumberland County, Pennsylvania, bounded and described as per magnetic bearings of 1946 as follows: BEGINNING at a point on the south side of Pine Street, a corner of land belonging now or formerly to Helen I. Harmon; thence by said Harmon lot, South 10 and 1/4 degrees East, 150 feet to an iron pin on the north side of a 25 foot wide alley; thence along the north line of said alley, North 79 and 3A degrees East, 50 feet to an iron pin, a comer of Lot No. 10, as surveyed by F. Wetzel in 1942; thence by said Lot No. 10, North 10 and 1/4 degrees West, 150 feet to a point on the south side of Pine Street; thence along Pine Street, South 79 and 3/4 degrees West, 50 feet to the place of beginning. Being commonly known as 26 East Pine Street, Mount Holly Springs, Pennsylvania and being further identified by Cumberland County Tax Assessment Index No. 23-32-2336-292. Being the same property conveyed to Matthew A. Koser and Jillian E. Koser, by Deed dated February 20, 2008 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania as Instrument No. 200805391. MARSH SPAEDER BAUR SPAEDER & SCHAAF, LLP By Kurt. Sund?;d Atteys for laintiff 300 State Street, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 EXMIT "A" 117 __(Doipestic Mail Only; ?o insurance Coverage Provided) -D CO (Domestic Maii Only; No Insur ance Coverage Provided) i rD - For delivery information visit our w ebsite at www usps corn Q^ 0 - I . . ,, S it F: - - C3 Postage: $ C3 Postage $ Certified Fee C3 Caddied Fee C3 C3 Return Receipt Fee Postmar< H C3 Return Receipt Fee E d Postmark Here O (Endorsement Required) ere O ( n orsement Required) Restricted Delivery Fee - - -- Restricted Delive ry Fee C3 (Endorsement Required) r3 (Endorsement Required) f1J I'Ll rU Total Postage & Fees t i rU Total Postage & Fees L/O IVA C3 Sent To : - Matthew A. Koser C3 Sent To Jillian E. Koser 0 ----------°-_------------------- --------- - S`treeF,ApCNo.; or No. 26 East Pine Street - - Street Apt. No.; orPOBoxm. 26 East Pine - ----------- ------------ Street : - - - a- ,. y, --- --,°z--tP+a-------------------------°----------`-------------°°-----•------------ city state City, Mount Holly Springs, PA 17065 PS F :3800 A C/ty, State. ZIP+4 Mount Holly -\ ------ Springs, PA 17065 orm . ugist . EXHIBIT D W LO ¢ oor? V) ¢- H C =3'M 3 , ^ aw -o v)a¢?ccz¢ Woo W ? ?? fD _ n N V a`a o k1 Y ti F 4 ?•? co cr (lJ ru 0 o -----? o 0 C3 O ni ru -? O Q.. O hm a y d L h ? .. o W a ? ? W a OID O m ? ? "} C)iJ?3 ZCOW Y ??= UpY m? c ? i Z [3 OF- p^ Q -p -d C fn ? ? ': ¢a)a)Or vCc: ED-Z0 o E C-/3) C=/), ?Q szz0 Roo?o? w w wda w xw "d N ? OD 04 C?i)WV N )0 Qn r v LO M ? Z ^ ^ O O M aa. F W W < UI W ?. w •ao z -?; -. n' © UJ -0 T N co vi?o[ ¢ ¢ o = W a If) W V •i an o N O 4 Qr-l W N p? ?? E3 ? C O C ??' ?.= C3 ??.. p -- C3 o a. M F'Li 0 o O C v r- CD 0 Y :r C U?Y_ ??ct. Cl) U) O °a a)?? 0 z-0 a) 2 a . d E C,. - ... = VJ O 0 W J .. IL E U U y v N 4--(A(Dz W.. cv?ooo ?aszz0 ?n ???C1 w W w3 W QOD c/) W VJ 0 g O Y LO Z 6 O c m d F F W < N W L U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Kurt L. Sundberg, Esquire 300 State Street, Suite 300 Erie, PA 16507 One piece of ordinary mail addressed to: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 PS Form 3817, January 2001 o C C !y N 'lit n? m a+ c°wccnnmz-0 40- _- SON , 7y 1 -:' M -i n x c) M U.S. POSTAL SERVICE CERTIFICATE OF MAILIN(i MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Kurt L. Sundberg, Esquire I.i. " 300 State Street, Suite 300 Erie, PA 16507 One piece of ordinary mail addressed to: Commonwealth of Pennsylvania Department of Public Welfare ureau o Financial Operations TPL Section -"Casualty Unit P.O. Box 8486 Harrisburg, PA 17105 P~ O N O O ? p MM c 3 c -M-0- 0 H_FA o z- o- o0 t V , Ln D cn C) m PS Form 3817, Mar. 1989 GPO : 1993 O - 151-0`. IS d if it U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Kurt L. Sundberg, Esquire 300 State Street, Suite 300 Erie, PA 16507 One piece of ordinary mail addressed to: PA Department of Revenue u Compliance Lien Section P.O. Box 280948 Harrisburg, PA 17128 PS Form 3817, January 2001 ac O Dr C3 A P cv n p C f D V1?? 3M.--M-D. V• GdoC r)-3> ?Ln D -+ it a C) M EXHIBIT E U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Kurt L. Sundberg, Esquire 300 State Street, Suite 300 Erie, PA 16507 One piece of ordinary mail addressed to: Cumberland County Domestic Relations 13 N. Hanover Street P.O. BOX 320 Carlisle, PA 17013 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICA I L Ur m1.1t-11-" MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT onnutnFFOR INSURANCE-POSTMASTER Received From: Kurt L. Sundberg, Esquire 300 State Street, Suite 300 Erie. PA 16507 8M? C r yC O M ? D C 0 O xz m cn N Z. -- Do JF....? Z. p°N OU 3) -i Ln M M 0 8c t h ? b One plece of ordinary mailaddressed to 0 3 C >3> M 3 X) PA De artment of Public Welfare ? 0 orlm I Bureau of Child Support Enforcement ,LTI M M 0 M Health and Welfare Building, Room 432 Harrisburg, PA 17105 GPO : 1993 O - 1SL-u?i PS Form 3817, Mar. 1989 _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, Plaintiff CASE NO. 2010-7055 CIVIL DIVISION V. MATTHEW A. KOSER and JILLIAN E. KOSER, Defendants TYPE OF PLEADING: MOTION FOR SERVICE OF NOTICE OF SHERIFF SALE PURSUANT TO SPECIAL ORDER OF COURT FILED ON BEHALF OF: Plaintiff Northwest Savings Bank COUNSEL OF RECORD FOR THIS PARTY: Kurt L. Sundberg, Esq. Marsh Spaeder Baur Spaeder & Schaaf, LLP 300 State Street, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 C°'} c- rv Cr M -o rn ., C7 G -`w 1 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, Plaintiff CIVIL ACTION - LAW V. MATTHEW A. KOSER and JILLIAN E. KOSER, NO. 2010-7055 Defendants MOTION FOR SERVICE OF NOTICE OF SHERIFF SALE PURSUANT TO SPECIAL ORDER OF COURT AND NOW, comes the plaintiff, NORTHWEST SAVINGS BANK, by and through its attorneys, Marsh Spaeder Baur Spaeder & Schaaf, LLP, and files the within Motion for Service of Notice of Sheriff Sale Pursuant to Special Order of Court and pursuant to Rules 430(a) and 410(c) of the Pennsylvania Rules of Civil Procedure and sets forth as follows: 1. The defendants, Matthew A. Koser and Jillian E. Koser are adult individuals and the owners of all that certain piece or parcel of land situate in the Borough of Mount Holly Springs, County of Cumberland and Commonwealth of Pennsylvania, commonly known as 26 E. Pine Street, Mount Holly Springs, Pennsylvania and bearing Tax Assessment Index No. 23-32- 2336-292 (hereinafter referred to as the "Property"). 2. The plaintiff instituted a Complaint in Mortgage Foreclosure against the defendants with regard to the Property on or about November 5, 2010. 3. The Complaint in Mortgage Foreclosure was served on the defendants on December 3, 2010. 4. Judgment was entered and a Writ of Execution was issued on or about January 22, 2011, scheduling the Property for Sheriff Sale on June 1, 2011. 5. Rule 3129.2(a) requires that Notice of the Sheriff Sale of Real Property shall be given by: (a) Handbills posted by the Sheriff in the Sheriffs Office and on the Property pursuant to Rule 3129.2(b); (b) By written notice prepared by the plaintiff and served in the manner set forth in Rule 3129.2(c)(1) on all persons whose names and addresses are set forth in the Affidavit required by Rule 3129.1; and (c) By publication as provided by Rule 3129.2(d). See, Pa.R.C.P. No. 3129.2(a), 42 Pa.C.S.A. 6. Pursuant to Rule 3129.2(b), the Sheriff shall post the handbills in the Sheriffs office and upon the Property in question. 7. Pursuant to Rule 3129.2(d), the Notice of Sheriff Sale shall be published by the Sheriff once a week for three successive weeks in a newspaper of general circulation in the county and in the legal publication designated by Rule of Court for publication of notices. 8. Rule 3129.2(c) provides that the Notice of Sheriff Sale prepared by the plaintiff shall be served by the plaintiff on all persons whose names and addresses are set forth in the Affidavit required by 3129.1, which service shall be by the Sheriff or by competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant (hand delivery), or by the Plaintiff mailing a copy in the manner prescribed by Rule 403 (certified mail return receipt). 9. Service of the Notice of Sheriff Sale cannot be made pursuant to Rule 402 (i.e., hand delivery) because attempts by the Sheriff have been unsuccessful. See, Exhibit "A". 2 10. Attempts to serve the defendants in the manner prescribed by Rule 403 have been unsuccessful, as the certified mail has been returned to the plaintiff with a notation by the postal authorities that it was unclaimed. See, Exhibit "B". 11. Rule 3129.2(c)(1)(C) provides that if service cannot be made as provided, Notice of the Sheriff Sale shall be served pursuant to Special Order of Court as prescribed by Rule 430, except that if original process was served pursuant to a Special Order of Court under Rule 430 upon the defendants, the Notice of Sheriff Sale may be served upon the defendants in the manner provided by the Order for Service of original process without further application to the Court. 12. As indicated above, service of the Complaint in Mortgage Foreclosure was made upon the defendants by the Sheriff on December 3, 2010. 13. In conformance with Rule 3129.2(c)(1)(C) and Rule 430, the defendants are already being served with handbills and Notice of the Sheriff Sale by the following methods of service: (a) posting by the Sheriff, as provided by Rule 3129.2(b), (b) certified mail return receipt requested to the defendants' last known address as provided by Rule 3129.2(c)(1)(B) and Rule 403, (c) publication as provided by Rule 3129.2(d) and Rule 430(b). 14. Attached hereto, incorporated herein by reference and marked Exhibit "C" is the Affidavit of Kurt L. Sundberg, Esq., stating the nature and extent of the investigation that has been made to determine the whereabouts of the defendants. 15. Despite good faith efforts to serve the defendants personally, the attempts have been unsuccessful because defendants continue to avoid service. WHEREFORE, the plaintiff respectfully requests that this Honorable Court enter a Special Order of Court directing that service of the Notice of Sheriff Sale upon the defendants shall be sufficient service if done in the following manner: 3 (a) By posting in the Sheriffs office and on the front door of the Property, the front door being the most public part of the Property, in the manner provided by Rule 3129.2(b); (b) By mailing to the defendants at their last known address by ordinary mail with a U.S. Postal Service Form 3817 Certificate of Mailing; (c) By advertising notice of the Sheriff sale in the Cumberland County Legal Journal in the manner provided by Rule 3129.2(d); and (d) By advertising notice of the Sheriff sale in a newspaper of general circulation within Cumberland County, in the manner provided by Rule 3129.2(d). Respectfully submitted, MARSH SPAEDER BAUR SPAEDER & SCHAAF, LLP B Y _ urt L. S d rg Attorneys 16/r Plaintiff 300 State Street, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 4 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor c = - -F ....w r Northwest Savings Bank vs. Case Number Matthew A. Koser (et al.) 2010-7055 SHERIFF'S RETURN OF SERVICE 03/11/2011 03:28 PM - Deputy Tim Black, 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 26 Cast Pine Street, Mount Hoily Springs, PA 17065, Cumberland County. 03/29/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Matthew A. Koser, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 26 E. Pine Street, Mount Holly Springs, PA 17065, defendant is not residing at above address, did not leave a forwarding with the Post Office. 03/29/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Jillian E. Koser, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 26 E. Pine Street, Mount Holly Springs, PA 17065, defendant is not residing at above address, did not leave a forwarding with the Post Office. SHERIFF COST: $908.94 March 29, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF EXHIBIT fr Ccu,?fVS!iile Sh2nif. Tea eon?tl. Ins; A A tpo N C*• ONO (2(21% K y ? CD O Cn ? ? R •? ?• A ?Q H ONO 4 9 m m r a A C 3 y m m n aA O > z m is _ m p O O e cn C/) z yy ILI m i n tr7 C17 m r d d m = 7? 7y m f El0011 OZZ5 DC 000c(D 0 i c oc?-35 •n n ?.? 3 7d S :7 CD CD CD (n?Q > 3 O --h v.cs ID aZ p s1 U) (n M?o fmn < W ° c _ m }d z ° rU ru ° C ° 0 ° -- O ru L.J -a an = 0' O C D T O N M O Y O ? y N ? Cl1 0 3D• ? ? oT w / N Z. CD-Uo?o C O D En m m cn > A C 3 m fq O o D 8 > z Ul O O q O K Q° Oy C/? A y a a?? 9? pp fn CO r Y? ds o in = f ? q 0C)0001% 0 z z DC O o O cn = ::3 ZCo U) C: (D n 3 v ??=•m'? M z ., co 0Co 3.aQ> vFDQZ r? _.CD Qo Or ?? ? °?c;? o o m O Cf) i cn c? c c 3 cr ?O 7 ° ° a ru ?D ru p' y ° ?- A ° ° "C y ° •? eD ° y ru b ? Cp ? I ? C C T IbI?? O Y O ' y ? N m J N c O? D:D rTml y O 0 0- rnma' co coocn..,? `) --I V _ ? D o m cr, EXHIBIT B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, Plaintiff : CIVIL ACTION - LAW V. MATTHEW A. KOSER and JILLIAN E. KOSER, NO. 2010-7055 Defendants AFFIDAVIT PURSUANT TO RULE 430(a) OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF ERIE I, Kurt L. Sundberg, Esq., of Marsh Spaeder Baur Spaeder & Schaaf, LLP, attorneys for the plaintiff, Northwest Savings Bank, do depose and say that: 1. Efforts by the Sheriff's Office of Cumberland County, Pennsylvania and the Plaintiff to serve the Notice of Sheriff Sale in the above-captioned matter on the defendants have been unsuccessful, as it is believed that the defendants have refused and failed to claim their certified mail and have avoided personal service. 2. This office has made a good faith effort to locate the defendants, including inquiries of telephone directories, voter registration records and local tax records. This office has also conducted computer Internet searches, including searches of Lexis Nexis Public Records, Google Search, Yahoo People Search, SuperPages.com telephone book search and Reunion.com. and the searches have verified the residence for the defendants as 26 East Pine Street, Mount Holly Springs, PA 17065. EXHIBIT c Despite good faith efforts to serve the defendants, the defendants refuse to claim certified mail and continue to avoid personal service and, therefore, personal service of the Notice of Sheriff Sale in the above-captioned matter cannot be made. l i Kurt Sundberg Sworn to and subscribed before me this day of April, 2011. Notary Public NO RAT WL L ELV" C. surer, Jr., ?y pubic Erie, Eno Co". p?err ftft MyCMVr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, Plaintiff V. CIVIL ACTION - LAW MATTHEW A. KOSER and JILLIAN E. KOSER, NO. 2010-7055 Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Motion for Service Pursuant to Special Order of Court was mailed by first class mail, postage prepaid, or hand delivered to raqv Court House box this / day of April, 2011, to all counsel of record and unrepresented parties in the above-captioned matter as follows: Matthew A. Koser Jillian E. Koser 26 E. Pine Street Mount Holly Springs, PA 17065 MARSH SPAEDER BAUR SPAEDER & SCHAAF, LLP By 3W State SlwA, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 5 IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY, PENNSYLVANIA 4 , NORTHWEST SAVINGS BANK, mM Plaintiff ,. , c CIVIL ACTION - LAW f ? V. ' c-) -z C? CO MATTHEW A. KOSER and NO. 2010-7055 JILLIAN E. KOSER, Defendants ORDER 4 AND NOW, this /T day of 1?`( 2011, upon consideration of plaintiff's Motion for Service of Notice of Sheriff Sale Pursuant to Special Order of Court, it is hereby ORDERED that pursuant to Rules 3129.2(c)(1)(C) of the Pennsylvania Rules of Civil Procedure, service upon the defendants in the above-captioned matter shall be sufficient if made in the following manner: 1. By posting handbills in the Sheriffs office and on the front door of the Property in question, being 26 East Pine Street, Mount Holly Springs, Pennsylvania, the front door being the most public part of said Property, in the manner provided by Rule 3129.2(b); 2. By mailing Notice of Sheriff Sale to the defendants at their last known address by ordinary mail with a U.S. Postal Service Form 3817 Certificate of Mailing; 3. By advertising notice of the Sheriff sale in the Cumberland County Legal Journal in the manner provided by Rule 3129.2(d); and 4. By advertising notice of the Sheriff sale in a newspaper of general circulation within Cumberland County, in the manner provided by Rule 3129(d). BY T OU ? J. Kwr+ L . Sundbe q' 00 tq t1 V /01g