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HomeMy WebLinkAbout10-7762~ • Donald L. Kornfield, Esq. Kornfield and Benohoff, LLP 17 North Church Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 don@kornfield.net Atty. I.D. #19242 THE FIRST NATIONAL BANK OF MERCERSBURG Plaintiff vs. ANDREW C. MADEIRA and ANN E. MADEIRA Defendants OF Tl~F ~ 0 HQNp j ARY ?010 t~4 r ! 7 P;~1 Z: ~ 1 CUP1S~r~~ M~~p CQ~,+NTY pE~~~~~ Yl.VA,NI q IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY BRANCH CIVIL ACTION -LAW NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment maybe entered against you by the Court without further notice for any money claimed in the complaint or for any other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone Number: 800-990-9108 ~~ ~~~ G~~ sa~`~ PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. t THE FIRST NATIONAL BANK OF MERCERSBURG Plaintiff vs. ANDREW C. MADEIRA and ANN E. MADEIRA Defendants IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY BRANCH CIVIL ACTION -LAW # Ib ~- ~ 7~0~- ~; ~; ~ COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, The First National Bank of Mercersburg of 12 South Main Street, Mercersburg, Pennsylvania, brings this action to foreclose a mortgage dated August 14, 2008, between Andrew C. Madeira and Ann E. Madeira, Mortgagors, and The First National Bank of Mercersburg, Mortgagee, which is recorded at Cumberland County Instrument No. 200828361, a copy of said mortgage executed by Defendants is attached hereto and made a part hereof as Exhibit A. 2. The land subject to the mortgage is situate at 583 Miller Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, conveyed to Defendants by deed of Frederick L. Madeira and Carolyn G. Madeira, dated July 24, 2002, and recorded in Cumberland County Deed Book Volume 252, page 4217, a copy of which deed is attached hereto and made a part hereof as Exhibit B. 3. The mortgage has not been assigned. 4. Defendants are the real owners of the land subj ect to the mortgage and their address is 583 Miller Boulevard, Mechanicsburg, PA. 5. The mortgage is in default because Defendants have failed to make payments upon the Mortgage. Notices of default in the form of Act 91 were delivered to Defendants by first class mail with proof of mailing and certified mail dated November 3, 2010. Copies of the Notices and mailing receipts are attached hereto, made a part hereof and marked Exhibit C. 6. The following amounts are due on the mortgage: a. Principal $343,015.56 b. Interest to 12/06/10 8,344.85 c. Late charges 544.84 b. Attorney's collection fee 35,190.53 Total $387,095.78 WHEREFORE, Plaintiff prays the court to enter judgment in mortgage foreclosure against Defendants in the monetary sum of $3 87,095.78 together with interest from December 7, 2010, at the rate of $64.19 per diem, attorney fees actually incurred, other expenses including but not limited to insurance, taxes, utility or municipal liens and court costs. BENC~IOFF, LLP By Donald L. Attorney i I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. THE FIRST NATIONAL BANK OF MERCERSBURG ~~~ ~ ? ~c,1/1`~1 Prepared By: THE FIRST NATIONAL BANK OF MERCERSBURG 12 SOUTH MAIN STREET MERCERSBURG PA 17236 Return To: THE FIRST NATIONAL BANK OF MERCERSBURG 12 SOUTH MAIN STREET MERCERSBURG PA 17238 Parcel Number: 22120348245 Premises: 583 MILLER BOULEVARD, MECHANICSBURG, PA 17055 MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rotes regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means [his document, which is dated 08.142008 , together with all Riders to this document. (B) "Borrower" is ANDREW C. MADEIRA AND ANN E. MADEIRA Borrower is the mortgagor under this Security Instrument. (C) "Lender" is THE FIRST NATIONAL BANK OF MERCERSBURG PENNSYLVANIA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -61PA) lo5oal Page 1 of 16 Initials: 9S ~~ VMP Mortgage Solutions, Ine. (8001527~~;~"~• ' " [Space Above This I3ne For Recording Data] EXHIBIT Form 3039 1/01 ^~~w~~~ Lender is a CORPORATION organized and existing under the laws of THE UNITED STATES OF AMERICA Lender's address is 12 SOUTH MAIN STREET, MERCERSBURG, PA 17236 Lender is the mortgagee under [his Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated 08.142008 The Note states that Borrower owes Lender THREE HUNDRED FIFTY THOUSAND AND N01100 Dollars (U.S. $ 350,000.00 )plus interest. Borrower has promised to pay [his debt in regular Periodic Payments and to pay the debt in full not later than 08.19-2038 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider ~ Condominium Rider Q Second Home Rider 0 Balloon Rider 0 Planned Unit Development Rider ~ 1-4 Family Rider VA Rider 0 Biweekly Payment Rider ®O[her(s) [specify] ATTACHED LEGAL DESCRIPTION (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. m "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Properly by a condominium association, homeowners association or similar organization. (~ "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of--sate transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third parry (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. Initials: ~~~~'~-Y-- -6IPAI (0506) Pape 2 of 16 ~~, Form 3039 1/01 l~ ~ "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time [o time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if We Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures [o Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the MONROE TOWNSHIP [Type of Recording Jurisdiction] of CUMBERLAND COUNTY [Nazne of Recording Jurisdiction]: SEE ATTACHED LEGAL DESCRIPTION which currently has the address of 583 MILLER BOULEVARD [Street] MECHANICSBURG [City], Pennsylvania 17055 [Zip Cade] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. " Initial:: /~~~~/~`~~'~ •~-61PA) losoel Pape 3 of 16 ~~JUY ~~ Form 3039 1101 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 [he title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and nay prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at We time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them [o Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, We payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be Initials:~~~~~~~ -61PA1 Io6os1 Page 4 of 16 ~~~ Form 3039 1101 t, paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the No[e shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish [o Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay duectly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items duectly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay [o Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply We Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under ]tESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lendet, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest -61PA) 105061 Inhials: 1~~~ Page 5 of 16 GULL Form 3039 1/01 shall be paid on the Funds. Lender shall give [o Borrower, without charge, an annual accounting of the Funds as required by 1tESPA. If there is a surplus of Funds held in escrow, as defined under 1tESPA, Lender shall account to Borrower for the excess funds in accordance with 1tESPA. If there is a shortage of Funds held in escrow, as defined under 1tESPA, Lender shall notify Borrower as required by 1tESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with 1tESPA, but in no more than 12 monthly payments. If [here is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with 12ESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings aze pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay aone-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. Initials~~~4ij(/v -6tPA) losoat Page 6 of 16 ~,,, I „ Form 3039 1101 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of [he Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that [he cost of [he insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional deb[ of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, a~ insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of [he Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of [he insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or no[ then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may fde, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered [o settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) a~ other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. ~rritia~s:L~G~U-~ -6(PAI cosoel Paga 7 of 16 n,, ,,,, Form 3039 1/01 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of [his Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall no[ be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Properly from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the duec[ion of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but aze not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees [o protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under a~ duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. ~nitfa~~~ J~~-r--r~- -61PA) losoe! Page s of is (~'vv Fotm 3039 1101 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as anon-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide anon refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation [o pay interest a[ the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other parry (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (duectly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not atYect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. ~~t~ai -61PA) tosoa~ Page 9 of 16 l~'~"" Form 3039 1/01 (b) Any such agreements will not affect the' rights Borrower has - if any -with respect to the Mortgage Insurance under the Homeowners Protection Ad of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of snch cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is no[ lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid [o Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, We Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before We partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument .shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which We fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than [he amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Properly is abandoned by Borrower, or if, after notice by Lender to Borrower that We Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either [o restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Parry" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be Initial~f~ -6tPA1 lo5oel Page 10 of 18 l~-~~ Form 3039 1/01 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impainment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shalt not be required [o commence proceedings against any Successor in Interest of Borrower or [o refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. A~ forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and coney the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree [o extend, modify, forbear or make any accommodations with regard to We terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit We successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services perfonmed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but no[ limited to, attorneys' fees, property inspection and valuation fees. In regard to any older fees, [he absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to Initials:^~~~ (~-61PA1 losoe) Page 11 of 16 /Jn~ Form 3039 1101 have been given to Borrower when mailed by fast class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specked procedure. There may be only one designated notice address under this Security Instrument a[ any one time. Any notice to Lender shall be given by delivering it or by mailing it by fast class mail to Lender's address stated herein unless Lender has designated another address by notice [o Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to airy requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in [his Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, Wose beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may im+oke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant [o any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note, as if no acceleration had occurred; (b) cures any default of any other covenants or i~rc~~ -61PA) ~osoe~ aae. is or ~s n „ ,,, Form 3039 1/07 ® (XJUy(~( agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in [he Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation [o pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the No[e, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other parry (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed [o be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given [o Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Enviro~ental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or enviromnental protection; (c) "Enviro~ental Cleanup" includes a~ response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Envirommental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. i~n~ais:L~~ -61PA) lo6oe) Page 13 of 16 ~ Form 3039 1/07 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Enviro~ental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any goverffilental or regulatory agency or private party im~olving the Property and any Hazardous Substance or Emrironmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise), Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. R the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the deb[ secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. i~t~ai~~~!~ -61PA) ~osos~ Page ra or is t~-X~V"` Form 3039 1/01 BY SIGNING BELOW, Borrower accepts and agrees [o the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) AND C. MADEIRA -Borrower _ (Seal) -Borrower _ (Seal) -Borrower ., ;~ -61PA) losoe) ~~~~~~~ ~~~~J~~,~ • ~,f I,.LL'E~(/2 ~ (Seal) ANN E.MADEIRA -Borrower Page 15 of 16 _ (Seal) -Borrower _ (Seal) -Borrower Form 3039 1 /01 COMMONWEALTH OF PENNSYLVANIA, CUMBERUIND On this, the 14TH day of AUGUST, 2008 undersigned officer, personally appeared ANDREW C. MADEIRA; ANN E. MADEIRA County ss: before me, the known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Harold S. Irwin lii, Esq, Notary Public Carlisle, Cumberland County My commission expires February 06, 2011 Tide of Officer Certiffcate of Rai denFe I, ~~r 15 ~Yt m ~ the correct address of the within-named Mortgagee is Witness my hand this 14TH do hereby certify that 12 SOUTH MAIN STREET, MERCERSBURG, PA 17236 Initiala~~~3~ -6(PAI losoai Pace is or ~e Form 3039 1/01 I,[.~V" - day of AUGUST, 2008 . Exhibit A -Legal Description ALL that certain tract of land situate in Monroe Township, Cumberland County, Pennsylvania, being identified as Lot No. 8 as shown on a plan of lots known as "Final Subdivision Plan for BREECHES BEND" prepared by Hoover Engineering Services, Inc. dated September 23, 1997, approved February 26, 1998 and recorded March li, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 76 on page 60, and being more fully described as follows, to wit: BEGINNING at a point in Miller Boulevard (a 60 foot ultimate right-of-way}(T-621), at a common property corner of Lot No. 7 and Lot No. 8 as shown on the above referenced Final Subdivision Plan of Breeches Bend; thence from said point of beginning along said Lot No. 7 South 74 degrees 40 minutes 59 seconds East, a distance of 427.78 feet to a point; thence continuing along said Lot No. 7 and Lot No. 6, North 14 degrees 59 minutes 52 seconds East, a distance of 402.01 feet to a point at Lot No. 4; thence along said Lot No. 4, Lot No. 3, Lot No. 2 and Lot No. 1, South 74 degrees 40 minutes 59 seconds East, a distance of 720.12 feet to a point at lands now or late of Tracy E. Clouser; thence along said lands now or late of Tracy E. Clouser South 13 degrees 30 minutes 23 seconds West, a distance of 222.92 feet to a point at lands now or late of Ralph S. Widener, et ux., and lands now or late of Gale Bear; thence along said lands now or late of Gale Bear, lands now or late of Robert W. and Cecelia Long, lands now or late of Gregory L. and Debra Lee Sheaffer, lands now or late of Darla L. Smith, lands now or late of Dennis A. Sheaffer, et ux, and lands now or late of W. Donald Rynard South 83 degrees 53 minutes 20 seconds West, a distance of 1,234.63 feet to a point in Miller Boulevard; thence through Miller Boulevard North 14 degrees 40 minutes 42 seconds East, a distance of 271.89 feet to a point, said point being the place of BEGINNING. SAID lot containing 344,418.67 square feet or 7.9068 acres. BEING PARCEL N0. 22-12-0348-2458 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200828361 Recorded On 8/19/2008 At 2:19:08 PM * Total Pages - 18 * Instrument Type -MORTGAGE Invoice Number - 27379 User ID - KW * Mortgagor -MADEIRA, ANDREW C * Mortgagee -FIRST NATIONAL BK OF MERCERSBURG * Customer - H IItWIN * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $37.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $64.50 I Certify this to be recorded in Cumberland County PA ~ °'` auye o:~ r/I~L~T/ ° ~ RECORDER O »~ Certification Page DO NOT DETACH This page is now part of this legal document. * -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. iiuiiwuiiiimiiii • ~,.~,~ ~ ~ ~r.~S13" ~...:-r ~,. ZIEGLtiR .._:~.,?uER OF DEEDS :.~LRLE+HD COUNTY-i :, 12 ~!E)~. 2y pit 3 y 3THIS DEED Tax Parce! No. 22-12-0348-2458 MADE the o? ~~ day of ~U L in the year two thousand two (2002). BETWEEN FREDERICK L. MADEIRA and CAROLYN G. MADEIRA, his wife, of Upper Allen 'T'ownship, Cumberland County, Pennsylvania, GRANTORS, parties of the first part, AND ANDREW C. MADEIRA and ANN E. MADEIRA, his wife, of Monroe Township, Cumberland County, Pennsylvania, GRANTEES, parties of the second part. WITNESSETH, That in consideration of ONE HUNDRED NINETY-THREE THOUSAND ($193,000.00) DOLLARS in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantees, their heirs and assigns, ALL that certain tract of land situate in Monroe Township, Cumberland County, Pennsylvania, being identified as Lot No. 8 as shown on a plan of lots known as "Final Subdivision Plan for BREECHES BEND" prepared by Hoover Engineering Services, Inc. dated September 23,1997, approved February 26,1998 and recorded March l 1,1998 in the Office of the Recorder of Deeds in and For Cumberland County, Pennsylvania, in Plan Book 76 on page 60, and being more fully described as follows, to wit: BEGINNING at a point in Miller Boulevard (a 60 foot ultimate right-of--way )(T-621), at a common property corner of Lot No. 7 and Lot No. 8 as shown on the above referenced Final Subdivision Plan of Breeches Bend; thence from said paint of beginning along said Lot No. 7 South 74 degrees 40 minutes 59 seconds East, a distance of 427.78 feet to a point; thcnce continuing along said Lot No. 7 and Lot No. 6, North 14 degrees 59 minutes SZ seconds East, a distance of 402.0 l feet to a point at Lot No. 4; thence along said Lot No. 4, Lot No. 3, Lot No. 2 and Lot No. 1, South 74 degrees 40 minutes 59 seconds East, a distance of 720.12 feet to a point at lands now or late of Tracy E. Clouser; thence along said lands now or late of Tracy E. Clouser South 13 degrees 3G minutes 23 seconds West, a distance of 222.92 feet to a point at lands now or late of Ralph S. Widener, et ux., and lands now or late of Gale Bear; thence along said lands now or late of Gale Bear, lands now or late of Robert W. and Cecelia Long, lands now or late of Gregory L. and Debra Lee Sheaffer, lands now or late of Dazla L. Smith, lands now or late of Dennis A. Sheaffer, et ux. and lands now or late of W. Donald Rynard South 83 degrees 53 EXHIBIT 'sG„r ~,~~ f~GE~~"J U minutes 20 seconds West, a distance of 1,234.63 feet to a point in Miller Boulevard; thence through Miller Boulevard North 14 degrees 40 minutes 42 seconds East, a distance of 271.89 feet to a point, said point being the place of BEGINNING. SAID lot containing 344,418.67 square feet or 7.9068 acres. FURTHER UNDER AND SUBJECT to the Protective Covenants and Restrictions set forth in that certain instrument recorded in the Office of the Recorder of Deeds in and for Cumberland county, Pennsylvania, in Record book 584 at page 201. BEING the same premises which Harry L. Ramage, married man, and David A. Krulac, a mamcd man, each the owner of an undivided one-half interest as tenants in common, and Diane E. ICrulac, by their deed dated July 17, 2000 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 234, page 53, granted and conveyed unto Frederick L. Madeira and Carolyn G. Madeira, his wife, Grantors herein. This is a transfer from father and mother to son and daughter-in-law and is therefore exempt from realty transfer tax. AND the said Grantors will specially WARRANT AND FOREVER DEFEND the property hereby conveyed. Sealed and delivered in the presence of ~eel~ .~ ~-_~~~ , ~' ~j. (SEAL) Frederick L. Madeira ~C (SEAL) Carolyn adeira :::... 252 >~cE42~.8 I hereby certify that the correct mailing address of the Grantees herein is as follows: 583 Miller Boulevard Mechanicsburg, PA 17055 Attorney or Agent for Grantees COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ]aAuPt~~~ SS. On this day of ~u ~~ , 2002, before me, a Notary Public, the undersigned officer, personally appeared FREDERICK L. MADEIRA and CAROLYN G. MADEIRA, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purpose therein contained. 1N WITNESS WHEREOF, I have hereunto set my hand and notarial seal. [Certify this to be recor3ed In Cumberland County PA ~' ". Y ~• ~~ Recorder of Deeds Notary Public y~~ My Commission Expires: CFIEgYLF TE ~ON~Nadypubb ''~`.., . t'louny .~~~ P~c1:42~.~ Kornfield and Benchoff, LLP Attorneys At Law 17 North Church Street Waynesboro, PA 17268 www.kornfieldandbenchoff.com Donald L. Kornfield, Esq. Andrew J. Benchoff, Esq. Kimberly S. Runshaw Paralegal Phone: 717-762-8222 Fax:717-762-6544 don@kornfield.net an drew(a~.k~rn fi e l d. n et November 3, 2010 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Suecific information about the nature of the default is provided in the attached eases The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice exalains how the nrosram works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselins Asencv. The name. address and uhone number of Consumer Credit Counselins Asencies servins your County are listed at the end of this Notice. If you have any questions. you may call the Pennsylvania Housins Finance Asency toll free at 1-800-342-2397 (Persons with imuaired hearins can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJiJNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA EXHIBIT NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Andrew C. Madeira and Ann E. Madeira PROPERTY ADDRESS: 583 Miller Boulevazd, Mechanicsburg, PA 17055 LOAN ACCT.. NO.: 5000107580 ORIGINAL LENDER: The First National Bank of Mercersburg CURRENT LENDER/SERVICER: The First National Bank of Mercersburg HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (331 DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCY--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 desi ated consumer credit counseling agencies for the county in which the property is located are set forth at the end of 2 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.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the Lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WII,L BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE ACTION AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uu to date) NATURE OF THE DEFAULT--The MORTGAGE debt held by the above Lender on your property located at: 583 Miller Boulevazd, Mechanicsburg, Pennsylvania, IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Months due: Payments of Principal and Interest: Escrow chazges: Late charges: Attorney Fees: Other charges (explain): TOTAL AMOUNT PAST DUE: August 19, September 19 and October 19, 2010 $6,810.27 408.63 50.00 $7,268.90 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): n/a. 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 $7,268.90 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: The First National Bank of Mercersburg 12 South Main Street Mercersburg, PA 17236 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.) n/a. 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 rishts 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 morteaeed property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriffto pay offthe 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 4 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 ueriod, you will not be required to pay attorney's fees. OTHER LENDERREMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the Lender and by performing,.any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you 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 three months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the Lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number• Faa Number• Contact Person• Email Address• The First National Bank of Mercersburg 12 South Main Street, Mercersburg, PA 17236 717/328-3121 X127 717/328-0127 J. Edward Lefferts eefferts@fnbmbg.com EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the Lender at any time. ASSUMPTION OF MORTGAGE--You _ may or x may not 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 to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. 5 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 HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717-232-9757 PHFA 211 North Front Street Harrisburg, PA 17110 717-780-3940 or 800-342-2397 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717-762-3285 PA Interfaith Community Programs, Inc. 40 E High Street Gettysburg, PA 17325 717-334-1518 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. DLK/ksr cc: FNB of Mercersburg KORNFIELD AND BENCHOFF, LLP Donald L. Kornfield 6 4 ~ '~~ 6 ~ 1 • • `~ ~ ~• • ~ Q' Postage $ ~ c_t ~; i w ~ ~L,v, 13,i-`-. O CerBfted Fee f' - C Retum Receipt Fee €_? , ~,li ' i) ~ +.~Astmark O (Endorsement Required) ~` ~ Flere ~=' p Restricted Delivery Fee ~~! 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'. . _ ~ (EntbraemeM Required) i ~ .., ._ , ~.. i{ Ys t'1 `~'~ i lti ~lJ: Ztli Si O Total Postage & Fees . ~ sent o ~ /q o or PO Box No. Q _ :,~ Thig CeRiRgb aryaAM Grwiers svscimnca k~At Wise haT. Wien tx+oS+^~ ~r ma $ c T++h Mrm myr b~ ,ssa€ !or domestic wd ~t~andamat rwi ,,.+' ~ ~ ~ ra ; f/ Prom: `- i~ +t, u p C_i M C7 "'7 . ~ N ! ~'` i ~ ~ .5 - ~~. y .. ~ 2 ~ C o1_a o ~< Z to /+ 1 W~"~ 3 ~-R7~• l Lr / _ ~ Oo.~tn~ c CWNW~-+~ ...p4".r ?', ~~C~ J ~ o a m PS Form 3847. A{xN 1007 PSN 7530-i72-000~9~6 .: ~ ~~ x~~ Donald L. Kornfield, Esq. Kornfield and Benchoff, LLP 17 North Church Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 don@kornfield.net Atty. I.D. #19242 THE FIRST NATIONAL BANK OF MERCERSBURG Plaintiff VS. ANDREW C. MADEIRA and ANN E. MADEIRA Defendants TO THE PROTHONOTARY: FILED-OFFICE OF THE PROTHONOTARY tai .:. _ f F 1- 21 CUM f !i{ TY i- V, : IN THE COURT OF COMMON PLEAS OF : THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY BRANCH CIVIL ACTION- LAW #10-7762 PRAECIPE Kindly reinstate the complaint field in the above-captioned matter. Date: January 11, 2011 O?j 0j1xf f I i a3$ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff iL'L'D-0` t CO- Jody I? S Smith Chief Deputy Richard W Stewart Solicitor 20'11J11114 AM4:(f The First National Bank of Mercersburg Case Number vs. Andrew C. Madeira (et al.) 2010-7762 SHERIFF'S RETURN OF SERVICE 01/11/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on January 11, 2011 at 0925 hours this Complaint and Notice upon defendant Andrew C. Madeira is returned not served per request from Kimberly S. Runshaw, Paralegal. 01/11/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on January 11, 2011 at 0925 hours this Complaint and Notice upon defendant Ann E. Madeira is returned not served per request from Kimberly S. Runshaw, Paralegal. SHERIFF COST: $53.44 January 11, 2011 1c) i:euntyguils+ Sher: It, 7eleose?r. Inc. SO ANSWERS, RON R ANDERSON, SHERIFF Affidavit of Process Server 17c F ry t ITV afi'OnC, ( (NAME OF - -- -.._. ..,...... ..?.,. ul%bt NUNN3tH i 1 o n f"i being first duly swom, depose and say: that I am over the age of 18 years and not a party b Is action, an that within the boundaries of the state where service was effected, perform said service I was authorised by law to . Service: I served Ann ?. ` Xai, etA6L, NAME OF PERSON ! ENTITY BEING SERVED with (list documents) 6yi (ar(r-k - complaint in mortgage foreclosure by leaving with Aldrejj C-• M151doin11_ hj.,&-g2pk At N E RELATIONSHIP Residence ZyC?? n ADD CITY / STATE ? Business ADDRESS CITY/STATE y On AT a&D"? r c? DATE ? Inquired if subject ITT ME ?-- was a member of the U.S. Military and was informed they are not. CD A - Thereafter copies of the documents were mailed by prepaid, first class mail on 4? ?o 0 from S'C cl Lv ,3 - o D CITY STATE ZIP D =i -?o O --- i Manner of Service: , < ? ersona1: By personally delivering copies to the person being served. - Substituted at Residence: By leaving copies at the dwellin house or usual place of abode of the person being erved with a member of the household over the age of S7` and explaining the general nature of the papers. ? Substituted at Business: By leaving, during office hours, copies at the office of the person/entity being served with the person apparently in charge thereof. ? Posting: By posting copies in a conspicuous manner to the front door of the person/entity being served. Non-Service: After due search, careful inquiry and diligent attempts at the address(es) listed above, I have been unable to effect process upon the person/entity being served because of the following reason(s): ? Unknown at Address ? Moved, Left no Forwarding ? Service Cancelled by Litigant ? Unable to Serve in Timely Fashion ? Address Does Not Exist ? Other Service Attempts: Service was attempted on: (1) (2) DATE TIME DATE TIME (3) DATE TIME (4) (5) . DATE TIME DATE TIME Description:. Age?Sex M Racep=ga_Height e Weight?Hair _Beard_-)t Qlasses-Z SUBSCRIBED AND SWORN to before me this --LZ-J_day of 20 1 J Proved to me on the basis of satisfactory evidence to be the person(s) whoa eared before m . SIGNATU OF NOTA? ?UfBLIC _ 2?= L O 1 S NOTARY PUBLIC for the state o??Y?w v?CC-l f7 i`C? FORM 2 NATIONAL ASSOCIATION OF PROFESSIONAL PROCESS SERVERS X011 - I t,`i I i , r.} S y i?p 3 Viu1.1 Y Affidavit of Process Server Ir+ 6-F tAirrl?Q??et" n-F ?e? ?Itk u ca?.11 1?itfcar t I PA?,"C mb r 1 ,-1 Ce OTanc l,, F r? t Nb?-f (NAME OF COURT) , k n F m Ce.. 6 vs A-nd rr,i ) . Made ; /Ann E Mad ei : #/0 7.76,;Z I El /r- V. being first duly swom, depose and say: that 1 am over the age of 18 years and not a party tofthis action, a that within the boundaries of the state where service was effected, l was authorizad by law to perform said service. Service: I served d r e,,,) L. Made L ira- NAME OF PERSON / ENTITY BEING SERVED with (list documents) L fl complaint in mortga ge foreclosjAr by leaving with o- v `? q A 5 NAME 9 RELATIONSHIP CD " Residence 3w X u . (! 5 C -; DDRESS CITY/STATE s r ? Business 1 ° r i C= On , do A AT `?°dSJDn, ? ? ? DATE TIME " ? Inquired if subject was a member of the U.S. Military and was informed they are not. / - D Thereafter copies of the documents were mailed by prepaid, first class mail on from DATE ? / 6.. CITY STATE ZIP _ IlAaprter of Service: Personal: By personally delivering copies to the person being served. ? Substituted at Residence: By leaving copies at the dwelling house or usual place of abode of the person being served with a member of the household over the age of and explaining the general natyre of the papers. ? Substituted at Business: By leaving, during office hours, copies at the office of the person/entity being served with the person apparently in charge thereof. o Posting: By posting copies in a conspicuous manner to the front door of the person/entity being served. Non-Service: After due search, careful inquiry and diligent attempts at the address(es) listed above, I have been unable to effect process upon the person/entity being served because of the following reason(s): ? Unknown at Address ? Moved, Left no Forwarding ? Service CanceNed by Litigant ? UnaMe to Save In Timely Fashion ? Address Doss Not Exist ? Other 1 ) / Service Attempts: Service was attempted on: (1) (2) DATE TIME DATE TIME (3) DATE TIME (4) ?/ DATE TIME (5) DATE TIME Description:. Age,5Q Sex fn Race4ms;-Height ?Weight 110 Hairbik Beard_)L Q asses SUBSCRIBED AND SWORN to before me this 2 1 Proved to me on the basis of satisfactory evidence to t FORM 2 NATIONAL ASSOM SIGNATUW OF PRIOCC% SERVER _day of JAnuity-d ° 20 1 by d K e the person(s) who apeared before me. SIGNATURE 'J40TARY P LIC ?, D (p _ L p( S NOTARY PUBLIC for the state of S't-k? e ?w?C-- rION OF PROFESSIONAL PROCESS SERVERS F F-B - AM I I c?jjl?j,3rERLAi'D COUN y 1? v,?, Donald L. Kornfield, Esq. Kornfield and Benchoff, LLP 17 North Church Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 don@kornfield.net Atty. I.D. #19242 THE FIRST NATIONAL BANK OF MERCERSBURG Plaintiff VS. ANDREW C. MADEIRA and ANN E. MADEIRA Defendants FILED-OFFICE jrr TI-1'L PROTHoNOTAF? t. 2011 FEB 23 PM 3" CU PEN NS LVANIAjT` : IN THE COURT OF COMMON PLEAS OF : THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY BRANCH CIVIL ACTION -LAW #10-7762 PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT To the Prothonotary: Enter judgment in mortgage foreclosure in the monetary sum of $387,095.78 together with costs and interest at the contract rate after judgment in the above-captioned matter in favor of Plaintiff and against Defendants by default for failing to plead within the required time to the complaint which was endorsed with the proper notice to plead. KORWIF4D AND,BVNCWFF, LLP By Donaldornfield Attorne or Plaintiff Date: February22, 2011 2,* 55 (p37 N A L-e Aug fed THE FIRST NATIONAL BANK OF MERCERSBURG Plaintiff VS. ANDREW C. MADEIRA and ANN E. MADEIRA Defendants : IN THE COURT OF COMMON PLEAS OF : THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY BRANCH CIVIL ACTION -LAW #10-7762 AFFIDAVIT OF SERVICE I hereby certify that pursuant to Rule 237.1 of Pennsylvania R.C.P., I have given the requisite notice of entry of default judgment of ten days and that the filing of a praecipe for a default judgment is offered to the Prothonotary more than ten days after the mailing of the aforesaid notice to Defendants in the above-captioned matter. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. 4 Donald L. Kornfield, Esq. Kornfield and Benchoff, LLP 17 North Church Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 don@kornfield.net Atty. I.D. #19242 THE FIRST NATIONAL BANK OF MERCERSBURG Plaintiff VS. ANDREW C. MADEIRA and ANN E. MADEIRA Defendants IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. : CUMBERLAND COUNTY BRANCH : CIVIL ACTION -LAW : #10-7762 TO: Andrew C. Madeira DATE: February 10, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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. PA Bar Association Lawyer Referral Service P.O. Box 186,100 South Street Harrisburg, PA 17108 Telephone Number: 1-800-692-7375 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. KORNFIELD AND BENCHOFF, LLP • 1'1 By t}? Donald L. Kornfield Attorney for Plaintiff Donald L. Kornfield, Esq. Kornfield and Benchoff, LLP 17 North Church Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 don@kornfield.net Atty. I.D. #19242 THE FIRST NATIONAL BANK OF MERCERSBURG Plaintiff VS. ANDREW C. MADEIRA and ANN E. MADEIRA Defendants : IN THE COURT OF COMMON PLEAS OF : THE 9TH JUDICIAL DISTRICT, PA. : CUMBERLAND COUNTY BRANCH : CIVIL ACTION -LAW : #10-7762 TO: Ann E. Madeira DATE: February 10, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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. PA Bar Association Lawyer Referral Service P.O. Box 186,100 South Street Harrisburg, PA 17108 Telephone Number: 1-800-692-7375 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. KORNFIELD AND BENCHOFF, LLP B Y Donald L. Kornfield Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N010-7762 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE FIRST NATIONAL BANK OF MERCERSBURG Plaintiff (s) From ANDREW C. MADEIRA AND ANN E. MADEIRA (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $387,095.78 L.L. $.50 Interest TO JUNE 1, 2011 -- $11,297.44 AND COSTS Arty's Comm % Due Prothy $2.00 Arty Paid $19544 Other Costs Plaintiff Paid Date: 2/25/11 <ZZd7D. Buell, Prothonotary (Seai) REQUESTING PARTY: Name: DONALD L. KORNFIELD, ESQUIRE By: Address: KORNFIELD AND BENCHOFF, LLP 17 NORTH CHURCH STREET WAYNESBORO, PA 17268 Attorney for: PLAINTIFF Telephone: 717-762-8222 Deputy Supreme Court ID No. 19242 Donald L. Kornfield, Esq. Kornfield and Benchoff, LLP 17 North Church Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 don@kornfield.net Atty. I.D. #19242 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA -CUMBERLAND COUNTY BRANCH PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 THE FIRST NATIONAL BANK OF MERCERSBURG Plaintiff VS. ANDREW C. MADEIRA and ANN E. MADEIRA Defendants TO: Prothonotary Issue writ of execution in the above matter: Amount Due Interest to June 1, 2011 04 o 5U1? #10-7762 $387,095.78 $ 11,297.44 and costs. c__) a, c71 F .7) ern #10-7762 THE FIRST NATIONAL BANK OF MERCERSBURG VS. ANDREW C. MADEIRA and ANN E. MADEIRA ATTY: KORNFIELD AND BENCHOFF, LLP LEGAL DESCRIPTION ALL the following described real estate, lying and being situate in Monroe Township, Cumberland County, Pennsylvania, with a property address of 583 Miller Boulevard, Mechanicsburg, Pennsylvania, bounded and described as follows: BEGINNING at a point in Miller Boulevard (a 60 foot ultimate right-of-way) (T-621) at a common property corner of Lot No. 7 and Lot No. 8 as shown on the below referenced Final Subdivision Plan of Breeches Bend; thence from said point of beginning along said Not No. 7, South 74 degrees 40 minutes 59 seconds East, a distance of 427.78 feet to a point; thence continuing along said Lot No. 7 and Lot No. 6, North 14 degrees 59 minutes 52 seconds East, a distance of 402.01 feet to a point at Lot No. 4; thence along said Lot No. 4, Lot No. 3, Lot No. 2 and Lot No. 1, South 74 degrees 40 minutes 59 seconds East, a distance of 720.12 feet to a point at lands now or late of Tracy E. Clouser; thence along said lands now or late of Tracy E. Clouser South 13 degrees 36 minutes 23 seconds West, a distance of 222.92 feet to a point at lands now or late of Ralph S. Widener, et ux., and lands now or late of Gale Bear; thence along said lands now or late of Gale Bear, lands now or late of Robert W. and Cecelia Long, lands now or late of Gregory L. and Debra Lee Sheaffer, lands now or late of Darla L. Smith, lands now or late of Dennis A. Sheaffer, et ux. and lands now or late of W. Donald Rynard South 83 degrees 53 minutes 20 seconds West, a distance of 1,234.63 feet to a point in Miller Boulevard; thence through Miller Boulevard North 14 degrees 40 minutes 42 seconds East, a distance of 271.89 feet to a point, said point being the place of beginning. BEING identified as Lot No. 8 as shown on a plan of lots known as "Final Subdivision Plan for Breeches Bend" prepared by Hoover Engineering Services, Inc. dated September 23, 1997, approved February 26, 1998, and recorded March 11, 1998, in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 76 on Page 60. Said lot containing 344,418.67 square feet or 7.9068 acres. FURTHER UNDER AND SUBJECT TO the Protective Covenants and Restrictions set forth in that certain instrument recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 584 at Page 201. BEING the same real estate which Frederick L. Madeira and Carolyn G. Madeira conveyed to Andrew C. Madeira and Ann E. Madeira by deed dated July 24, 2002, and recorded in Cumberland County Deed Book Volume 252, Page 4217., TAX PARCEL #22-12-0348 Donald L. Kornfield, Esq. Kornfield and Benchoff, LLP 17 North Church Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 don@kornfield.net Atty. I.D. #19242 THE FIRST NATIONAL BANK OF MERCERSBURG Plaintiff vs. i "L r ? -0 tr. _ 1 14 _Ttlt 3tt;^e C? FF3 25 PM 3: 3 : IN THE COURT OF COMMON PLEAS OF : THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY BRANCH : CIVIL ACTION -LAW ANDREW C. MADEIRA and ANN E. MADEIRA Defendants #10-7762 AFFIDAVIT PURSUANT TO RULE 3129 Plaintiff in the above-captioned matter sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in Monroe Township, Cumberland County, Pennsylvania, described in Cumberland County Deed Book Volume 252, Page 4217, a copy of which is attached hereto. 1. Name and address of Owner(s) or Reputed Owner(s): Andrew C. Madeira Ann E. Madeira 5300 Augusta Drive #25 Greenville, SC 29605 2. Name and address of Defendant(s) in the Judgment: Andrew C. Madeira Ann E. Madeira 5300 Augusta Drive #25 Greenville, SC 29605 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Palisades Collection, LLC 210 Sylvan Avenue Englewood Cliffs, NJ 07632 vs. Ann Madeira only The First National Bank of Mercersburg 12 South Main Street Mercersburg, PA 17236 4. Name and address of the last recorded holder of every mortgage of record: The First National Bank of Mercersburg 12 South Main Street Mercersburg, PA 17236 5. Name and address of every other person who has any record lien on the property: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which might be affected by this sale. None. 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. Section 4904 relating to unsworn falsification to authorities. K( By ZiEGLER DcR OF DEEDS :.L;ERLAND COUNTY -i*:. '02 JUL 24 PM 3 43THIS DEED Tax Parcel No. 22-12-0348-2458 MADE the t{*4 day of - ?U IV in the year two thousand two (2002). BETWEEN FREDERICK L. MADEIRA and CAROLYN G. MADEIRA, his wife, of Upper Allen 'township, Cumberland County, Pennsylvania, GRANTORS, parties of the first part, AND ANDREW C. MADEIRA and ANN E. MADEIRA, his wife, of Monroe Township, Cumberland County, Pennsylvania, GRANTEES, parties of the second part. WITNESSETH, That in consideration of ONE HUNDRED NINETY-THREE THOUSAND ($193,000.00) DOLLARS in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantees, their heirs and assigns, ALL that certain tract of land situate in Monroe Township, Cumberland County, Pennsylvania, being identified as Lot No. 8 as shown on a plan of lots known as "Final Subdivision Plan for BREECHES BEND" prepared by Hoover Engineering Services, Inc. dated September 23, 1997, approved February 26, 1998 and recorded March 11, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 76 on page 60, and being more fully described as follows, to wit: BEGINNING at a point in Miller Boulevard ( a 60 foot ultimate right-of-way )(T-621), at a common property corner of Lot No. 7 and Lot No. 8 as shown on the above referenced Final Subdivision Plan of Breeches Bend; thence from said point of beginning along said Lot No. 7 South 74 degrees 40 minutes 59 seconds East, a distance of 427.78 feet to a point; thence continuing along said Lot No. 7 and Lot No. 6, North 14 degrees 59 minutes 52 seconds East, a distance of 402.01 feet to a point at Lot No. 4; thence along said Lot No. 4, Lot No. 3, Lot No. 2 and Lot No. 1, South 74 degrees 40 minutes 59 seconds East, a distance of 720.12 feet to a point at lands now or late of Tracy E. Clouser; thence along said lands now or late of Tracy E. Clouser South 13 degrees 36 minutes 23 seconds West, a distance of 222.92 feet to a point at lands now or late of Ralph S. Widener, et ux., and lands now or late of Gale Bear; thence along said lands now or late of Gale Bear, lands now or late of Robert W. and Cecelia Long, lands now or late of Gregory L. and Debra Lee Sheaffer, lands now or late of Darla L. Smith, lands now or late of Dennis A. Sheaffer, et ux. and lands now or late of W. Donald Rynard South 83 degrees 53 V V . 52 FAGE4,x7 minutes 20 seconds West, a distance of 1,234.63 feet to a point in Miller Boulevard; thence through Miller Boulevard North 14 degrees 40 minutes 42 seconds East, a distance of 271.89 feet to a point, said point being the place of BEGINNING. SAID lot containing 344,418.67 square feet or 7.9068 acres. FURTHER UNDER AND SUBJECT to the Protective Covenants and Restrictions set forth in that certain instrument recorded in the Office of the Recorder of Deeds in and for Cumberland county, Pennsylvania, in Record book 584 at page 201. BEING the same premises which Harry L. Ramage, married man and David A. Krulac, a married man, each the owner of an undivided one-half interest , as tenants in common, and Diane E. Krulac, by their deed dated July 17, 2000 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 234, page 53, granted and conveyed unto Frederick L. Madeira and Carolyn G. Madeira, his wife, Grantors herein. This is a transfer from father and mother to son and daughter-in-law and is therefore exempt from realty transfer tax. AND the said Grantors will specially WARRANT AND FOREVER DEFEND the property hereby conveyed. Sealed and delivered in the presence of - X-e-1- 410 & W - EAL) Frederick L. Madeira (SEAL) Carolyn adeira 252 PAGE421.8 I hereby certify that the correct mailing address of the Grantees herein is as follows: 583 Miller Boulevard Mechanicsburg, PA 17055 --244?- Attorney or Agent for Grantees COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF LEA u P tt "3 SS. On this day of 'Tu t_ , 2002, before me, a Notary Public, the undersigned officer, personally appeared FREDERICK L. MADEIRA and CAROLYN G. MADEIRA, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. I Certify this to be recorded In Cumberland County PA Recorder of Deeds 'Z'?Nota Public My Commission Expires: CHERYL L NO " L__.t zoo; .:'3.23 PACE4,2!; 0 I Donald L. Kornfield, Esq. Kornfield and Benchoff, LLP 17 North Church Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 don@kornfield.net Atty. I.D. #19242 THE FIRST NATIONAL BANK OF MERCERSBURG Plaintiff VS. - LED-DF FICc t e rtf4 c? ( FF3 25 P 3: '_1 3 : IN THE COURT OF COMMON PLEAS OF : THE 9TH JUDICIAL DISTRICT, PA. : CUMBERLAND COUNTY BRANCH : CIVIL ACTION -LAW ANDREW C. MADEIRA and ANN E. MADEIRA Defendants #10-7762 NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA.R.C.P. 3129.2 TO: Andrew C. Madeira Your house (real estate) at 583 Miller Boulevard, Mechanicsburg, Pennsylvania, is scheduled to be sold at Sheriffs Sale on June 1, 2011, at 10:00 a.m. at: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 to enforce the courtjudgment of mortgage foreclosure in the monetary sum of $387,095.78 obtained by The First National Bank of Mercersburg against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to the mortgagee the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: Donald L. Komfield at 717/762-8222. 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. You may also ask the Court to postpone the sale for good cause. 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 more 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 SHERIFF'S SALE DOES TAKE PLACE. 4040.6 +. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Donald L. Kornfield at 717/762-8222. 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 Donald L. Kornfield at 717/762-8222. 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 due 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. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the sale. The schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses or ways of getting your property 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 Telephone Number: 800-990-9108 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,ft - #10-7762 THE FIRST NATIONAL BANK OF MERCERSBURG VS. ANDREW C. MADEIRA and ANN E. MADEIRA ATTY: KORNFIELD AND BENCHOFF, LLP LEGAL DESCRIPTION ALL the following described real estate, lying and being situate in Monroe Township, Cumberland County, Pennsylvania, with a property address of 583 Miller Boulevard, Mechanicsburg, Pennsylvania, bounded and described as follows: BEGINNING at a point in Miller Boulevard (a 60 foot ultimate right-of-way) (T-621) at a common property corner of Lot No. 7 and Lot No. 8 as shown on the below referenced Final Subdivision Plan of Breeches Bend; thence from said point of beginning along said Not No. 7, South 74 degrees 40 minutes 59 seconds East, a distance of 427.78 feet to a point; thence continuing along said Lot No. 7 and Lot No. 6, North 14 degrees 59 minutes 52 seconds East, a distance of 402.01 feet to a point at Lot No. 4; thence along said Lot No. 4, Lot No. 3, Lot No. 2 and Lot No. 1, South 74 degrees 40 minutes 59 seconds East, a distance of 720.12 feet to a point at lands now or late of Tracy E. Clouser; thence along said lands now or late of Tracy E. Clouser South 13 degrees 36 minutes 23 seconds West, a distance of 222.92 feet to a point at lands now or late of Ralph S. Widener, et ux., and lands now or late of Gale Bear; thence along said lands now or late of Gale Bear, lands now or late of Robert W. and Cecelia Long, lands now or late of Gregory L. and Debra Lee Sheaffer, lands now or late of Darla L. Smith, lands now or late of Dennis A. Sheaffer, et ux. and lands now or late of W. Donald Rynard South 83 degrees 53 minutes 20 seconds West, a distance of 1,234.63 feet to a point in Miller Boulevard; thence through Miller Boulevard North 14 degrees 40 minutes 42 seconds East, a distance of 271.89 feet to a point, said point being the place of beginning. BEING identified as Lot No. 8 as shown on a plan of lots known as "Final Subdivision Plan for Breeches Bend" prepared by Hoover Engineering Services, Inc. dated September 23, 1997, approved February 26, 1998, and recorded March 11, 1998, in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 76 on Page 60. Said lot containing 344,418.67 square feet or 7.9068 acres. FURTHER UNDER AND SUBJECT TO the Protective Covenants and Restrictions set forth in that certain instrument recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 584 at Page 201. BEING the same real estate which Frederick L. Madeira and Carolyn G. Madeira conveyed to Andrew C. Madeira and Ann E. Madeira by deed dated July 24, 2002, and recorded in Cumberland County Deed Book Volume 252, Page 4217.. TAX PARCEL #22-12-0348 Affidavit of Process Server o ?r t of?o rpm an Pleas o? 0e 93"cAD,sfn`ct RIB ,&m?ereoc,.r, ?,'rs t r?c?fia•! gr??-, k (NAME OF COURT) PLAINTIFF/PETITIONER DEFENDANT/RESPONDENT CASE NUMBER T?nU r/ ! f_t i being first duly sworn, depose and say: that I on am the age of 18 years and note party tD % action, and t within the boundaries olthe stns where service was effected, I was suttwrb:sd bylaw to W" said service. n r- , Service: I served A? ri F. 'Madf-/ /'- NAME OF PERSON / ENTITY BEING SERVED with (list documents) Wri'f )FXfQJi0,-- and Notice of Sale byI 1? ? Business [? 1 ADDRESS CITY / STATE G p On AT dl) rn _ -a3 I"'r rrt +;} r+t DATE TIW ? Inquired if subject was a member of the U.S. Military and was informed they are not. w p© 0 © 0 Thereafter copies of the documents were mailed by prepaid, first class mail on ?-? from ATE ) a jZ0 CITY STATE ZIP G p S' r Manner of Service: ? Personal: By personally delivering copies to the person being served. XSubsdb ted at Residence: By leaving copies at the dwelling house or usual place of abode of the person being served with a member of the household over the age of i' F and explaining the general nature of the papers. ? Substituted at Bushmm: By leaving, during office hours, copies at the office of the person/entity being served with the person apparently in charge thereof. ? Po*WV: By posting copies in a conspicuous manner to the front door of the person/entity being served. Non-Service: After due search, careful inquiry and diligent attempts at the address(es) listed above, I have been unable to effect process upon the person/entity being served because of the following reason(s): ? Unknown at Address ? Moved, Left no Fon=dIng ? Service Cane" by Udgant ? Unable to Serve in Thnsly Fashion ? Address Does Not EXIst ? Other Service Attempts: Service was attempted on: (1) 3-31 3 "??,(2) DATE TIME DATE TIME (3) DATE TIME (4) DATE TIME ,l(5) DATE IWIE / Deacriipdon:. Age Sys Sex Y. Race?HeigM ! Weight ?y !y ardGlasses `100 SS SERVER SUBSCRIBED AND SWORN to before me this _ day of C • ""' DLO , ' '? C O L CO 16 2 Crp 3?3 Proved to me on the basis of satisfactory evidence to be the person(s betore4ne. I =eof:5-C, COfrMpn NOTARY C for S ? FORM 2 NATIONAL ASSOCIATION OF PROFESSIONAL PROCESS SERVERS Donald L. Kornfield, Esq. Kornfield and Benchoff, LLP 17 North Church Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 don@kornfield.net Atty. I.D. #19242 THE FIRST NATIONAL BANK OF MERCERSBURG Plaintiff C .??T{fn s. ziiIIAP21 P I CUMBERLAND COUNTY nENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY BRANCH VS. CIVIL ACTION -LAW ANDREW C. MADEIRA and ANN E. MADEIRA Defendants #10-7762 AFFIDAVIT OF SERVICE Kimberly S. Runshaw, paralegal of the law offices of Kornfield and Benchoff, LLP, attorney for Plaintiff, mailed notice of the Sheriffs Sale to each of the lien holders listed in the Rule 3129 Affidavit filed to the above-captioned matter by first class mail with proof of mailing on April 21, 2011. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. -rW'kk' t1t) Kimberly S. Runshaw mwMI UAWMSWIS t f R?4KE• Car"Cata Of Nisi! o ? N Z FTO fl: o O CD M N DQNALD L. KOrRNFIFLQ m STRELw 7a: o D ? C ....._.? ,_ p./? - {Z l! "pp`'?p/ jn J (? o?T :X m 1 ? F??? F,c± (l?M• W O. N?lfl7D O W U M_ r-. C"Nm?0 OIL-n i a. 70 3 :D M PS Form 3817,,Apro 2007 PSN 75'---^ ^x- ; c?rr?sTnT'? P LSERV E* Certificate Of NW O N Frain: P ? 0VN*LD-t. %%AK rfREEIY- o b y NGRTH CHURCH ...v...... -__.m ? N WA ES904G. P* V26I To: LA _0 -C :Dm z V) W? C-NWT---O ?4 ? ?i? ?? ??• oNw» t JI~? ?`WOCU) CT) D T PS Form 3817. Apo 2007 PSN 7534.02.000.9M5 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor F'tL F n ry_. .y rte T P,, r? v, : r tt)?i ,, E SYL?';" The First National Bank of Mercersburg I vs. Andrew C. Madeira (et al.) Case Number 2010-7762 SHERIFF'S RETURN OF SERVICE 03/17/2011 02:59 PM - Deputy Michael Barrick, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 583 Miller Boulevard, Mechanicsburg, PA 17055, Cumberland County. 04/11/2011 Ronny R. Anderson, being duly sworn according to law, states he served the requested Real Estate Writ, Notice and Description, in the above titled action, in the following manner. The Sheriff mailed a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit: Andrew C. Madeira at 5300 Augusta Drive, # 25, Greenville, SC 29605. The mailing was returned to the Cumaberland County Sheriffs Office, "Unclaimed, Unable to Forward". 04/11/2011 Ronny R. Anderson, being duly sworn according to law, states he served the requested Real Estate Writ, Notice and Description, in the above titled action, in the following manner. The Sheriff mailed a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit: Ann E. Madeira at 5300 Augusta Drive, # 25, Greenville, SC 29605. The mailing was returned to the Cumaberland County Sheriffs Office, "Unclaimed, Unable to Forward". 06/01/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County, Courthouse, Carlisle, PA on June 1, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Atty David Kornfield, on behalf of THe First National Bank of Mercersburg, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,142.38 August 01, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF .00 rj I &L .0o ,d, Ca <V t-t /&- AIA 'C) GOLM"YSi,te,, She, --f_ ie,eosol.t Inc. Donald L. Rornfield, Esq. Rornfield and Benchoff, LLP 17 North Church Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 don@kornfield.net Atty. I.D. #19242 THE FIRST NATIONAL BANK OF MERCERSBURG Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY BRANCH : CIVIL ACTION -LAW ANDREW C. MADEIRA and ; ANN E. MADEIRA Defendants #10-7762 AFFIDAVIT PURSUANT TO RULE 3129 Plaintiff in the above-captioned matter sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in Monroe Township, Cumberland County, Pennsylvania, described in Cumberland County Deed Book Volume 252, Page 4217, a copy of which is attached hereto. 1. Name and address of Owner(s) or Reputed Owner(s): Andrew C. Madeira Ann E. Madeira 5300 Augusta Drive #25 Greenville, SC 29605 2. Name and address of Defendant(s) in the Judgment: Andrew C. Madeira Ann E. Madeira 5300 Augusta Drive #25 Greenville, SC 29605 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Palisades Collection, LLC 210 Sylvan Avenue Englewood Cliffs, NJ 07632 The First National Bank of Mercersburg 12 South Main Street Mercersburg, PA 17236 vs. Ann Madeira only 4. Name and address of the last recorded holder of every mortgage of record: The First National Bank of Mercersburg 12 South Main Street Mercersburg, PA 17236 Name and address of every other person who has any record lien on the property: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which might be affected by this sale. None. 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. Section 4904 relating to unsworn falsification to authorities. ....: i ?'. ZIEGLER _?DcR OF DEEDS :.L;RLNND COUNTY- i :. '02 JUL 24 Pn, 3 43THIS DEED Tax Parcel No. 22-12-0348-2458 MADE the Q day of ?tJC. in the year two thousand two (2002). BETWEEN FREDERICK L. MADEIRA and CAROLYN G. MADEIRA, his wife, of Upper Allen Township, Cumberland County, Pennsylvania, GRANTORS, parties of the first part, AND ANDREW C. MADEIRA and ANN E. MADEIRA, his wife, of Monroe Township, Cumberland County, Pennsylvania, GRANTEES, patties of the second part. WITNE&ETH, That in consideration of ONE HUNDRED NINETY-THREE THOUSAND ($193,000.00) DOLLARS in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantees, their heirs and assigns, ALL that certain tract of land situate in Monroe Township, Cumberland County, Pennsylvania, being identified as Lot No. 8 as shown on a plan of lots known as "Final Subdivision Plan for BREECHES BEND" Prepared by Hoover Engineering Services, Inc, dated September 23, 1997, approved February 26, 1998 and recorded March 11, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 76 on page 60, and being more fully described as follows, to wit: BEGINNING at a point in Miller Boulevard ( a 60 foot ultimate right-of-way )(T-621), at a common property corner of Lot No. 7 and Lot No. 8 as shown on the above referenced Final Subdivision Plan of Breeches Bend; thence from said South 74 degrees 40 minutes 59 seconds East, a distance point of of 427.78 feet to a Pooint; thence No 7 continuing along said Lot No. 7 and Lot No. 6, North 14 degrees 59 minutes 52 seconds East, a distance of 402.01 feet to a point at Lot No. 4; thence along said Lot No. 4, Lot No. 3, Lot No. 2 and Lot No. 1, South 74 degrees 40 minutes 59 seconds East, a distance of 720.12 feet to a point at lands now or late of Tracy E. Clouser; thence along said lands now or late of Tracy E. Clouser South 13 degrees 36 minutes 23 seconds West, a distance of 222.92 feet to a point at lands now or late of Ralph S. Widener, et ux., and lands now or late of Gale Bear; thence along said lands now or late of Gale Bear, lands now or late of Robert W. and Cecelia Long, lands now or late of Gregory L. and Debra Lee Sheaffer, lands now or late of Darla L. Smith, lands now or late of Dennis A. Sheaffer, et ux. and lands now or late of W. Donald Rynard South 83 degrees 53 Arj%g ? FAGE42V minutes 20 seconds West, a distance of 1,234.63 feet to a point in Miller Boulevard; thence through Miller Boulevard North 14 degrees 40 minutes 42 seconds East, a distance of 271.89 feet to a point, said point being the place of BEGINNING. SAID lot containing 344,418.67 square feet or 7.9068 acres. FURTHER UNDER AND SUBJECT to the Protective Covenants and Restrictions set forth in that certain instrument recorded in the Office of the Recorder of Deeds in and for Cumberland county, Pennsylvania, in Record book 584 at page 201. BEING the same premises which Harry L. Ramage, married man, and David A. Krulac, a married man, each the owner of an undivided one-half interest as tenants in common, and Diane E. Krulac, by their deed dated July 17, 2000 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 234, page 53, granted and conveyed unto Frederick L. Madeira and Carolyn G. Madeira, his wife, Grantors herein. This is a transfer from father and mother to son and daughter-in-law and is therefore exempt from realty transfer tax. AND the said Grantors will spccially WARRANT AND FOREVER DEFEND the property hereby conveyed. Sealed and delivered in the presence of A-e/?/Aw- Frederick L. Madeira (SEAL) ' L (SEAL) Carolyn adeira 252 PAGE421.8 I hereby certify that the corrdct mailing address of the Grantees herein is as follows: 583 Miller Boulevard Mechanicsburg, PA 17055 Attorney or Agent for Grantees COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF bA L)P9"$3 SS. On this day of Zu L , 2002, before me, a Notary Public, the undersigned officer, personally appeared FREDERICK L. MADEIRA and CAROLYN G. MADEIRA, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. [ Certify this to be recorded In Cumberland County PA Recorder of Deeds Notary Public My Commission Expires: CHM TAB Nat 7 Pubic ro. M A 0 2pp; f., •, ?-J? PACE'??'.? Donald L. Kornfield, Esq. Kornfield and Benchoff, LLP 17 North Church street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 don@kornfield.net Atty. I.D. #19242 THE FIRST NATIONAL BANK OF MERCERSBURG Plaintiff : IN THE COURT OF COMMON PLEAS OF : THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY BRANCH VS. CIVIL ACTION - LAW ANDREW C. MADEIRA and ; ANN E. MADEIRA Defendants #10-7762 NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA.R.C.P. 3129.2 TO: Andrew C. Madeira Your house (real estate) at 583 Miller Boulevard, Mechanicsburg, Pennsylvania, is scheduled to be sold at Sheriff s Sale on June 1, 2011, at 10:00 a.m. at: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 to enforce the courtjudgment of mortgage foreclosure in the monetary sum of $387,095.78 obtained by The First National Bank of Mercersburg against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to the mortgagee the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: Donald L. Kornfield at 717/762-8222. 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. You may also ask the Court to postpone the sale for good cause. 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 more 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 SHERIFF'S 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 price bid by calling Donald L. Kornfield at 717/762-8222. 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 Donald L. Kornfield at 717/762-8222. 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 due 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. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the sale. The schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses or ways of getting your property 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 Telephone Number: 800-990-9108 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. #10-7762 THE FIRST NATIONAL BANK OF MERCERSBURG VS. ANDREW C. MADEIRA and ANN E. MADEIRA ATTY: KORNFIELD AND BENCHOFF, LLP LEGAL DESCRIPTION ALL the following described real estate, lying and being situate in Monroe Township, Cumberland County, Pennsylvania, with a property address of 583 Miller Boulevard, Mechanicsburg, Pennsylvania, bounded and described as follows: BEGINNING at a point in Miller Boulevard (a 60 foot ultimate right-of-way) (T-621) at a common property corner of Lot No. 7 and Lot No. 8 as shown on the below referenced Final Subdivision Plan of Breeches Bend; thence from said point of beginning along said Not No. 7, South 74 degrees 40 minutes 59 seconds East, a distance of 427.78 feet to a point; thence continuing along said Lot No. 7 and Lot No. 6, North 14 degrees 59 minutes 52 seconds East, a distance of 402.01 feet to a point at Lot No. 4; thence along said Lot No. 4, Lot No. 3, Lot No. 2 and Lot No. 1, South 74 degrees 40 minutes 59 seconds East, a distance of 720.12 feet to a point at lands now or late of Tracy E. Clouser; thence along said lands now or late of Tracy E. Clouser South 13 degrees 36 minutes 23 seconds West, a distance of 222.92 feet to a point at lands now or late of Ralph S. Widener, et ux., and lands now or late of Gale Bear; thence along said lands now or late of Gale Bear, lands now or late of Robert W. and Cecelia Long, lands now or late of Gregory L. and Debra Lee Sheaffer, lands now or late of Darla L. Smith, lands now or late of Dennis A. Sheaffer, et ux. and lands now or late of W. Donald Rynard South 83 degrees 53 minutes 20 seconds West, a distance of 1,234.63 feet to a point in Miller Boulevard; thence through Miller Boulevard North 14 degrees 40 minutes 42 seconds East, a distance of 271.89 feet to a point, said point being the place of beginning. BEING identified as Lot No. 8 as shown on a plan of lots known as "Final Subdivision Plan for Breeches Bend" prepared by Hoover Engineering Services, Inc. dated September 23, 1997, approved February 26, 1998, and recorded March 11, 1998, in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 76 on Page 60. Said lot containing 344,418.67 square feet or 7.9068 acres. FURTHER UNDER AND SUBJECT TO the Protective Covenants and Restrictions set forth in that certain instrument recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 584 at Page 201. BEING the same real estate which Frederick L. Madeira and Carolyn G. Madeira conveyed to Andrew C. Madeira and Ann E. Madeira by deed dated July 24, 2002, and recorded in Cumberland County Deed Book Volume 252, Page 4217. TAX PARCEL #22-12-0348 " a4' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE FIRST NATIONAL BANK OF MERCERSBURG Plaintiff (s) From ANDREW C. MADEIRA AND ANN E. MADEIRA (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $387,095.78 L.L.$.50 Interest TO JUNE 1, 2011 -- $11,297.44 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $19,5 44 Other Costs Plaintiff Paid Date: 2/25/11 id D. Buel , Prothonotary (Seal) By: REQUESTING PARTY: Name: DONALD L. KORNFIELD, ESQUIRE Address: KORNFIELD AND BENCHOFF, LLP 17 NORTH CHURCH STREET WAYNESBORO, PA 17268 Attorney for: PLAINTIFF Telephone: 717-762-8222 Supreme Court ID No. 19242 NO10-7762 Civil CIVIL ACTION - LAW Deputy TRUE COPY FROM RECORD and whereof, 1 here unto set my hand the seal of said Court at Cariisie, Pa. This - day or' !a. 20 Prothonotary On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA, Known and numbered as, 583 Miller Boulevard, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 By: Rea Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2010-7762 Civil The First National Bank of Mercersburg VS. Andrew C. Madeira Ann E. Madeira Atty.: Donald L. Kornfield ALL the following described real estate, lying and being situate in Monroe Township, Cumberland County, Pennsylvania, with a prop- erty address of 583 Miller Boule- vard, Mechanicsburg, Pennsylvania, bounded and described as follows: BEGINNING at a point in Miller Boulevard (a 60 foot ultimate right- of-way) (T-621) at a common property corner of Lot No. 7 and Lot No. 8 as shown on the below referenced Final Subdivision Plan of Breeches Bend; thence from said point of beginning along said Not No. 7, South 74 de- grees 40 minutes 59 seconds East, a distance of 427.78 feet to a point; thence continuing along said Lot No. 7 and Lot No. 6, North 14 degrees 59 minutes 52 seconds East, a distance of 402.01 feet to a point at Lot No. 4; thence along said Lot No. 4, Lot No. 3, Lot No. 2 and Lot No. 1, South 74 degrees 40 minutes 59 seconds East, a distance of 720.12 feet to a point at lands now or late of Tracy E. Clouser; thence along said lands now or late of Tracy E. Clouser South 13 degrees 36 minutes 23 seconds West, a distance of 222.92 feet to a point at lands now or late of Ralph S. Widener, et ux., and lands now or late of Gale Bear; thence along said lands now or late of Gale Bear, lands now or late of Rob- ert W. and Cecelia Long, lands now or late of Gregory L. and Debra Lee Sheaffer, lands now or late of Darla L. Smith, lands now or late of Dennis A. Sheaffer, et ux. and lands now or late of W. Donald Rynard South 83 degrees 53 minutes 20 seconds West, a distance of 1,234.63 feet to a point in Miller Boulevard; thence through Miller Boulevard North 14 degrees 40 minutes 42 seconds East, a distance of 271.89 feet to a point, said point being the place of beginning. BEING identified as Lot No. 8 as shown on a plan of lots known as "Final Sub- division Plan for Breeches Bend" prepared by Hoover Engineering Services, Inc. dated September 23, 1997, approved February 26, 1998, and recorded March 11, 1998, in the office of the Recorder of Deeds in and for Cumberland County, Pennsylva- nia, in Plan Book 76 on Page 60. Said lot containing 344,418.67 square feet or 7.9068 acres. FURTHER UNDER AND SUBJECT TO the Protective Covenants and Restrictions set forth in that certain instrument recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 584 at Page 201. BEING the same real estate which Frederick L. Madeira and Carolyn G. Madeira conveyed to Andrew C. Madeira and Ann E. Madeira by deed dated July 24, 2002, and recorded in Cumberland County Deed Book Volume 252, Page 4217. TAX PARCEL #22-12-0348. 50 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 22, April 29, and May 6, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. risaMarie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 6 day of May 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4t?latriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/22/11 04/29/11 --- 05/06/11 ?y .......... Sworn to a ubscribed bef e 4isOy of May, 2011 A.D. i Notary Public COMMONWEALTH OF ?arlal Sen' ?'V-?._ Sherrie L. KWW NOLMY Lower PaXton ? Y m ' Publk ' DauPlWn county M ?om1 Member, Pennsyty Nov. 26' 201 f Assoctahon of NOtarle,, which to 3' pm?jwr a ` +f 59 Mows 51 ll3 t No. 2 to a poia atufdk'sorkp?y E: CYer:. Or 1w -k. T 36 ftimOki # of 222.02 h* at }ate Of R S q U,. M otlgww or lw t = o"m Akft said lands >roty at hft of Gale B=. I now or late of Robt" A' aed Ct4tha Long, lia* rr or }a#e of OpT. L*aew La smiler, 4.wo-o,w,if Dio. now OF i* $3, sr r . ?U 5a7GtlliB a, tf,of COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which The First National Bank of Mercersbur is the grantee the same having been sold to said grantee on the 1 day of June A.D., 202011, under and by virtue of a writ Execution issued on the 25 day of February, A.D., 202011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 7762, at the suit of The First National Bank of Mercersbur against Andrew C. Madeira and Ann E. Madeira is duly recorded as Instrument Number 201121377. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this A.D. aCU ll day of of R Mft of Deed, Cwbedand County, Carlisle, PA My Cammteelon Eon the First Monday of Jan. 2014 Donald L. Kornfield, Esq. Atty I.D. #19242 Andrew J. Benchoff, Esq. Atty I.D. #89159 Kornfield and Benchoff, LLP 100 Walnut Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 THE FIRST NATIONAL BANK OF MERCERSBURG Plaintiff VS. ANDREW C. MADEIRA and ANN E. MADEIRA Defendants r r 1=: 0 H0R0TA 1F_. .` 20312 FEB 29 PM 1: 12 CUMBERLAND COUNT`, PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY BRANCH CIVIL ACTION -LAW #10-7762 NON-MILITARY AFFIDAVIT Donald L. Kornfield, Esq. verifies that as of the filing of this affidavit, Defendants are not in the military or naval service based on the following facts: Andrew C. Madeira Age of Defendant: Last known place of employment Present place of residence: Ann E. Madeira Age of Defendant: Last known place of employment: Present place of residence: 48 Construction owner 5300 Augusta Drive #25 Greenville, SC 29605 48 Homemaker 5300 Augusta Drive #25 Greenville, SC 29605 The statements set forth in this affidavit are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: February 28, 2012 Attorney for Plaintiff