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HomeMy WebLinkAbout11-3539 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NORTHWEST SAVINGS BANK, NO. A.D. Plaintiff, Type of Document: nn COMPLAINT IN MORTGAGE V. FORECLOSURE MICHAEL L. McCOMMONS, JR. and REBECCA L. MCCOMMONS, - r : : -:; ? %%`? z7 rte Defendants. Filed on behalf of: Northwest Savings Bank, ,?-?. ,,. b- Plaintiff n ?o =' == cs Counsel of Record for This Party: Kurt L. Sundberg, Esq. Supreme Court I.D. No. 56844 Marsh Spaeder Baur Spaeder & Schaaf, LLP Suite 300, 300 State Street Erie, PA 16507 (814) 456-5301 oa'ki e`'M.co pd a Olkif R'f a57l.75 -NORTHWEST SAVINGS BANK,- -- I' THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL L. McCOMMONS, JR. and CIVIL ACTION - LAW REBECCA L. McCOMMONS Defendant = NO. TO: Michael L. McCommons, Jr. 304 Oakville Road Shippensburg, PA 17013 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 ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 MARSH SPAEDER BAUR SPAEDER & SCHAAF, LLP By rt L. Su be Attorneys fbr'Plaintiff 300 State Street, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 NORTHWEST SAVINGS BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL L. McCOMMONS, JR. and REBECCA L. McCOMMONS Defendant CIVIL ACTION - LAW NO. TO: Rebecca L. McCommons 536 C Street Carlisle, PA 17013 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 ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 MARSH SPAEDER BAUR SPAEDER & SCHAAF, LLP By L Kro, L. Sun er e ys f laintiff 300 State Street, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 NORTHWEST SAVINGS BANK, Plaintiff V. MICHAEL L. McCOMMONS, JR. and REBECCA L. McCOMMONS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the plaintiff, Northwest Savings Bank, by its attorneys, Marsh Spaeder Baur Spaeder & Schaaf, LLP, and files the following Complaint in Mortgage Foreclosure and avers as follows: 1. The plaintiff is Northwest Savings Bank, a bank organized under the laws of the Commonwealth of Pennsylvania with its principal offices situate at 100 Liberty Street, Warren, Pennsylvania 16365 (hereinafter referred to as "Northwest"). 2. The defendant, Michael L. McCommons, Jr. is an adult individual who resides at 304 Oakville Road, Shippensburg, Pennsylvania 17013. The defendant, Rebecca L. McCommons is an adult individual who resides at 536 C Street, Carlisle, PA 17013. Michael L. McCommons, Jr. and Rebecca L. McCommons are hereinafter referred to as the "Defendants." 3. At all times material to Northwest's cause of action, the Defendants have been the owners of a parcel of land and building situate in the Township of North Newton, County of Cumberland, and Commonwealth of Pennsylvania, described as follows: All that certain piece or parcel of land situate in the Village of Oakville, Township of North Newton, County of Cumberland and Commonwealth of Pennsylvania bounded and described as follows: BEGINNING at a point in the public road leading from the Turnpike to Pieffer's Mills at corner of land of R.B. Mouer; Thence along said road southeastwardly seventy and three-fourths (70 %) feet, more or less; Thence by lands now or formerly of David D. Smith, southwestwardly one hundred sixty-nine (169) feet, more or less; Thence by the same and by lands now or formerly of Samuel J. Miller, northwestwardly seventy-four and one-fourth (74 1/4) feet, more or less; Thence by lands formerly of John Gruver, now or formerly of R. B. Mouer, northeastwardly one hundred twenty-eight (128) feet, more or less; Thence by the same and parallel with said road southeastwardly three and one-half (3 1/2) feet, more or less; Thence by the same, northeastwardly forty-one (41) feet, more or less, to the place of beginning. Being commonly known as 304 Oakville Road, Shippensburg, Pennsylvania and being further identified by Cumberland County Tax Parcel No. 30-25-0116-020. Being the same property conveyed to Michael L. McCommons, Jr. and Rebecca L. McCommons, by Deed dated October 4, 2002 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Record Book 253, Page 4959. (hereinafter referred to as the "Property"). A true and correct copy of said Deed is attached hereto, is incorporated herein by reference, and has been marked EXHIBIT "A." 4. On August 26, 2005, in consideration of the loan of $20,100.00 made by Northwest to Defendants, Defendants executed and delivered to Northwest a Note secured by a Mortgage on the Property above described in the principal amount of $20,100.00, obligating the Defendants to pay the sum of $184.98 per month, which payments were due on or before the second (2nd) day of each month, with interest on the unpaid principal balance from the date of said Note, until paid, at the rate of 7.375% per year. A true and correct copy of the said Note is attached hereto, is incorporated herein by reference, and has been marked EXHIBIT "B." Said 2 Mortgage is recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 1921 at Page 4749, and a true and correct copy of the relevant portions of the said Mortgage is attached hereto, is incorporated herein by reference, and has been marked EXHIBIT "C." 5. Pursuant to the terms of said Mortgage above recited and its accompanying Note, failure to make a monthly payment when due constitutes a default. 6. The Defendants have defaulted in their required monthly payments by failing and refusing to pay Northwest the required monthly payments of principal and interest for the months of October through December of 2010 and January through March of 2011. The last monthly payment was applied to the payment due for September of 2010, and the total delinquency amounts to six (6) months. Northwest has made repeated demands on the Defendants to pay said monthly payments, but without success. 7. As of March 10, 2011 the total arrearages due and owing Northwest is $1,189.84. 8. As of March 10, 2011, the total amount due and owing Northwest by the Defendants (i.e. the payoff) is $17,400.24. 9. As of the anticipated Sheriff's Sale date, the amount due Northwest will be: Principal Balance $16,881.18 Interest to 09/07/11, anticipated date of Sheriff's Sale 995.77 Late charges to 09/07/11, anticipated date of Sheriff's Sale 207.88 Collection Fee 1,900.00 TOTAL $19,984.83 Plus all costs of any kind or nature. 10. Northwest certifies that notice of intention to foreclose was given to Defendants by Northwest pursuant to Section 403 of Act No. 6 of the General Assembly of the Commonwealth of Pennsylvania. True and correct copies of said Notice of Intention to Foreclose sent to Defendants and certified mail receipts and domestic return receipts showing 3 -mailing and -receipt or nonreceipt by the Defendants of said Notice are attached hereto-, are incorporated herein by reference, and have been marked EXHIBIT "D." 11. Northwest has given the Defendants notice pursuant to Section 1680.403c of Article IV-C of the Pennsylvania Housing Finance Agency Law, known as the Pennsylvania Homeowner's Emergency Mortgage Assistance Act. True and correct copies of said Notice sent to Defendants and certified mail receipts and domestic return receipts showing mailing and receipt or nonreceipt by the Defendants of said Notice are attached hereto, are incorporated herein by reference, and have been marked EXHIBIT "E." The Defendants have not met with Northwest or an approved consumer credit counseling agency within thirty-three (33) days after the postmark date of said Notice. WHEREFORE, plaintiff demands judgment against the Defendants in the amount of $19,984.83, plus costs of suit, Sheriffs Sale and foreclosure and sale of the mortgaged Property. Respectfully submitted, MARSH SPAEDER BAUR SPAEDER & SCHAAF, LLP By Kurt . Suidberg f Att s for Plaintiff 300 State Street, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 Exhibits Attached: "A" Deed "B" Note "C" Mortgage "D" Notice of Intention to Foreclose Mortgage, together with Certified Mail Receipts and Domestic Return Receipts "B" Notice Under Homeowner's Emergency Mortgage Assistance Act, together with Certified Mail Receipts and Domestic Return Receipts 4 NORTHWEST SAVINGS BANK., IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL, L. McCOMMONS, JR. and CIVIL ACTION - LAW REBECCA L. McCOMMONS Defendant NO. VERIFICATION I, Cynthia M. Diethrick, Acquisition Coordinator for Northwest Savings Bank, hereby verify that the facts contained in the within Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belie, This statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities and is given pursuant to the provisions for verification of pleadings as defined and provided for in Rule 1024 of the Pennsylvania Rules of Civil Procedure. Cynt a M. Diethrick Acquisition Coordinator Northwest Savings Bank Received: Jul 29 2009 02:38pm 07/9/2009 14:58 FAX 763 1907 REAGER&ADLER 1/7 P. %E:CORDER OF DEEDS '?MBERLAND COUNTY-rY, QZ OCT 10 RM 9 18 PARCEL #: 30-25-0116-020 THIS DEED IM 004 MADE THE 4t" day of October, in the year of our Lord Two Thousand Two (2002) BETWEEN MIZ'HAEL L. McCOMMONS, JR. and REBECCA L. MORROW, now by reason of marriage, REBECCA L. McCOMMONS, husband and wife, of Cumberland County, Pennsylvania, hereinafter (Grantors) and MI "HAEL L. McCOMMONS, JR. AND REBECCA L. McCOMMONS, husband and wife, of Cumberland County, Pennsylvania hereinafter (Grantees) WITNESSETH, that in consideration of One Dollar and 00/100 ($1.00) 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 as tenants by the entireties. ALL that certain tract of land situate in the Village of Oakville, in the Township of North Newton, County of Cumberland and Commonwealth of Pennsylvania bounded and described as follows: BEGINNING at cI point in the public road leading from the Turnpike to Pieffer's Mills at corner of land of R.B. Mouer; thence along said road southeastwardly seventy and three-fourtl-is (70 3/) feet, more or less; thence by lands now or formerly of David D. Smith, southwastwardly one hundred sixty-nine (169) feet, more or less; thence by the same and by lands now or formerly of Samuel J. Miller, northwestwardlyr seventy-four and one-fourth (74'/4) feet, more or less; thence by lands formerly of John Gruver, now or formerly of R.B. Mouer, noutheastwardly one hundred twent,r-eight (128) feet, more or less; thence by the same and parallel with said road southeastwardly three and one-half (3 1/2 ) feet, more or less; thence by the same, northeastwardly forty-one (41) feet, more or less, to the place of BEGINNING. BEING the same: premises which, husband and wife, by Deed dated November 22, 1996, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberlanc County in Deed Book 149, Page 698, granted and conveyed to Michael L. McCommons, Jr. and Rebecca L. Morrow, Grantors herein. THIS is a conveyance from husband and wife to husband and wife and therefore exempt from Pennsylvania Realty Transfer Tax. EXHIBIT J?i 49-59 a A Received: 07/29/2009 14:58 FAX 763 1907 REAGER&ADLER Jul 29 2009 02:99pm AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. 11005 IN WITNESS WHEREOF, sold grantors have hereunto set their hands and seats the day and year above written. SIGNED, SEALED AND DELIVERED IN THE PRE C E I? 4 4-44"' W 001, Michael L. McCo mons, Jr. - R ecca L. M o Rebecca L. McCommons COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : ss On this, the 4th day of October, 2002 before me, the undersigns personally appiwared Michael L. McCommons, Jr., known to me (or satisf y proven) to be t -re persons whose name is subscribed to the within instru acknowledged that he executed the same for the purposes therein corgi ,. iN W1TNE;-S WHEREOF, I hereunto y hand an official seal. , ?,r?.,,. NVOK RlNEE l ..' URFAY, Natw PUbMa GIN f Sara, MnbwhM Oo., FA AL) byCommluM M DOW Dnwrbrr It 2 tle of Officer I do hereby certify that the precise residence and complete post office address of the within named grantees is 304 Oakville Road, Sh Rpensburg, PA 17257. DATED: October 4, 2002 Carol J. Li Vs , Esq. Attorney rantee COMMONWEALTH OF PENNSYLVANIA: County of :ss RECORDED on this day of I Certify this to be recA.&2, In the Recorder's office of the In Cumberlan J Countyjbos °unty, in Deed Book Vol. ive under my hand and the seal of the said e date above written. Recorder. R CO.?rder of Deeds Boon 253 FACE-4-960 N(_'?, Disclosure, and Security Agree t Lender Northwest Savings Bank-Br180 Borrower Michael L McCommons Jr, Rebecca L PO Box 960, 10 W Chocolate Ave McCommons Hershey, PA 17033 304 Oakville Rd Shippensburg, PA 17257 ? Refer to the attached addendum for additional Borrowers and their signatures. Loan Number 1805066598 Loan Date 08/26/2005 Maturity Date 09/02/2020 Loan Amount 20,100.00 _ Renewal of W Annual Percentage Rate Finance Charge Amount Financed Total of Payments The cost of my credit as a yearly The dollar amount the credit will The amount of credit provided to me The amount I will have paid when I rate. cost me. or on my behalf. have made all scheduled payments. 7.459% $ 13,306.09 $ 20,000.00 $ 33,306.09 My Payment Schedule Will Be: "e" means an estimate. Payments Amount of Payments When Payments Are Due Total of Payments includes principal, interest. and monthly insurance premiums, if applicable. 179 $ 184.98 Monthly beginning 10/02/2005 1 $ 194.67 09/02/2020 Demand. ? This note has a demand feature. ? This note is payable on demand and all disclosures are based on an assumed maturity of one year. Prepayment. If I pay off this note early, I ? may ® will not have to pay a minimum finance charge. ® If I pay off this note early, I will not be entitled to a refund of part of the additional finance charge. ® Late Charge. If a payment is late (more than 15 days after due) I will be charged 10.000% of the unpaid payment amount, or $20.00, whichever is greater. Security. I am giving a security interest in: ? the goods or property being purchased. ? collateral securing other loans with you may also secure this loan. ® (brief description of other property) 304 Oakville Rd Shippensburg PA 17257 Filing Fees. $ 38.50 Non-filing Insurance. $ ? Required Deposit. The annual percentage rate does not take into account my required deposit. ® Assumption. Someone buying the property securing this obligation cannot assume the remainder of the obligation on the original terms. Contract Documents. I can see my contract documents for any additional information about nonpayment, default, any required repayment before the scheduled date, and prepayment refunds and penalties. Promise to Pay. For value received, I promise to pay to you, or your order, at your address above, the principal sum of $ 20, 100. 00 plus interest from 08/31/2005 at the rate of 7.375 % per year until 09/02/2020 Interest accrues on a 365/365 basis. I agree to pay late charges in accordance with the provisions shown in the Truth-in-Lending Disclosures. The purpose of this loan is Refinancing Payment. I will pay this note as follows: ? Interest due Principal due ® This note has 180 payments. The fast payment will be in the amount of $ 184.98 and will be due 10/02/2005 . A payment of $ 184.98 will be due on the 2nd day of each month thereafter. The final payment of the entire unpaid balance of principal and interest will be due 09/02/2020 Post-Maturity Interest. Interest will accrue after maturity on the unpaid balance of this note on the same basis as interest accrues before maturity, unless a specific post-maturity interest rate is agreed to in the next sentence. ® Interest will accrue at the rate of 7.375 % per year on the balance of this note not paid at maturity, including maturity by acceleration. ? Other Tarms. Amount given m me directly $ 2,201.10 Amount paid on my (loan) account Amount paid to others on my behalf (You may retain or receive a portion of these amounts.) To insurance companies $ To public officials $ CBUSASEARS $ 8,731.90 MBNA AMERICA $ 9,067.00 (less) Prepaid Finance Charge(s) $ 100.00 AmountFhtenced $ 20,000.00 Security. To secure the obligations of this Loan Agreement, I give you a security interest in the Property described below: 1.) Property located at: 304 Oakville Rd Shippensburg PA 17257 ® Additional Finance Charge. I also agree to pay a nonrefundable fee of $ 100.00 , and it will be ? paid in cash. ? paid pro rata over the loan term. ® withheld from the proceeds. (If this fee is withheld from the proceeds, the amount is included in the principal sum.) ? All Debts. The Property will also serve as collateral for El Minimum Finance Charge. I agree to pay a minimum finance charge of all present and future debts. $ if I pay this note off before you have earned that much in ® Other Security. This Loan Agreement is secured by BIT finance charges. A Mortgage/Deed of Trust ® Returned Pa yment Fee. I agree to pay a service charge of $ 5.00 for each payment (check or automatic payment) returned unpaid. i 6cl5Ew- " Simple Interest Note, Disclosure, and Security Agreement Consumer Loan - Not for Open-End Credit (D 2002 Bankers Systems, Inc., St. Cloud, MN Form NDaS-SI-PA 6/1/2002 Page 1 of 3 (M-C617(PA) (0210) VMPMORTGAGEFORMS -18001521-7291 mosommon? Definitions. As used in this Loan Agreement, pX indicates terms that apply to this Loan Agreement. Loan Agreement refers to this Promissory Note, Security Agreement, and Truth in Lending Disclosures, and any extensions, renewals, modifications, and substitutions of this Loan Agreement. Loan refers to this transaction generally, including obligations and duties arising from the terms of all documents prepared or submitted for this transaction, such as applications, security agreements, disclosures, or notes, and this Loan Agreement. Security Agreement refers in the security agreement contained within this Loan Agreement. Secured Debts refers to all sums advanced to you under the terms of the Loan Agreement, and all present and future debts (if the All Debts subsection of the Security Agreement has been checked). The pronouns I, me and my refer to each Borrower signing this Loan Agreement, individually and together with their heirs, successors and assigns, and each other person or legal entity (including guarantors, endorsers, and sureties) who agrees to pay this Loan Agreement. You and your refer to the fender and its successors and assigns. Advance Procedure And Means. You will advance the loan proceeds by way of check, cash, wire transfer, credit to an account or any combination as you and I agree. The advance(s) will occur upon consummation of the loan and as you and I agree, except that no advance(s) will occur until after three business days from the date of consummation if the loan is rescindable pursuant to Regulation Z (12 C.F.R. § 226). Payments. Unless otherwise provided in the Other Terms section, each payment I snake on this Loan Agreement will be applied first to any charges I owe other than principal and interest, then to interest that is due, and finally to principal that is due. No late charge will be assessed on any payment when the only delinquency is due to late fees assessed on earlier payments and the payment is otherwise a full payment. The actual amount of my final payment will depend on my payment record. Interest. Interest will accrue on the unpaid principal balance until paid in full. For interest calculation, the accrual method will determine the number of days in a year. The interest rate and other charges on this Loan Agreement will never exceed the highest rate or charge allowed by law for this loan. If the amount collected is found to exceed the highest rate or charge allowed, you will refund an amount necessary to comply with the law. Post-Maturity Interest. Interest will accrue on the principal balance remaining unpaid after final maturity at the rate specified in this Loan Agreement. For purposes of this section, final maturity occurs on any of the following dates. . If this Loan Agreement is payable on demand, on the date you make demand for payment. • If this Loan Agreement is payable on demand with alternate payment date(s), on the date you make demand for payment or on the final alternate payment date, whichever is earlier. On the date of the last scheduled payment of principal. • On the date you accelerate the due date of this Loan Agreement (demand immediate payment). • Upon the entry of judgment on this note and applies to amounts owed under this note or under any such judgment until paid in full. Prepayment. I may prepay this Loan Agreement in whole or in part at any time. Any partial prepayment will not excuse any later scheduled payments until 1 pay in full. Commissions. I understand and agree that you (or your affiliate) will earn commissions or fees on any insurance products, and may earn such fees on other services that I buy through you or your affiliate. Warranties and Representations. I have the power and authority to enter into this Loan Agreement. The execution and delivery of this Loan Agreement will not violate any agreement governing me or my property, or to which I am a party. I own all of the Property, unless otherwise agreed and disclosed to ou in writing. Your claim to the Property is ahead of the claims of any other creditor, except as disclosed in writing to you prior to any advance on the Secured Debts. The Property has not been and will not be used for any purpose that would violate any laws or subject the Property to forfeiture or seizure. Default. Subl ect to any limitations in the Real Estate or Residence Security section, I will be in default if any of the following occur. • I fail to make a payment when due. • I fail to perform any condition or keep any promise of this or any agreement I have made with you. Remedies. Subject to any limitations in the Real Estate or Residence Security section, after I default, and after you give any legally required notice and opportunity to cure the default, you may at your option do any one or more of the following. Make all or any part of the amount owing by the terms of this Loan Agreement due. Use any and all remedies you have under state or federal law, or in any instrument securing this Loan Agreement. • Make a claim for any and all insurance benefits or refunds that may be available on my default. Set off any amount due and payable under the terms of this Loan Agreement against my right to receive money from you, unless prohibited by law. • Make amounts advanced on my behalf due and add those amounts to the balance owing under the terms of this Loan Agreement. • Require me to gather the Property and make it available to you in a reasonable fashion (unless prohibited by law); keep or dispose of the Property as provided by law; apply the proceeds to your expenses of collection and enforcement and then to the Secured Debts; and, unless prohibited by law, and following any required notice of deficiency, hold me liable for any deficiency if what you receive from the sale does not satisfy the Secured Debts . By choosing any one or more of these remedies you do not give up your right to use any other remedy. You do not waive a default if you choose not to use a remedy. By electing not to use any remedy, you do not waive your right to later consider the event a default and to use any remedies if the default continues or occurs again. Real Estate or Residence Security. If this Loan Agreement is secured by real estate or a residence that is personal property, the existence of a default and your remedies for such a default will be determined by applicable law, by the terms of any separate instrument creating the security interest and, to the extent not prohibited by law and not contrary to the terms of the separate security instrument, by this Loan Agreement. E5(fx--2: Simple Interest Note, Disclosure, and Security Agreement (D 2002 Bankers Systems, Inc., St. Cloud, MN Form NDaS-SI-PA 6/l/2002 (0 C6171PA1 (0210) Waivers. To the extent ?)rohibited by law, I waive protest, presentment for payment, demand, notice'2acceleration, notice of intent to accelerate, and notice of dishonor. You may renew or extend payments on this Loan Agreement, regardless of the number of such renewals or extensions. You may release any Borrower, endorser, guarantor, surety, accommodation maker, or any other cosigner. You may release, substitute, or impair any Property securing this Loan Agreement. Collection Expenses and Attorneys' Fees. On or after Default, to the extent permitted by law, I agree to pay all reasonable expenses of collection, enforcement, or protection of your rights and remedies under this Loan Agreement. Expenses include, but are not limited to, atmmeys' fees, coup costs and other legal expenses. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the rate provided in the terms of this Loan Agreement. All fees and expenses will be secured by the Property I have granted you, if any. To the extent permitted by the United States Bankruptcy Code, I agree to pay the reasonable attorneys' fees you incur to collect this debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. General Provisions. This Loan Agreement is governed by the laws of Pennsylvania, the United States of America, and to the extent required, by the laws of the jurisdiction where the Property is located. If two or more Borrowers sign this Loan Agreement, we are liable to repay jointly and severally. This Loan Agreement is the complete and final expression of our agreement. No modification of this Loan Agreement is effective unless made in writing and signed by me and you. The duties and benefits of this Loan Agreement will bind and benefit the successors and assigns of me and you. If any provision of this Loan Agreement is unenforceable, then the unenforceable provision will be severed and the remaining provisions will be enforceable. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to my last known address. Notice to one parry will be deemed to be notice to all gparner. Where a notice is required, I agree that 10 days prior written notice will be reasonable notice to me under the Uniform Commercial Code or other applicable state law. I will provide you any financial statement or information you request. All financial statements and information I give you will be correct and complete. My name and address are my exact legal name and my principal residence. I will provide you with at least 30 days notice prior to changing my name or principal residence. An provisions that appoint you as an agent are not subject to the provisions of 20 Pa:C:S.A. Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code). By exercising any of your rights under this note, you do so for your sole benefit. I agree to sign, deliver, and file any additional documents or certifications that you may consider necessary to perfect continue, and preserve my obligations under this Loan and to confirm your lien status on any Property. Generally. Property means any collateral described in this Loan Agreement in which I have an interest, now or in the future, wherever the Property is or will be located, and all proceeds and products from the Property. Property includes all parts, accessories, repairs, replacements, improvements, and accessions to the Property; any original evidence of tide or ownership; and all obligations that support the payment or performance of the Property. If the All Debts subsection is checked, the Property also secures all present and future debts, even if this Loan Agreement is not referenced in the debt instrument, the future debts are also secured by other collateral, or if the future debt is unrelated to or of a different type than this debt. Nothing in this Loan Agreement is a commitment to make future loans or advances. This Loan Agreement will not secure any debt for which you fail to give any required notice of the right of rescission (i.e., right to cancel), or any debt for which a non-possessory, non-purchase money security interest is created in household goods in connection with a consumer Loan, as those terms are defined by federal law governing unfair and deceptive credit practices. Purchase Money Security Interest. If this is a purchase money loan (the loan proceeds are used to purchase the collateral), I authorize you, at your option, to disburse the loan proceeds directly to the seller of the Property. The portion of the Property purchased with loan proceeds will remain subject to your purchase money security interest until the Secured Debts are paid in full. Payments on any non-purchase money loan also secured by this Security Agreement will not be applied to the purchase money loan. Payments on the purchase money loan will be applied fast to the non-purchase money portion of the loan, if any, and then to the purchase money portion in the order in which the purchase money Property was acquired. If the purchase money Property was acquired at the same time, then payments will be applied in the order you select. No security interest will be terminated by application of this formula. Waivers. I waive all claims for loss or damage caused by your acts or omissions where you acted reasonably and in good faith. I waive all rights I have now or in the future to a homestead or personal property exemption in the Property. Assumptions. Someone buying the Property cannot assume the obligation. You may declare the entire balance of the Loan Agreement to be immediately due and pa able upon the creation of, or contract for the creation of, a transfer or sale of the Property. Perfection of Security Interest. I authorize you to file a financing statement covering the Property. I agree to comply with, facilitate, and otherwise assist you in connection with perfecting your security interest under the Uniform Commercial Code. Duties Toward Property. I will protect the Property and your interest against any competing claim. Except as otherwise provided in this Loan Agreement, I will keep the Property in my possession at the address indicated in this Loan Agreement. I will keep the Property in good repair and use it only for personal, family, or household purposes. I will immediately inform you of any loss or damage to the Property. You have the right of reasonable access to inspect the Property. I will keep books, records, and accounts about the Property and my assets in general, to which I will allow you reasonable access. I will pay all taxes and assessments levied or assessed against me or the Property. I will not sell, lease, license, or otherwise transfer or encumber the Property without your prior written consent. You do not authorize any sale or other disposition of the Property. Any sale or disposition you do not authorize will violate your rights. If I pledge the Property to you (deliver the Property into your, or your designated third party's possession or control), I will, upon receipt, deliver any proceeds and products of the Property to you. I will provide you with any notices, documents, financial statements, reports, and other information relau.ng to the Property I receive as the owner of the Property. Consumer Loan - Not for Open-End Credit Page 2 of 3 Insurance. I agree to keep the Property insured a t the risks reasonably associated with the Property until the Property is re" ':mod from this Security Agreement. I may provide the required insurance through an existing policy of insurance that I own or control, or through a policy that I buy. I have free choice in the selection of an insurance company, subject to applicable law. I will maintain this insurance in the amounts you require and have the insurance company name you as loss payee on any insurance policy. I will give you and the insurance company immediate notice of any loss. You may apply the insurance proceeds toward what is owed on the Secured Debts. If the insurance proceeds do not cover the amounts I owe you, I will pay the difference. You may require additional security as a condition of permitting any insurance proceeds to be used to repair or replace the Property. If you acquire the Property in damaged condition, my rights to any insurance policies and proceeds will pass to you to the extent of the Secured Debts. I will immediately notify you of cancellation or termination of insurance. I am required to maintain insurance on the Property to protect your interest. If I fail to maintain the required insurance, or fail to provide you with evidence of insurance, I understand and agree to the following. • You may (but are not required to) place insurance on the Property to protect your interest, which will not cover my equity in the Property. . The insurance you provide may be written by a company other than one I would choose and may be written at a higher rate than I could obtain if I purchased the insurance. • I will pay for the costs of any Property insurance you provide. Authority to Perform. I authorize you to do anything you deem reasonably necessary to protect the Property and your security interest in the Property. If I fail to perform any of my duties under this Loan Agreement, you are authorized, after providing me with any required notice and opportunity to perform, to perform the duties or cause them to be performed and add the costs of performance to the Secured Debts. These authorizations include, but are not limited to, permission to pay for the repair, maintenance, and preservation of the Property and taking any action to obtain or preserve the benefits and rights of the Property. Your authority to perform for me will not create an obligation to perform and your failure to perform will not preclude you from exercising any other rights under the law or this Security Agreement. If you come into actual or constructive possession of the Property, you will preserve and protect the Property to the extent required by law. Your duty of rare with respect to the Property will be satisfied if you exercise reasonable care in the safekeeping of the Property or in the selection of a third parry in possession of the Property. For the purposes of the provisions within this enclosure, I, me or my means the person signing below and you means the Lender identified in this Loan Agreement. I agree to give you a security interest in the Property that is described in the Security Agreement section. I agree to the terms of this Loan Agreement, but I am in no way personally liable for payment of the debt. This means that if the Borrower defaults, my interest in the secured Property may be used to satisfy the Borrower's debt. I agree that you may, without releasing me or the Property from this Third Party Agreement and without notice or demand upon me, extend new credit to any Borrower, renew or change this Loan Agreement one or more times and for any term, or fail to perfect your security interest in, impair, or release any security (including guaranties) for the obligations of any Borrower. I have received a completed copy of this Loan Agreement Attach FTC "Preservation of Consumer Claims and Defenses" Notice if Applicable. Credit Insurance. Credit life, credit accident and sickness (disability), and any other insurance coverage quoted below, are not required to obtain credit and you will not provide them unless I sign and agree to pay the additional premium. If I want such insurance, you will obtain it for me (if I qualify for coverage). You are quoting below ONLY the coverages I have chosen to purchase. Credit Life Premium ? Single ? Joint ® None Term Credit Disability Premium ? Single ? Joint ® None Term Premium ? Single ? Joint None Term Signature. My signature below means I want (only) the insurance coverage(s) quoted above. If "None" is checked, I have declined the coverage you offered. X i,- DOB X K CU p ?? (Y??1_?- DOB -a X DOB ? Single Interest Insu(__"?. I may obtain single interest insurance from anyone I want that is'acceptable to you. If I get the insurance from or through you I will pay $ for of coverage. ? Property Insurance. I may obtain property insurance from anyone I want that is acceptable to you. If I get the insurance from or through you I will pay $ for of coverage. Product refers to any insurance product or annuity I purchase from you. With regard to any Product I purchase from you, the following apply. • The Product is not a deposit account or other obligation of any depository institution or any affiliate of any depository institution. • The Product is not guaranteed or insured by any depository institution or any affiliate of any depository institution. • The Product is not insured by the Federal Deposit Insurance Corporation (FDIC). • The Product, except in the case of Federal Flood Insurance or Federal Crop Insurance, is not insured by any federal government agency. ? If this box is checked, there is investment risk associated with the Product, including the possible loss of value. By signing, I acknowledge that I have received a copy of this disclosure on today's date. Unless these disclosures are provided electronically or I have purchased the Product by mail, I also acknowledge that you have provided these disclosures to me orally. Date Date Date You (the cosigner) are being asked to guaranty this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay. You also may have to pay late fees or collection costs, which increase this amount. The creditor can collect this debt from you without first trying to collect from the borrower. The creditor can use the same collection methods against you that can be used against the borrower, such as suing you, etc. If this debt is ever in default, that fact may become part of your credit record. This notice is not the contract that makes you liable for the debt. By signing, I agree to the terms contained in this Loan Agreement. I also acknowledge receipt of a copy of this Loan Agreement on today's date. Cosigners. See Notice to Cosigner above before signing. Michael L McCommons Jr X W rra tk ff KZmrrrL-4 I- Rebecca L McCommons (Optional) Signed For Lender Title Assistant Manager 70 -73 E?t=r?•" Simple Interest Note, Disclosure, and Security Agreement Consumer Loan - Not for Open-End Credit (] 2002 Bankers Systems, Inc., St. Cloud, MN Form NDaS-SI-PA 611/2002 Page 3 of 3 (M C617(PA) Iozto) t { ' / ? ?s If (i V . ?1 h - r' -, #30-25-0116-020 Commonwealth of Pennsylvania SEP 2 M J 10 Space Above This Line For Recording Data MORTGAGE 1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is Aug 2-6, 2005 ----- ---------------- and the parties, their addresses and tax identification numbers, if required, are as follows: MORTGAGOR:Michael L McCommons Jr and Rebecca L McCommons 304 Oakville Rd Shippensburg, PA 17257 ? If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and acknowledgments. LENDER: Northwest Savings Bank-Br180 PO Box 960, 10 W Chocolate Ave Hershey, PA 17033 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender the following described property: #1805068598 Township of North Newton, County of Cumberland Book 253 Page 4959 Recorded 10/10/2002 The property is located in Cumberland _ -- (County) at 304 Oakville Rd -- -------- ----------- ---------- -- - - - - -- - ----------------- ------------------- ------- .... hi_ ppensburg----------- , Pennsylvania.... 17257 (Address) (City) (ZIP Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). 3. MAXIMUM OBLIGATION LIAHT. The total principal amount secured by this Security Instrument at any one time shall not exceed $ 20-,10 - 0 -,- 00 This limitation of amount ----------------------------------------- does not include interest and other fees and charges validly made pursuant to this Security Instrument. 4. SECURED DEBT. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below it is suggested that you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) A Promissory Note dated 08/26/2005 PENNSYLVANIA - SHORT FORM MORTGAGE - CLOSED END INOT FOR FNMA, FHLMC, FHA OR VA USE) (Pa a of4/ Ej(j5&-r-r-_ (D 1995 Bankers Systems, Inc., St. Cloud, MN Form SFMC-MTG-PA 7/5/2000 (M C392(PA) (oo11) VMP MORTGAGE FORMS (800)521-7291 BK 1921 PG4749 EXHIBIT c , El NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms and covenants contained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. -- ----_a6 U3 -. `??Q.CCAr.rnra- ----- -5 gn 4IM:L- L MCCOmmO (Dat - (Signature) Rebecca L M o o (Date) (Witness) (Witness) ACKNOWLEDGMENT: COMMONWEALTH OF - - - - - - Penn - sylvania--__- ___ , COUNTY OF ss. -------- (Individual) On this, the ----- 26th...... day of ----- August-..------ 005-. , before me _- Carol-_L--Espenshade the undersigned officer, personally appeared .----- Michael_ L_ McCo?nrgns1 Jr--:---a-nd--- Rebecca L MCCon mons, known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official se £R61 'Commission expires: L ------- -------- -- --- ------- -? ',IV 7' (Seal) Not ' Publ1C x r ---- a7 -- _ Title of Officer It is )eAy certified that the address of the Lender within named is: 10 W Chocolate Ave Hershey, PA 17033 61? --- W?A??? ttis to t)° recorded coti11ty/ PA r'` 0 1995 Bankers Systems, Inc.,,St. Cloud M C !a`--?dS/2000 ?.. .. (M C392(PA) (0011) O K I 921 PG4 752 NoaariW Seal Carol L Espenshade, Notary Public Derry Turp., Dauphin County My Commission Expires Aug. 31, 2006 Member, Pennsylvania Association of Notaries (page 4 of 4) ZOQirlii P. ZIECLER 2 RECORDER OF DEEDS -'MBERLAND COUNTY-r,', 02 OCT 10 RM 9 18 PARCEL ?; 30-26.0116-020 THIS DEED MADE THE 4t' dory of October, in the year of our Lord Two Thousand Two (2002) BETWEEN MICHAEL L. MCCOMMONS, JR. and REBECCA L. MORROW, now by reason of marriage, REBECCA L. MCCOMMONS, husband and wife, of Cumberland County, Pennsylvania, hereinatter (Grantors) and MICHAEL L. McCOMMONS. JR. AND REBECCA I., MCCOMMONS, ?? husband and wife, of Cumberland County, Pennsylvania hereinafter (Grantees) WITNESSEt'H, that in consideration of One Dollar and 00/100 ($1.00) 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 as tenants by the entireties. ALL that certain tract of land situate in the VIII09e of Oakville, in the Township of North Newton, County of Cumberland and Commonwealth of Pennsylvania bounded and described as follows: BEGINNING at a point in the pubfe road leading from the Tumpke to Pieffer's Mills . Y, at corner of kind of R.B. Mouer; thence 010110 said road southecrstwordly seventy and three-fourths (70 a/.) feet, more or less; thence by lands now or formerly of David D. Smith, southv estwardly one hundred sixty-nine (169) feet, more or less; thence by the some and by lands now or formerly of Samuel J. Mi8er, northwestwordly seventy-four and one-fourth (74'/.) feet, more or less; thence by lands formerly of John Gruver, now or formery of R.B. Mauer, northeasfwardly one hundred twenty-eight (128) feet, more or less; thence by the some and parallel with said road southeasfwordily three and one-half (3 %2 ) feet, more or less; thence by the some, northeastwordly forty-one (41) feet, more or less, to the place of BEGINNING. BEING the some premises which, husband and wife, by Deed dated November 22, 1996, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed gook 149, Page 698, granted and conveyed to Michael L. McCommons, Jr. and Rebecca L. Morrow, Grantors herein. THIS is a Conveyance from husband and wife to husband and wife and therefore gxempt from Pennsylvania Really Transfer Tax, 1921PG4753 ACT 91 NOTICE Date 12M10 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort a e on our home is in default and the lender intends to foreclose. Specific in orma ion about the nature o the a u is prove a in e attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice ex7ams ow a program wor s. To see if HEMAP can hel ou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS 01-- 1 HE IJATE F_7 ICE I a e is notice with you when you meet with the ounse ing Agency. The name. address and Phone number of Consumer Credit Counselii aencies snec nQ Vour?Cou?nty are listed at the end - -Fa of thiiss No i ce. ff ou have an ues ions. ou ma ca a enns Lam mmance FC enc fotf free a - ersons with impaired earn can call (7 17) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Aency may be able to help explain it. You may also want to contact an attorney in your area. TRe local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNATRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRA A LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HI POT EGA. HOMEOWNER'S NAME(S): Michael L McCommons and Rebecca L McCommons PROPERTY ADDRESS: 304 Oakville Rd Shippensburg Pa 17257 LOAN ACCT. NO.: 1805(068598 ORIGINAL LENDER: Northwest Savings Bank CURRENT LENDER/SERVICER: Northwest Savings Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE .ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. rider the Act you are entitled to a temporary stay of foreclosure on ) from the date of this Notice. During that time you must arrange imer credit counseling agencies listed at the end of this Notice. 1 you meet with one of the consumer credit counse action against you for thirty (30) days after the date of nated consumer credit counseling agencies for the co Notice. is on iv necessary to schedule one ce- o= APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this No Ice see o owing pages or s ea c information aut the nature of your default.) If you have tried and are unable to resolve this problem with the lender you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To 8o 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 ofthis Notice. Only consumer credit counseling agencies have applications for the prooggram. and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU SHOULD FILE A HEM" 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 WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED -TEMPORARY STAY OF FORECLOSURE.- YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE 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 FORCL03URE WILL BE STOPPED. AGENCY ACTION-Available funds for emerggency mortgage assistance are very limited. They will be disbursed by the Agency un er e e igi, i i c ena 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. 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 aDDN for Emeraencv Mortaaae Assistance.) A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Oct.2010 - $184.98, Nov. 2010 - $184.98, Dec. 2010 - $184.98. EXHIBIT Principal 554.94 Escrow 0 Interest $ 0 Late Charges $ 19.96 Other charges exp ain/itemiziT r,. TOTAL AMOUNT PAST DUE $574.90 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HEMA Rev. 5, page 1 7199 - D CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY !G THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 574.90 PLUS ANY MORTGAGE RENTS AND LATE tRGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's ,eck. certified check or money order made Davable and sent to: Northwest Savings Bank P.O. Box 337. 100 Liberty St. Warren, Pa. 16365 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if iot applicable.) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this '4otice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly nstallments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to nstruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. THIRTY (30) DAY period and foreclosure proceedings have begun, you have not cured the default within the mortgage. Curing your default in the manner as if you had never defaulted. will restore your mortgage to the same 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 -A -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: Northwest Savings Bank Address: P.O. Box 337, 100 Liberty St. Warren, Pa. 16365 Phone Number: 1-800-697-2127 Fax Number: 1-814-728-7740 Contact Person: Leslie Hulings EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You ? may or ® may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY 0 CREDIT COUNSELING AGENCIES ARE LISTED ON THE ATTACHED PAGE PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 East High Street Gettysburg, PA 17325 (717)334-1518 CCCS of Western Pennsylvania 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship Inc. 2320 North 5th Street Harrisburg, PA 17110 717-232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717-762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 717-780-3940 or 800-342-2397 m cc p Postage $ 17- Cen:fied Fee rq C7 Return Receipt Fee p (Endorsement Required) C3 Restricted Delivery Fee C3 (Endorsement Required) u"1 r U Total Postage & Fees $ rU Cr nt o o - ------------- E3 s«e°r. iH'7do.: )?- or PO Box No. m tl?PLfL:/[YtCyNf://t?/f/l•N1U7!/7.'I!/rl1LK:ZlI?7?L:7?IiFllli(/' c _D! For delivery information visit C3 .L . Postage IS Postmark Cabled Fee Here Retum Recipt Fee 3 (Endorsemet Ruired) O Restricted Delivery Fee (Endorsement Required) Total Postage & Fees CD Olif: a Zi r-: -- ,?, r-9 ----- . - -- IM or PO So;, Ab. i / 7-? b f ? CC, 04 3 k m N erl- 4 d O woo YOS = a `. 81GlIL AT gsodasu :4 k4y j5HO -? W.- Ir m co TI _n u- M•t m c r x _ p co (A h oC !t LA 0 O ` o V U U Q U-) C3 co W¢z W U ..a to ----?-? W p o C3 W M ? C x j ?, - 0.' Lo u C) • ?i m ? m z W?L to ?Qm zz w ZV a ? U) m®w c w w Im ?w > 1 ED D to ?Qmmw w Y ?.•?EN z p 0Qma w ?? mw ¢ 0>awpw > ?zo?c7a w Lmm¢ ¢ O\Q.w Ow ZM3°a? z ?JQ/mod - w ?W3°a3 z w ¢ w a , w w © to = t3 o O - D 3 -? - Idoo 0 Vl L! ?. x = OHO - az o - w z M Ft - N? is t ij? ACT 91 NOTICE Date 122010 TAKE ACTION TO SAVE YOUR HOME FROM V? FORECLOSURE This is an official notice that the morta e on our home is in default and the lender intends to foreclose. Specific information about a na ure c e e u is prow a in e a ace pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. is noTF -mice e a ns ow a program wo s. To see if HEMAP can hel % must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 a e is notice with you when you meet with the Counseling gency. The name. address and Phone number of Consumer Credit CounseNiNeri s servin our Count are listed at the end of this Notice. ou have an uestions. ou ma Ca a Penns varna Housm Finance enc o ere a - - _ ersons with impaired hearing can call (11 7) itsu-itsbu). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNATRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM' EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HI POT ECA. HOMEOWNER'S NAME(S): Michael L McCommons and Rebecca L McCommons PROPERTY ADDRESS: 304 Oakville Rd 8 Pa 17257 8 9 LOAN ACCT. NO.: 1 050685 8 ORIGINAL LENDER: Northwest Savings Bank CURRENT LENDER/SERVICER: Northwest Savings Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE 'ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. meeting. Hawse your ienaer immeaiatero or your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice see following pages r s ci c information a ut the nature OT your default.) If you have tried and are unable to resolve this problem with the lender you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of-this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. 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 WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED -TEMPORARY STAY OF FORECLOSURE.- YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE 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 FORCL03URE WILL BE STOPPED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency un err e e igi i i cn ena 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 theennsylvania Housing Finance Agency of its decision on your application. NOTE: I YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PET ON 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.) :RIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Oct.2010 - $184.98, Nov. 2010 - $184.98, Dec. 2010 - $184.98. Principal 554.94 Escrow 0 Interest $ 0 Late Charges $ 19.96 Other charges exp ain/itemizeT TOTAL AMOUNT PAST DUE $574.90 EXHIBIT B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HEMA Rev. 5, Page 1 71M CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed a the en o is notice, the lender may take action against you for thirty (30) days after the date of this D CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY /G THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 574.90 PLUS ANY MORTGAGE RENTS AND LATE 4RGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's ,eck. certified check or money order made payable and sent to: Northwest Savings Bank P.O. Box 337, 100 Liberty St. Warren, Pa. 16365 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if iot applicable.) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding valance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly nstallments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to nstruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 4 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: Northwest Savings Bank Address: P.O. Box 337, 100 Liberty St. Warren, Pa. 16365 Phone Number: 1-800-697-2127 Fax Number: 1-814-728-7740 Contact Person: Leslie Hulings EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You ? may or ® may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY 0 CREDIT COUNSELING AGENCIES ARE LISTED ON THE ATTACHED PAGE > PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 East High Street Gettysburg, PA 17325 (717)334-1518 CCCS of Western Pennsylvania 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship Inc. 2320 North 5th Street Harrisburg, PA 17110 717-232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717-762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 717-780-3940 or 800-342-2397 Postal Service RTIFIFD MAIL RECEIP Errnnmestic Mail Onlv: No Insurance Coverage Provtoec met fled Fee 1 rq O Return Receipt Fee p (Endorsement Required) C3 Restricted Delivery Fee C3 (Endorsement nt Required) U-) es ill Total Postage & Fees I Zp ti ent o Er- E3 --- M Street, pt Nd or PO Box No. Postmark Here NO A .11P m ttttt[r.?aura?rcy??ruai•nwc?•?o ??nrcui.?ss?.iiarnr.?rrniinrty? 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I(? woo V MWiL x - OHO W F- ?1i F- _ ICZA :' - :):)Q1 _ F z? a -1 0 0 tti ?s u• F''.. fit,{ .r•} T NORTHWEST SAVINGS BANK, Plaintiff V. MICHAEL L. McCOMMONS, JR. and REBECCA L. McCOMMONS, Defendants TO: Michael L. McCommons, Jr. 304 Oakville Road Shippensburg, PA 17013 Date of Notice: May 2, 2011 : IN THE COURT OF COMMON PLEAS - OF CUMBERLAND COUNTY, r PENNSYLVANIA CIVIL ACTION -LAW " rn rnr t ,ten NO. 2011-3539 ? c-: s ;z: c r? Michael L. McCommons, Jr. e~? -- 304 Oakville Road Shippensburg, PA 17257 E%IPORTANT 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 MARSH SPAEDER BAUR SPAEDER & SCHAAF, LLP By_ K *t L. S rg ttomeys for Plaintiff 300 State Street, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 . I NORTHWEST SAVINGS BANK, Plaintiff V. MICHAEL L. McCOMMONS, JR. and REBECCA L. McCOMMONS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011-3539 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Important Notice was mailed by first class mail, postage prepaid, or hand delivered this 2nd day of May, 2011, to all counsel of record and unrepresented parties in the above-captioned matter as follows: Michael L. McCommons, Jr. Michael L. McCommons, Jr. 304 Oakville Road 304 Oakville Road Shippensburg, PA 17013 Shippensburg, PA 17257 MARSH SPAEDER BAUR SPAEDER & SCHAAF, LLP By_ L. S erg 00 Stat eet, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 J' NORTHWEST SAVINGS BANK, : - IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW -? MICHAEL L. McCOMMONS, JR. and REBECCA L. McCOMMONS, NO. 2011-3539 Defendants :Z::o -? -<> - ° C:) TO: Rebecca L. McCommons. 4 536 C Street Carlisle, PA 17013 -c c--:. = Z Fri , 4 -e Date of Notice: May 2, 2011 EMPORTANT 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 MARSH SPAEDER BAUR SPAEDER & SCHAAF, LLP By 1 Ku . Sund rg Attrneys f aintiff 300 State Street, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 NORTHWEST- SAVINGS-BANK, - - : IN THE COURT OF COMMON PLEAS - - Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHAEL L. McCOMMONS, JR. and REBECCA L. McCOMMONS, NO. 2011-3539 Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Important Notice was mailed by first class mail, postage prepaid, or hand delivered this 2nd day of May, 2011, to all counsel of record and unrepresented parties in the above-captioned matter as follows: Rebecca L. McCommons 536 C. Street Carlisle. PA 17013 MARSH SPAEDER BAUR SPAEDER & SCHAAF, LLP By Kurt. Sund e g 300 /State St et, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 NORTHWEST SAVINGS BANK, Plaintiff V. MICHAEL L. McCOMMONS, JR., and REBECCA L. McCOMMONS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, C., PENNSYLVANIA CIVIL ACTION - LAW ?rnM ? , cn?° -- C NO. 2011-3539 rte- ?" -'a :Own a rJ rT1 .. D PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned case settled and discontinued, without prejudice, and costs paid. MARSH SPAEDER BAUR SPAEDER & SCHAAF, LLP By K , -t L. Sun g ttorneys for Plaintiff 300 State Street, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 NORTHWEST SAVINGS BANK, Plaintiff V. MICHAEL L. McCOMMONS, JR., and REBECCA L. McCOMMONS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011-3539 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Praecipe to Settle and Discontinue was mailed by first class mail, postage prepaid, or hand delivered this Ith day of September, 2011 to all counsel of record and unrepresented parties in the above-captioned matter as follows: Michael L. McCommons, Jr. 304 Oakville Road Shippensburg, PA 17257 Rebecca L. McCommons. 536 C Street Carlisle, PA 17013 MARSH SPAEDER BAUR SPAEDER & SCHAAF, LLP By Kurt L. S dberg Attorney for Plaintiff 300 State Street, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301