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HomeMy WebLinkAbout11-5192 By: Benjamin E. Witmer, Esquire CUMBERLAND COUNTY Atty. I.D. #89100 PENNSYLVANIA 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 (610) 275-2866 Fax SPRINGLEAF FINANCIAL SERVICES COURT OF COMMON PLEAS OF OF PENNSYLVANIA, INC., f/k/a CUMBERLAND COUNTY, PA AMERICAN GENERAL CONSUMER r!L C-CFFICE FOX AND FOX ATTORNEYS AT LAW, P.C. Ofi THE PROTHONOTARY By: Craig H. Fox, Esquire Atty. I.D. #49509 J=.IN 2Z A 10' 40 DISCOUNT COMPANY 801 Wayne Avenue Chambersburg, PA 17201 V. TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 No. 11-S,99' bVi l NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance 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 may be entered against you by the Court without further notice for any money claimed for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Q $qa co?d or?-1 (717) 249-3166 SC40 (800) 990-9108 eIL 04? 05 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. FOX AND FOX Attorneys at Law, P.C. /s/ Craig H. Fox, Esquire 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 G:\9600\9650.92\9650-92 M.CMP.DOC FOX AND FOX ATTORNEYS AT LAW, P.C. By: Craig H. Fox, Esquire Atty. I.D. #49509 By: Benjamin E. Witmer, Esquire Atty. I.D. #89100 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 (610) 275-2866 Fax SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC., f/k/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 801 Wayne Avenue Chambersburg, PA 17201 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. v. TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 CIVIL ACTION COMPLAINT - MORTGAGE FORECLOSURE Plaintiff, SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC., fka AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, by its attorneys and complains against the defendant, TROY A. ECKENRODE, upon the following causes of action: 1. Plaintiff, SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC., fka American General Consumer Discount company ("AGCDC") is an institution doing business in the Commonwealth of Pennsylvania with a place of business located at 801 Wayne Avenue, Chambersburg, PA 17201. 2. Defendant, TROY A. ECKENRODE, is an adult individual who resides at the address above in the caption of this pleading and is the 1. the real owner and/or mortgagor and/or both of the mortgaged property hereinafter described. If any Defendant above-named is deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through his/her estate. 3. On August 2, 2007, Defendant executed and delivered a mortgage upon the premises hereinafter described to American General Consumer Discount Company ("AGCDC") which mortgage was recorded in the office of the Recorder of Deeds of Cumberland County at Instrument #200731497 on August 10, 2007. The Mortgage was security for a loan from AGCDC to Defendant, which loan was evidenced by a Promissory Note of the same date. True and correct copies of the Note and Mortgage are attached hereto collectively and incorporated herein as Exhibit "A". 4. The land subject to the mortgage is all that certain tract or parcel of land situated in the County of Cumberland, Commonwealth of Pennsylvania, more particularly described in the attached Mortgage Agreement and in the Deed recorded in the Cumberland County Office for the Recording of Deeds in Book Vol. 273 at page 1369, and otherwise known as 313 Walnut Dale Road, Cumberland County, Shippensburg, PA 17257. A copy of the Deed and\or legal description is attached hereto as Exhibit "B" and incorporated herein by reference. The Mortgage and/or Assignment(s) of mortgage and/or Deed are a matter of public record and are incorporated herein as provided by Pa. R.C.P. 1019(g). t 5. The mortgage is in default because the defendant has failed and refused to make the mortgage payments. 6. A Notice of default, intent to foreclose and of possible eligibility for the Emergency Mortgage Assistance Program was sent to the defendant at his address on January 11, 2011. Plaintiff has not been notified of any action by the Pennsylvania Housing Finance Agency which would bar it from proceeding with this foreclosure. True and correct copies of the Notices are attached hereto, incorporated herein and designated as Exhibit "C" 7. Defendant has failed to cure the default as requested. Accordingly, and pursuant to the provisions of the Mortgage Agreement, plaintiff declares all sums secured by the mortgage immediately due and payable and requests judgment in the amount of the accelerated balance, together with the expenses of foreclosure, including, but not limited to, reasonable attorneys' fees, costs and interest, in the following amounts: Outstanding Principal: Accrued but unpaid interest as of May 17, 2011 Late charges Other costs NSF Anticipated Title search: Prothonotary fee: Sheriff costs: Anticipated Sheriff Sale filing fee: Reasonable Attorney's Fees TOTAL $90,153.46 $15,258.33 $ 615.23 $ 60.00 $ 500.00 $ 78.50 $ 100.00 $ 1,500.00 $ 5,270.58 $__1_13,_536._10 8. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law and will be collected in e collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to this sale, reasonable attorney's fees will be charged based on work actually performed. 9. Interest from May 18, 2011 through date of full repayment of the debt accrues at the rate of $29.37452 per day. Late charges also accrue as set forth in the Loan Documents. 1 WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure in the sum of $113,536.10 together with additional attorney's fees, if any, hereinafter incurred in excess of that claimed above, costs, interest and late charges at the contract rate and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage, and for the foreclosure and sale of the mortgaged Property. Cr At 011-01-10 12:072 ?A?;F? 1499 a e as' u ICLA Prepared By: Return To, 717-263-1033 >> 610 275 2866 P 4/16 AMERICAN GENERAL FINANCIAL SERVICES INC COLDBROOK SQUARE PLAZA 80T WAYNE AVE CHAMBERSBURG PA 17201-9801 (Space Above This Line For Recording Data) MORTGAGE THIS MORTGAGE entered into this _ 2ndday of TROY A am AUULL _ ML, between "Modgagorg', and herein called --- business at .801_WAtrstE;AVE , the Mortgagee, a Pennsylvania corporation having a place of herein called "Mortgagee". WITNESSETH, that to secure pa"t by Mortgagors of a Promissory Note/Ioan agreement of even date herewith, in the principal anlaunt of 3 84? 43LAL together with interest thereon computed on unpaid principal balances. from time to tirrle outstanding (and/or any renewal, refinancing or extension thereof) and all other. obligations'of Mortgagors under the terms and provisions of this Mo M04gagors do by these Pests sell, grant and convey to Mortgagee, ALL the following des?cribed? real estate situated at ?:NLLUM DALE .1M County of _MMgg? Commonwealth of Pennsylvania, described as follows: Municipal Tax Lot Block (Insert legal description of mortgaged premises) SEE ATTATCHM Being premises conveyed to said Mortgagors by Deed of Conveyance duly recorded in the office of the Recording of [feeds in said county in Deed Book No. are therein desxribed, - --, Page 1 hg _, as said premises TOGETHER WITH ail; the improvements now or hereafter erected on the ro and easements, rights, appurtenances, rents, all of which shall be deemed to be and remainp s part of thel property covered by this Mo(tgage: and all of the foregoing, together with said estate if this. Mortgage is On a leaseh property (or the leasehold old) are hereinafter referred to as the "Property," Mortgagor covenants that Mortgagor is lawfully selsed of the estate hereby conveyed and has the right to grant, bargain, mOdgage and convey the I?perty, and that the Property unencumbered, except for encumbr?enoes of record. Mortgagor covenants that Mortgagor wrrntss and will defend generally the, title to the Property against all claims and demands, subJW PROVIDED, HOWEVER,that if the NoteAoan to encumbrances of record. paid in full, anti. Mortgagor pprfomrs all of the covenants aanda g all sums secured by this Mortgage are such event, this. Mortgage and any estate or lien hereby granted together ,?h t e Not° e/looaan' agrreeeament, shall cease; determine, and Become void, PAW1 ro7AW ?9rm Eawq mwlg e Page 1 of 5 EXHIBIT "A" 2011-01-10 12:07 ACTS 1499 Chambersbu 717-263-1033 >> 610 275 2866 P 5/16 t M 1 MORTWE COVEtiFl1 ". Mortgagor and Mo 1. Pa Kgagee covenant and agree as follows: PnnOPnt and. Inbrsat. Mortgagor shall promptly pay when due the principal interest indebtedness evidenced by the NoteAoan agreement and late cha es f any) as and Notenoon agreement. f9f provided in the 2. Taxes;, Ate, and Charges. Mortgagor shall assessment.: and other Charoes, fines and impositions pat or cause er be paid all taxes, priority over this. Mortgage, and leasehold attributable to the Property which may attain 3. Ap?lirration Of P : Payments or ground rents, if any. !. Unless applicable law provides otherwise, Mortgagee will apply payments in accordance rwith the terms of the Note hereby secured. 4. Prior Mottppw arld Deed of Trust; Cha obilg rnder any m rM; Liens. Mortgagor shall perform all of ModMors over this IS, oftegs, deed of trust or outer security agreement with alien which has priority itgage, including Mortgagors covenants to make payments when due. the Property invilled 8. "830rd Insunutce. Mortgagor shall keep the improvements now existing or hereafter erect other n apMalhst loss by fire, hazards included within the term ed on "euQended cove such may squire. oltgagee may require and in such amounts and for such ?"a and periods as Mortgagee The insurance carrier providing the insurance shall be chosen by Mortgagor Mortgagee; provided, that such approval . All subjaq a approval by m acceptable not be unre asonably withheld, All insurance polices and renewals thereof shall be'In a form acceptable to Mortgagee and shall include a standard mortgage clause in favor and in 8 form acceptable to Mortgagee. M Polices and renevMals 'thereof, su ?? shall have the right to hold the agreement with alien which has to the terms of any mortgage, deed of trust or other sera In the evrrrrt of loss, Mo priority over this Mortgage. ntY rtgagor shall give prompt notice to the insurance carrier and Mortgagee. Mortgagee may make proof of loss if not made promptly by M If the Prepsrtl? Is abandoned M Mortgagor. days frorr the date notice ter mai by by Moorrtgages to the Mortgagor that to respond to Mortgagee within softie a ?? for Insurance benefits that the insurance carrier offers to settle Mortgagee I M%mmee's up"On either to ,restoration or authorized repair of the Poprrt? apply to the esums se proceeds at Mortgage. used by this S. PnewvaUan and Allakbnance of Property; Leaseholds; Condominiums; Planned Unit DeveMpments• Mortgagor shall keep the Property In good repair and shall not commit waste or permit demolklon, impairment, or deterioration of the Property and shall comply with the If this Mortgage s on a lalsehoki. If this Mo provisions of any lease development, Mortpegpr Mall rtgage is on a unit In a condominium or a planned unit covenants creed and norm all of Mortgagor's obligations under the declaration and rig governing the condominium or planned unit development, the by-laws and regulations of The condominium or planned unit development, and constit 7. Pro'4ctiun of a?ee's 3ecurlty. If cent documents. contained in this Mortgagor fails to perform the covenants and agreements prod b; Mortgage, ,,or if any action or proceeding (including, but not limited to, any bankruptcy ng) commenced which materially affects Mo Mortgagee, at Mortgagee's :option, upon notice to M ms's ik esst is the Property, then Including reasonable attorneys' fees, and take such action as is ne Mortgagee's interest. If Mgrtgagee required mo cessary to protect scarred by thi:? Mor?age Mortgagor shall me insurance as a condition of making the loan effect until such time as tile' pay the Premiums required to maintain such insurance In and Mo recurs for such insurance terminates In accordance with Mortgagors s written agr+dernent or applicable law. Any amounts disbursed by Mortgagee pursuant to this Pa Note/loan agmiment We, shall became additional indebtedness of Mor 7' with interest thereon, g the on molls from . or and Mortgagee agree to other terms of payment, such mounts shall be p is Mle up age. snail Mortgagee to Mortgagor requesting payment thereof. Nothing payable upon require Mortgagee to indur any expense or take any action hereunder. rcontained in this Pa 6: Inspection, ragraph 7 Morig"i of the Property. may make or cause to be made reasonable entries upon and insp Provided ections the Pr reasonable cause that Mortgagee related shall give Mortgagor notice prior to any such inspection sP"I g• Condonation. The Mortgagees interest in the Property. connection with an proceeds of any award or claim for damages, direct or consequential, in ifon e any condemantion or other taking of the Property, or pan condeninstlon. are heasby assigned and shall be paid to thereof, or for conveyance in mrt!Oage' deed of ttust M °? r security agreement with a lien which e has ove oto the te ver this Mo ?s of any page 2 of 5 01 1-01-10 12:07 ACIFS 1499 Chambersbu 717-263-1033 >> 610 275 2866 10. Mortgagor Not; t6elessed; ForbeanMce 8 for payment or moONication of amortization of the sum M s secured by has ? Watv*r. Uension of the time to any for fi i Mortgagee ohOMal ossa" aid nWOW Of Mort Moa'agor shall rcessom Operate to release, in any manner, ,the liability of the commence ProceedirW against such successor or Mortgagee shall not be required to modify amortization of the sums ??? refuse to extend time for payment or otherwise by this Mortgage by reason of a Mortgagor and Mortgagors successors In Interest. Any forbearance by demand made by the any right or remedy hersunder, or otherwise afforded b Mortgagee in exerasing D Preclude the exercise of any such rV# or remedy, y applicable law, shall not be a waiver of or 11. allrxexam and As""$ Bound; Joint and Several uabil and samerim is herein bontalned shall bind, and the rights hereunder? shall inure to, the covenants successors and assigns bf MwVagee and M All covenants anda0or, Subject to the provisions of respective agreements of Mor'lgegor shall be joint and several. Any paragraph 18 hereof. Mor?age, Iwt does not' execute the Note/ban agreement: (a) Is nr rj Who °p' this ng this mortp 0, grant and cxs 0`118 ?' the Mors Interest in the Pro perty only to ASP; (b) is not persorraliy liable on the wote?loan to Sorg" diet under the terms of Mortgagee wind any other M agreement or under this MortMe; M0109 any outer amommedaany with ortpagor,herMUrider may aproe to extend, and (c) y0hond that regard to the terns of this MoffY? forbear, or the Mortga Morjp oestrs n t°heroap? without releasing that Mo rtgape or the Nabs Maragreement rtgsgor or modifying this Mortgage as to 12• w• F-xcept for any notice any notice to required under applicable law to be given in another manner. (a) tics WaMo Dr r provlded for in this Mortgage shall be given by delveri ng ' nqft M-by:* addlMssed to it or b maul addr. as Mortgagor mat. designate MO r at M Mo r.tp peS address stated herein or at such other shall be given 4Y aerdfied mail to M ottQ?ee as provided herein; and (b) any notice to as ' rtreY derma by notice to Mo ??? address stated herein or to such other address M?gape shall be deemed to have been gn re? Provided herein. Any notice provided for in this "19PR ' ad tNrreln. Mortgagor or Mortgagee when given in the manner 13.. Goverrriltp Law; ft"mWity. The state.and local laws applicable to this Mortgage shall be the the law of a dff iRion Property is located, except that If the Note/loan agreannent spWAes intenw rate, fees, an is. and as governing, such law shall be the applicable law over the and other terms of the credit ? sentatoe shall not limit the`:appllcabilliy of Federal law to this Mo?mn secured hereby. The foregoing or clause of tills Mortgage jar the Note/loan rt0?. In the evert that an not attract other agreement conflicts with a any provision nonotfout the a p & of this Mortgage or the NotMoan Pdicable law, suds given shall agreement o provisions of can be given effect wreems are . hp prlortisions, and to this end the provisions declared to be severable. As used herein, "costs", Mortpa9e and the Notelloan Include all sums to the extent not prohibited by applicable law or limited herein. and "attar eys fees COPY 14. thM Near COPY. Motor shall be furnished with and adcnowl ecconfonne Of thereof. agreement and of this Mortgage at the time of executiorne?orl afterarerda?tion 16. Rehabilitation L.oart AgrMment. Mortgagor shall fulfill all of Mort gagors obi' Mortgagee, Mo pair, or other loan agreement which Mo runder any M Mortgagor at'; Mortgagee's option, may u rtgagor enters irdo t ortgagee, In an form acceptable to Mo ? ire Mortgagor to execute and deliver r to o Mortgagor mar have rtgagee, an assignment of any rights, claims or def improvements made to the parties who supply labor, materials or services in connection wlr th Party. 16. Transfer of tine Property or any I Property or a Beneficial in?te W in Mortogor. If all or an tree and nterest in it is sold or transferred (or if a beneficial interest in M Y part of the may at its Option ortaagor W hot a natural person) without Mortigagee s ansent or is sold Bs e option shall not bereex ?r 'Irani iPayment in full of all sums secured b th Mo written m' ever, this Mortgage. Mortgagee if exercise is prohibited by federal law as the date of his shall 01110id"e ore exam this option, Mortgagee shall give Mort Period of not :less than 30 rt gagor notice of acceleration. The notice which =In or' Of must pay all isurns secured from the date the the n notice delivered or mailed within this P01104 P01104 Mo dy this Mortgage. If Mortgagor f falls to further notice or,:lamand on W rtgagee may invoke any remedies permitted PaY gnu sums rt0ape to the without p? roe , rtgagor. by this Mo Rest EsW, umpgp P 6/16 Page 3 of s 011-01-10 i 12:07 ACTS 1499 Chambersbu 717-263-1033 >> 610 275 2866 17. Acashretlon; Rehwdia'a. U ? rs8wrthe rec by t is agreariaent or this ??s ? ?e any covenant or agreement of Mortgagor by Mortgage, including th versants to MOM*, MOdGagee, after notice of intention to Pay when due any sums ums Provided by law, may dbgare all of the sums secured by this iyiOce and opportunity to cure as payable wftl?out further demand and foreclose this M rtgage to be entitled Immediately due and to collect it such and f all Mortgage by judicial proceeding. attomeys' feed and oasts expenses of foreclosure, including, Magee shall b to, 1t1. AsiignAlant Of Riots of abstracts, title reports, and documentary eVidence of limited to, APAbisecurity hereunder, M ` t>tment of Mortgage ar, Mortp? in .ion. their shalt, artpagor hereby e the rents of the Pro '? addltia?sl Mo assigns to party, provided that prior to 4eceleration under Paragraph 17 hereof or abandonment of the Property, have right to collect and retain such rents as they become due and payable. Upon acceleration under Paragraph 17 hereof or abandonment of the property, Mo by agent or by judicially appointed receiver, shall be entitled to enter upon, take rt8agee: In person, on of menage the Property and to collect the rents of the Property poll rent c ll and the Mortgagee or the Receiver shalt be applied first tIncluding those pest due. All rents nt o f the rmperty and collection of rents, includi Payment of the cost of management of the bonds and rsasot?ie fees, and then to rsG, but not the sums to, receivers tees, Premiums on receiver's the receiver shall be liable to a eys! secured ccount only for those rectafl by this Mortgage. Mortgagee and 1 g' • Upon paylrnent of all sums secured by this Mortgage, received. this Mortga? WOW charge to mortgagor. Mortgagor shall rtG shall satisfy or release 20. t Raid attar ludpnllnt. Mo Pay all costs of recorcordat;on, if any . that is eMAiitrai on the Note/loar: agreement or in awn actionrees of mortgage the Wariest rate payable after a judgment WMftt8d by 111w, not to exceed the Note/loan agreement rate 9foreclosure shall be the highest rate to 21. twr of Exagno : . To the extent permitted ?oe any exemption rights Permitted under applicable law, Mortgagor hereby we, and transfers Property, state or federal law with respect to the IN tMTNE>8;g WHEREOF, the said Mo date first above written, rfgagors have signed this Mortgage, with seal(s) affixed, on the COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF r&_ ) SS On this, the ) ..?? day of IQU- fore me ]Maly the undersigned officer, Personally appeared known to me (or satfefactortiy Proven) to be the instrument, and ackn person whose name .rte subspri to the within :that gib executed the same In witness whereof, for the I hereunto set my hand and official sea,, the wined. PABW (07-1"7) Red Csae, MWV W Title o Officer -? - -- 'P 7/16, COMMONWEALTH OF PENNSYLVANIA Page 4 of 5 NQTARIAL SEAL RONALD L. IJ1ARaL, NW&v Public Mortgagor. -,-(SEAL) 011-01-10 12:07 ACTS 1499 Chambersbu 717-263-1033 >> 610 275 2866 CERTIFICATE OF RESIDENCE I, of -IT COMPANY ---- Mortgagee named in the foregoing Mortgage hereby certify that the conoct residencp address of said Mortgagee is AQ1" MAYNE V A?x.BEASBtmr PA 17201-3901 Witness my hand this _ Ud day of ua Age Mo e Notice: This is a Mortgage subject to special rules under the Federal Truth in Lending Act, Pumhaars or Asslansis of this. Mortgage could be liable for all claims and defenses with respect to the mo1*11119e That the eomower could assert against the Creditor / Mortgagee, PA04061"-IU RW EWE ".p P 8/16 Page 5 of 5 O'1-01--10 12:07 AGES 1499 Chambersbu 717-263-1033 >> 610 275 2866 LOAN AGREEMENT AND:`L L SLAT MaNt 'F I ] DATE 08/02/07 F .., .I1FAtRTY.pgpE QJ,14?itilrBE ??VTNUMBER TYPE OF ARA p Ate' DISCOS C YEI EPNphIE N(ER 7 ` AVE BUAG. PA 17201-3801 dQRilpyVBB(8) IYAMf; AID ADORF?S (•y?„„? TROY A EOUMODE 313 WALNUT DALE RD SHIPPENSBURG, PA 17257 I will road thisthls emlf a Lean a!?! q?!+efstlorts, I will ask th Promises; terms AQ!vwWt 81 tlr.. ? + cohdltlorq n any °f tlM tria sot+Cot rriy lad. a y erry tom, Ciig ltMie TlladpR aft aaeltwRt 12,58 x t: ;34600.96 Paymarlt 8cryadile VAf be: .:Number of Payments Amcunt Of Nyments 1 dqcwnjnW " w R+weerftartf, - atui• VI roleted men I S 0 BG'nb I am Indicating my nri mede'M ? I %* i 81901.83 pAwes i 31650217; WhM Payments Are Due UITE CHARGE: ®n arty Payment h not Paid h ttdl ? due PaYmanl, hit rat more trap i ?_ or I d tlwl i ? agar isn d& I wl be chaW j jLgjL % or tho Xx , ? K arlerK h rat prafd h hdl MItfIWr dayi aRer Rs dua 6bk I VA be chatpta If ilia ergYe a PREPAYMENT: If I pay off eery; If the entire d1111d Phi is s -` or lees. © 1 may ? I VA not ? I may have b Pay a PW*V or ndrnmum Charge. ®I wow get. rarand or Cra0 M W of the tinarae Charge "SECURITY: I am Oft Lender a li fi N: 1=! R4W "bt+ located at: 313 WALNUT DALE RD SBIPPHNSBURG, PA 17257 Yew M?Iy ` `Abto/ ?toeel WIYii? Id?1tMloMion No. `VelWihs ?A..eau,aclp?,,, Other Aieeh 0 "vaehad Rama dsecrlbad on am P„sona, P?TIP-tr AW.W Fenn, whkh I hew algned da , has ASS been dalwnd to me wRh fhh l1MPTION- Sent hom. UR ?. My loan CI a Y feeturo. l)helorla? about ft uknw the lm*ldK 0r #* I=n.on.ths adgk v %nne unto;; Off* ApWn" Pr+ Ito for hY addlRoltl infC;nryon 4bot bash ft ?ovWea to rtw pry, ^aft MPay+nard In fun before the se 01 Payment by Leader. P 9/16 , If.l have. 4 10 the have date, aW THIS AOREEIYtEN1~ I8 SuBject TO.:Tt FEDERAL b.Na!Wn babw, I acme 4 SPY of MW Federal ARBITRATION ACT. aEE-IlRVrower ELSE'S' 11 006-LOSURES wl ?r?'? 0,11-01^10 12:07 Aus' 1499 Chambersbu 717-263-1033 >> 610 275 2866 P 10/16 `! !1 # 16* ON '6n my behalf is 7?•, PAID TO PA1b to .PAID TO P1O pAltt40* . .. 7. PAID TO n- . • 'Agpraieal:.Fee PAIQIID PAI6 TO DATA . SEARCH 1d;t PAIQTO ' J'f^ PAID TO PAID TO its, 484.13 Title Inaµraace Fee PAID To 14 PAID To 11ATA SEARCH RAID TO "- graarse#+f$??itr,i `ea S PAID TO. .... AGSNCT 't'I?h? TO. ° ?' _ ;??Ifh'TO. r:PAM 47g 24 Pi?ilbTb TRO A.' a1X CL' 1ltRt=• G!: " PAID TO . '! 3 PAID To PAID.TO PAID TO 27. ,S PAID TO 28- s PAID TO 30. i< PAID TO V. PAIDTo JL PAID 1 O -.. PAID TO PAID TO t , PAID TO PA $ ID TO • !!7, f PA1D_TO S PAID Tp PAID TO ' tD, ? i• , : ?,AfD TO PAID TO PAID To `4 PAID TO PAID TO PAID TO Lbpqunt Paid on Poor Account with Lander ? ? `; , b?8?i3 r65 ? ? Ya PAID TO TROY: SCKCs>r)RODS :. PAID TO + .i PAID TO S PAID TO PAID To PAID TO PAIp TO PAID TO PAID TO PAID TO _ Amount Finenoed,(Sum of linea 1. 56) Prapakt Finance Chagas (nengwd below) `fAAM TO PAID TO PAP TO. yyypA??1ymD'TO SAS f.I "OT lfdtfals ? .?r- . ?*r F ;yi; :rte J DW 1-0'f-10 12:07 ACTS 1499 Chambersbu 717-263-1033 >> 610 275 2866 P 11/16 I.. A" IMPON AQR AND W?Wt OF.JUR Y TPJ,11L on is a mptltod of ? 001ng dalma arid.dll utls, a r TO::. 1 p?ii to i' neKrbrr;u> tq.: ' p.• tO Ik a .lawsuit :NY TRIO . .. .... ? ntfon?d taeltitrr of ` Y rr1aY allot to rssONe . U Aing:. WATTER•8. (`voted Gel!hs ): This Inductee; bul:is;:nbt IIrllftod to, an dgfms and tlis aryl 'out of, n con ' CONlR?C' •J3 16 , i,04.81rday*. slid between. IY My., loan from J.ender..today any•pievlouir ban troth P g npCtlon with, or'rNaq ' to. (:O1ttreCt") whotber. ppen . i C +nd Lender And AnY • PrMous., retell rxedn agtaemant "Retail . d: omissions y relatlnp:to. this or an kius ..?yv IQ^d Lender all doc{Irgeltts :prOhtoltpns,.; id.vef Product sarvlos oonttasct, o` :yrrpa?ntY IQan:.ot` to e .tell Corlttipd mad A' by. Dr aselgribd. to Y i s pufchefed to connection with this .or any p?svtous n? Invoe or 16614 ad to any Product or;.service . loan or RetaO' 'ntract Ivs?rrfint by tenifar veil oilseed to Lender e• cuebomerrt with an the defm'ordlspirta hiui} bo orb Y: rice or .'AYllbat[feM.pnd.. a Afjre?rAent ::ttia valigity''I1nif Onto ??__ .Y and toaM e^R6?+oifil?Nitjr of lira m4 , rtrr ldirYg' of: them, oF. an !!' of this, !!tY?`.n Ana';thb:pabitritloti< t?s to ttu1.' tnd or mbraptigaan d BritOhl' ?l?in?tgr ooiliw?•. . Lerrdir.aril: the ,. 1t p m ortlina!u....u:~"p?llKq'i>tat.'in.fateraa frautl Dr r ,awilfhed'on stag: r R ?? ' • 'fp leiiion, any iidoRiii'tlen ` •. ' t?per't? laws;, eifY cte. on.? -- _ tort (wmr1p);InclUudIng ding Int krt of lbdelsil:i rfifinlneF prhractrJ my. tin Or dts' J A?Sy ltageodf entlbnal torte; and any claim fbr In unctivg,'declarato , cr ? • ' I .,.? .This. ) ry equltabte relief. ;..',.??.,?, ... • `?, ? ofArbl?. lrgtlon Agreement oleo covers any iditm. or d 1iay:'ptivltiiu'. imfltitti ootporagons; ariY•OS.tgAleh` rtw and any of p :-SiAiid:rifAyof:tfti'erii biins. and-LerJderany,tt a.ptytlpb.ihat. prOrtidad'Inau?g in•Cennectiohwith n g? .. s P.-Rbiiee; aQs2itts of . sU I a?Ni I 1 04. or d Len o rrber corporations am :.;.;NI, an? Landers Leltdert . are ;..jlT: ° teiu_ rlinorr Co:; sthir Ydrtl p fret .F -.... - .. f ynwe ref ..n .It . Ity: ?; r ?: - :.. ., ?....,..... , ....:.., . ? by reps ttnyttilyd party; all Wfll.tla stibCt to: bindfrig erbftration uhiisrthla Agree .7t$i'ae.'toiltl,r'ohiesuohtysirfi& ` a U Y rat)on. then! 'PrdVhd tMaf tlia thirtl party • Y; N:: I agree that Lend d ?.:.; er oes not have to initirab;?rWtrittlon. bslope.• , Lem .... ,. olshn. ol! . chlm for res r"' l^rt 4hY derails:: uy sire .R'°diN!' fn` 1b tho'udkslaP elan or Eern9ges I may have arkUng out of, rsleti ?lakris iri's ` ' is snY Ilfi A ;but' connection with !9IMtaMi t. be albkreted. Instead of: pursuing arbitration, ,either Lender. or t alabnhavo?tlis o on to nt +et,teh da?s not60#4d , etotel'suniofS6 pt .. .. ;axerolse,Qf..those Brin w i Ulf ^sV kd fn. such lefMSyl :,(on :00 (kdudinp•co0 i,d,at?i court to.;i?Nc, to . `?a9uded *'fbik providaeai t ttitjCttta:driims M if 'IJarrlaoes'•Law$UjPj .Wan Excluded:. r 'other than ! 'ba.aFbftrW0d:.Arr•t3dol awwkisR, tided. • , tJlr Other vtet: - party . t9I arq!.?q.orlNrrPi ftiak(ng similar dhlm=:.JEsg lawault:gla Jrl , taseod . .., x ... ...;ievif ]lice aria - An Walc . cots. Or lin . fibirclaltli...... dr:tli E?"sU'a ff%1-Vrtanda, far dros7M?olalin, or ttaird::Pert cletm`Iiaover rrias tfia .;6,Gg0, theri. ? :: I?rtY.b(airrr be orbitrated.ln • arcotrlarioa.wldi the ta• Lend stuflt tii(' .tNernael Zb :hav must'e';awirld any *? hte by tEte?p U fi. yde . Artitkatlthat on of .. miefirtie repogbeea oh, reple dD Nn, or foreclo8ure or by. having tiled <f;t any, claims In court or less. pirjr`teM-trelp or seeking to r a total sum 1R ?RULEJ:ANC pROCRE$_ TIQN:FGJIN ANt),:RUJE3;, The arbitration will OP oondur#ed.undar the WAS ,and .that are. in tttpea'sE'#i4 time r#rtiitration is: d prOpayuras , of the i±eitllsr.:vWr. poovide me. a copy of the NAF Rilles. It I lose m an lender flee riles :set ".1n.thls Abft 'b.' al `.Arbltrgbon Copy LandK ;:rulfY: tijr taellblg: JVAF at lj8gp:+} r? s. will yNe me anothir one H 1• oak lbr R. l'rneji. ' jj requak, 71 at by !! g.::ot:deem?e not: -wWao at`www:ai64r6h, OOm th8 a copy court (t ?I;' Eq .C rvew jO l% or1 is lfhar .:1br.good. reDdur +i con4bcn ("Atiq"j,t:polApb tEii .thin L?ynder:ynd;J itib?e r Ibt OdjW Rarsuaht. 1 tiro s Com ?'eemant will govern, between the rules of ttib NAF (or ttia AAA) and ttila Arbltra{i tai 9 Ayredrnent, this W+Lt"'Wat Nors. OF Lender A der and I wORill NAF each We maintains lints of approved arbltretors. NAF will provide Lenderand me-so a list of seven (7) arbitr8t and . Lwilter end i will alt b an opportunRy to. 011M three (3) persons horn that Ilat: I will mAke a senate in making strikes after that. After the last strike, the femaining person shall then serve as a fraf strike, and r, 4--1.-, 04" ARBITRATION Belbre I I rt arbitration, I agree to write to rocalved notled of '& nbw qdd for Lender, and t Lender At the address shown. for Lender n this Agreement, UMd ar in my letter, I will. give the: following. , tomration: my name And =lin id -n numbers rtunlty to b(e L aAder has made an ennr, the dollar amount of my claim or dlsP desc tile, and a rag and resolve any gay:. ription of MY claim Or 1(ipute and why I UWOK ` d P!ttkaft ra son, It must wtItO to me at my billing addtass; desaiba its'bbam or tl sother p Information I 0arfrom Lender. 91" and er0otiabte" tunity, to resolve the.diilm or dispute NIA NIA l;o p A me r. amount. of b C nrarwrer,: eltl r endN or I can. start OPPOI gon. vend' ClaIm cannot il:Uia erbitrsto?Iftotwed in the s nder to enforce shy of my Ekospt hia. jmdascribed in Perayraph E below,. nathfnp In this lever or regulaflon ability s. To start an ai0y of L der tie any ranedlpe dvalhble to me underan s and I Agree to follow the. rules of !fie NAF or, if appii b , ? of i e the ,.M1OF ARBITRATION. The MA add AAA ?41D`sortiabttliilis . fees; however, F I am net able toe min fops In connection with arbibation pro"6o.':be*r the oust Lender vrill aka beef WY such fees or ti.Ink they are too 4ewil conduct, I may high; t.endarwlM WrCjc, iiNll, also. pey'for its own ; Indd?d 0 . huMatto pe w t° by Jaw or the terms at any ottiar with any raeeonabl . y other agreanent between the partibs, to the octant ri. N,. end. wit"as, unless otherwise by law the . fRGMti3UCt OF ?^?^ by applicable lave. or by the • pROQE,EWN(98..In condurding the arblb'elflon prooeadings, the 'IMDwA1Var; grs.fddafat.rn any sEgte ruleft a.procedura ord wbftW shall be bound by Federal Rules of rdahtall bs set iarth Jn writingend.shap be, based . ark hel not bind the arbitrator, The arblkatorgr. Inps,. reasotring,. gleernen tfw Jurlatlkrtion. it aPWirg to the between Lender and ripe. The arblbator must 9 bkis by all a ewlava a of or y'work product doctrine, or any other applicable privileges. Prtectlnd the lent Prlvileoe. the SEE REVEOSE 81DL Fog:AISDDp?yq?;.q?giT?IATo11:TfRM8 pop 3 Initlals• • ES ?r • 1;:;,?M1a9 2Q11-01 10 12:07 AGFS 1499 Chambersbu 717-263-1033 >> 610 275 2866 P 12/16 AROMMION Af; OR AND WAIVGR`OF-j lRY TRIAL.(cbh'd) dill ;l?:?h+lllw .. in (ndeny:elirf :'.. ., I? :s ` `,,'" ?:?'1id•:bY:?ifi'` ,• ? ."r:•"'?,:Onlx HIB L4illna'; . Cteltft: ? k? li>?'?`?r?tlraa:??'??'?' ?d??'or•d4tltendsof fism " ahy alYSS of tdlrnlarti pyihldg'•td any Covered r: y 4k!..., ?1lMe.a spurt ?stme. .t l'. _ :.?tt?l•..Ualtag . e .. :.or!! . •% ; arrdlti10ytar but. ,. g?. Pi;: R?ni','yl+ttp aie .not'tl`ar?d9?rtlii? to the ;>11a ;p?,,ip•tpycoyrdlr•wliergft;li?l b9?nOKAfI? 1' fo.6naer • .i?H ' z ;:M,' : A R !?t±psr.mn ba °oq ?lY ph A ?' ; ,.> :: r 116 llgirealifilt`zhelrr??e11f either t antler cc me Rom enfordn elf Et i4f...In D' irght=.under x*ft 410 •hab :,....: or;rnaat?jr?', .. .#dGfiF1 111ii!`::trr;bou Le eh`_• .*ti of of N... ' :<. :Y l} 183 ' Y"3tf•` 1. ?D lm •ioRC at ' ?+?)) ""N1e??nt:sorir.(e-iiiaU) ':- end I agree ':. . 1f:st{te aj:UMibetlons or gains of Frlvibg4 lecoDna etl straw. 'd!r-enal• me' aad:.nther•4pplicfble:paptiee are transaotlons imrolwng Interstate 'rRO?6ra'e?ts. send gory tlfis;P{r?Nitentt9 4 rb7hUon laws,.*nd tZroceduYes still ?1ot.aRply to;tlili: °N `bE dl?i ird•mtCamlpits.siriftq"ors;tioeeetttbrs hens and/or ?etit l9 u ollb661br.tfiai re i8 7ip tar+ d?''are eevar" and n ` .. ` /ol'cMDlb• tb the f4rllect e'kfent ? li ehy'prfor arditration agreement that may exist betvmw, l:ender: and ms ann can only:tis nxxllAed ?pft lf'nrX logn,-has been catrcelled, ch8nged; r6adTjK i4flnanced perd to full charged off, or ILY,"B ($ :.,iT tiNt4i :C6RTAfN OF :1YIY':Rltslfi•Tk- Tp,TME " ::; ' i •T ? ,? Mi Jt1aYy AND-10 . .. JAM JIM INEIYf MR, Tt7 bE BUNti.6Y AL nt=;11`! 1 ERINB. c I? L4 :'? (g.q) Paps 4 Inltlals'?f~`^"?-- Oil 1499 Chambersbu A4/nom ..?_ n 717-263-1033 >> 610 275 2866 P 13/16 checked below. ;v n F a P K In•aoporderloe If *"10 this may Change as Due. D* of my K1d u RO For the final t PeMts from the br. m I*gia be then- ?m >a nW ulariy Wby.W g Vy '/. IR or t at anytime, as xaft;•othar titled ?lhw:LAmder an n:offhekian, in hswtr and have O'Arly?. loss `W?.eanW*d or MRiM" errors that enun. full. **h if 7 .w 1??, WI IVCI . This: Sir- -: .?.....' Illy wflvwraJl?.to tea u3?d. Mf this` Ic h'' h86 Or iM?? ccvr that Ig of 1 Imo.' QF1.-01-10 12:07 AGFS 1499 Chambersbu 717-263-1033 >> 610 275 2866. P 14/16 . pwibited bY hIw or as. Nmibd: by. oftwc uni pr0A$19ne:of thla;Abr4Or?p? . ?'. rylll ife,ln :dehitl(of;thy'f _.„ .ll, . A f 1st P4garit ugddr tha Agniq,;Ntt.whan sue .. ! •.: ' i??±N?°r..?toi?.m'?nri:.AOne?i?>7t.:..:. , d f...: •:In mycredltapPfr_Ill ufftrui of incurred. ' ?isidence Insurance, or repair to credit histo tFtls, ~' ry.wnhin,tflfee:(3) t2 rnsaa•.daya Us. ly fai :to :pay my; baoorhe sue;' or., bsovnie .q', , •• .:: , debts..tis .t hurtary' or -the, wbjsat a: yo F `. .•' . of •: ,; ,: . . '_ .:. . • itrent; or. dier'?liiihe ? n r. brdar, k etltenlf„pa)nat ... 6r thD troq pi: ' .ound?'thea~o1 Inl 1sIrTel, JGtha Callitijal n :? Co sirte.gf.paj'P?oPisrty; or starts . . fit?++ over Prof f rrel6gte to siiWther state wft}tdut ?Nfhg wrfittdri nnGoe if:leaat.1 days bbtohs• . ? ,??!.??,!?u .. pq•.oc m?`k'p?q??•;.P.(••tbie..?o_ Nabiral' LendaCs ?rf?r? y?/{ /M Oki. :..'• '' Lendk !o"drfem.?tw:yrasoiire. or t0 tleiiANlet!'Iet; . •...... , ,;..•. :••, ...:,•.'.:...:.:.; .t+Qttak6ll .' ' . ... ` ,' . ire ltrips(iitl:.UrMess:prohlDbsdbyi:stjttli:jiwy,: Lender's ho-F ?y_ rte( a1pnlAQarlt%r tmp(!Ic ttta,R 'ori tt a`ti ?ke.ssdy: Paymafit is 16qu?? M Mme! f+l'afly.fequlriNh6rrtt Qf'ho,NVO.oT, ok•6lmilar .. • Nlta!.:alr.?Arilyir::?'the•. • • ` if. r. • •: - • iirFibirrrti•" doiaristl:ariddrittot r9ft .Gi?i iltie:Jininiitlttely.sirpd vwltfe tln •.. ••: the ..s •. ?,•.LerWet..?, rruYr?equi reto maKe ths'.Collataral availibli:.6 Lihtler at- a'piaoe ftY. ,???s?1?,.??:.? . s: ,•r _ pa!19a'or•ttn(irrfuH9:;•etrblr_'?;of f.. ;;+ v4vw.a;:.co Mfamla?a' °i:aer' . 'Ti ` IdQdit itluri ? rdir-frtiii.' Iie eeb of tort trill l°di?: r(at edVer of ropsrty, Lendir r!?y, baAin' for loture p. hog as dasontred L. It?t8ftrlih the rirortgae6 or Qsed of G-.? :nbf.. e.ob • N ,• {to raAosl or fegwst twminsidon of anY?I 4n?ry ofedlt:.a>esrsargj i 3:: n??>!??1'r?!'-in=fibtton?.-h1??t`?!lM?tr:tKi. ,of Il aturit'ot iry:rinea-hod [3:ii.Igijr liEaRuht :.. pYMrtim a' a a fs"u( ii aiu ubt+ raqueat for . sN!t I!!"!t;.'a!9rr ttwrh marked. Paymecr< In Full ., ??1TfOthiiit:eltni(tiraq:by idw (or simlla[ language) without orl at feriit m glad anther i`trtidy Sytl . dt iat to If°it:titl peir6 sba(n."' L n0'., use. >?1pli? ari: Hefeuxder 4 le 4e to% n1A of larltM 1! 06^ :. asifr'o£tfis_£piifal rf. Ia panpiwi al:i?d ur 1:srM? itr?crda, art )lest ten (l{1) dayi'•hitore ftle'date•o?!A?e . :... .. ? ? .?'iaraquita+etby Iaw inCend?atl ?! 1.erldey maxtake ss : fitl is ad above esslon of personal proPertY left in or on the Collateral tai. Is !r! ..... tle otherwtae, l 4* waive' rese y p rdm noHoe and. protest and ili other d Mw , p ltbrrrisnoe, debut or endorse Ot of this Aiirsemint irfd all surstysh7 deli . w?* !miler thiq ?prebmsgf,:.N mailsd;;tp my leaf. know +rdgro#s ai,iefleeted ?-t?defi!?.+19?doQ?Fent)'F!gratitat9Af:rQ ui Ltrile+ftifis eiaY'dhiord!ti0 en df rr aA red insuranoa.:' # y npd aereernt .tNtl;out tosl tham '•s_ meet La,f!Gsfn?Yi l?4t:. fttna, c°?: toaa'orge? or Gln(birientJAd. M if 100 ip. ?• • n thla lush an r .r Utrftts :t(i?ri: (>?)any. .: D?Ii?:r:u? ----r -3V mill- IFIg. Lwow,-Ay ider. my/our.: Aprs?ment .with' Lam,: god. n ?ndude-> ?s'• ?or?•ihs?raRCe..arawern?: thg;•,`; :.re,;?te?-. once.. w 011-01-10 12:07 AGES 1499 Chambersbu 717-263-1033 >> 610 275 2866 pay Principal Plus inweat (9i.. chi 1 !M:detAl sat forth In tiro Payn 60adWO unpaid ai G Aouda* Rom Will; n a??ya, -'"101M"` •d'" a"t'fdar•thk ?le^sanianf, at Lar,dar'a: ChThM y" LReynyd .0110 :or WWW'A u,?x•f6rin.tl?fi.•w??K ?.?••H.I gw at an law, O We k". OWN .to,-PW ankl talc ' -' "'°° Payment due doe, (y+w ( PaY r?hrabt on. Aiett? ru r "b!!pdiH?sfrlgtZ. npaid amounts, M AL Prlnolpal is ttro d>r++puhd at'ths'CotMpc tohl oft : . . he Amount Flnonad, Plus any PrgAI4Flnaeca Charges that I haw fimanad. p .0 ""y ?ast add AOW Will Parnent fYom r"Ou us. fa1s,+?ped m• r a pWl my requler. .achftu w nas4 Wbr by r.0%. rig 'MY ben.1ft a i'.truistsIpoy"N i W W ndthar•landaron br ba7or6 #n. part,df my Loan at my ? . subJsct to the ent ?N •dats of my I 1W °??ro props r odecmead b • Y eppllabis taw. Y Wrt s to be filly aimed on the ?of a 019 Penalty Date of Loan and are not SENT PENALTY, ' 0 If cheOW' th" Will be no ??77 Prepayment penalty. "1daed, tha'erie Prindpaf SSO,000, am if f ehk4 cotr?Pidfad.p'tq Mfpsc+e-gtthbj. loan iptlws AiuMti'.jr?:a?'sg;•oare of rFAgrrianiart? .uriliila; (A) pit lo.n Ito- (?) e+la loco; d Pa?d aiz a naoR of h e`it< nfihta'Onder i }!us on sale clause, moo: than rnorrtrys aR l!Y .;K% of more of the oubftlld ft Warm on my rs: S!B•oiths o,??mg.?aMnoe:of'yys (dbrear itafter?? doing gts lit W* the p ni.ai:a of LK o'r 19i or Ilia 2 of tM vt the ougb Mrpatl' or.contdldat?d b frdinghaa, 11NS loan N•p 9A t hildoeure, or a o(d) Lander. r N d ( ? er the Date of Agreement on of the prepayn? hlbitet t } If eked the oriplnal Pnndpal :.?!o.!i!e!!rar . if,. during pre first ti50,t100 this ban has a Batton p, e[tfpaAod, m attar.pie Dab p( Yment, and I may Prepay all or art o1 and I a Adre&neft, I p need Linder.rrwy Ch" (a) this loon is room a o} ? a ?Yment malty to more m _16 of the Y.tepuh ral 6or P Pt`paid as a result of'laysuk, reby Lander 00 pe SM116te; (b) this Ian is 4U4 on after the Dcwjga ate ? of and tin Agream? . of the , or php a; (d) LaWar.it4ig'ed p a. r4 .U d ssu ?. mono f> on Pen6liy is Prohib. by applicable law, or (e) this' la agree to Pay any late cha?pe described In the Tn?th M Lending Dladoaum herein. 2MAW If my cheek or other Instrument ihifclt oKarbe' In the of SZQ? given to Lender is "tamed unpaid for any reason, I i a M of nd ?ed, l ?rN 1n.paY Lenders (a) court costs, (b) reasonable altomsy's feesand (c parmtttad by applicable law. d ) ?W The laws of the Comm until Pald in ants ("84ltoon 'of my. 41 wn ern iny) described ridable, to the an. Lander may d during tha.gmt 0.6f Agreement; Aft balance of psid•?'arinq the IoYn is Prepaid e a requsetfor apPlicable law,' ny loan at any dpailn any 12 Payments an Proceeds;. (C) I exercises its prepaid more roe to pay a ss to realize onwaaith of Permso nis shall govern this Agreement, except as preempted federal law P 15/16 PLEASE SIr6 IMPORTANT INFORMATION ON RFVt:oa. 5 yL<g;} N-C ..i 3,7 A ?.r 01?-0110 12:07 ACIFS 1499 Chambersbu 717-263-1033 » 610.275 2866 P.16/1, ?. ?i ylhiGh I A(wrr ' °"'r•"".!r1' iM ?1a1?'•pfQMj{1?i?p:y ?•?, Y t, m'ig Fhepey; h aptilitirel and ly s j TAOY A' EcaF?talons ?,5. X Co Borrower L.S. x,. i ~ns?gr LS. Co?laker L.S. Name: '. Print i .:? .:_ ?? DESCRIPTION ALL THAT CERTAIN lot of ground, situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a railroad spike set in Township Route 323, known as Walnut Dale Road, at the corner of Lot No. 3 on the hereinafter described Subdivision Plan; thence, North 24 degrees 57 minutes 20 seconds East 190.87 feet to an existing railroad spike at the corner of lands now or formerly of Daniel C. Mixell, known as Lot No. 2 on the hereinafter described Subdivision Plan; thence along said lands now or formerly of Daniel C. Mixell, South 59 degrees 19 minutes 10 seconds East 233.92 feet to an existing iron pin at lands now or formerly of the Commonwealth of Pennsylvania; thence along said lands now or formerly of the Commonwealth of Pennsylvania, South 49 degrees 21 minutes 17 seconds West 249.48 feet to a set iron pin at the corner of remaining lands now or formerly of Donald Bauserman, known as Lot No. 3 on the hereinafter described Subdivision Plan; thence along said Lot No. 3, North 43 degrees 58 minutes 51 seconds West 141.34 feet to a set railroad spike in Township Route 322, the place of beginning. CONTAINING a total area of 40,660 square feet (0.933) and designated as Lot No. 4 on a Subdivision Plan of lands for Donald Bauserman, dated December 6, 1991, prepared by Steven P. Wolfe and recorded in Cumberland County Plan Book 64, Page 105. BEING Parcel No. 39-14-0165-045. TITLE IS VESTED IN Troy A. Eckenrode, by Deed from Vonnie J. Eckenrode, dated 2/10/2006 and recorded 2/23/2006 in Record Book 273 page 1369. EXHIBIT "B" ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: January 11, 2011 To: Troy A. Eckenrode 313 Walnut Dale Road Shippensburg, PA 17257 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program 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 Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869). 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 NOTIFICACI6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL EXHIBIT "C" G.\AMER-GEN\MISC\2011 Piles\211018 Aci 6-91 Letter 11011 LDOC PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 LOAN ACCT. NO.: ORIGINAL LENDER: American General Consumer Discount Company CURRENT LENDER/SERVICER: American General Consumer Discount Company 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 (3) 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 THIRTY-THREE (33) 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 AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. G:1AMFR-GFN\MISC\2011 Piles\211018 Act 6-91 Letter 11011 LDOC 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 APPLICA TION AS SOON AS POSSIBLE. IF YO U HA VE A MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DA TE OF THIS NOTICE AND FILE AN APPLICA TION 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 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 Pennsvlvania 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 up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 313 WALNUT DALE ROAD, SHIPPENSBURG, PA 17257 G IAMGR-G[N\MISC\2011 hles\211018 Act 6-91 Letter 110111 DOC IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: $878.94 IS DUE FOR AUGUST AND SEPTEMBER 2010: $1,143.80 FOR OCTOBER 2010 THROUGH JANUARY 2011 = $6,333.08 Other charges (explain/itemize): LATE CHARGES IN THE AMOUNT OF $411.56 TOTAL AMOUNT PAST DUE: $6,744.64 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.) HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6,744.64, 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: American General Consumer Discount Company 801 Wayne Avenue Chambersburg, PA 17201 Attn: Ronald Umbrell, Manager You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage 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 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. G^,AMFR-GEN1,M1SC\201 1 Files\211018 Act 6-91 Letter 11011 LDOC 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 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 Sheriffs 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 six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: American General Consumer Discount Company Address: 801 Wayne Avenue Chambersburg, PA 17201 Phone Number: (717) 263-8493 Fax Number: (717) 263-1033 Contact Person: Ronald Umbrell, Manager E-Mail Address: N/A 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 _XX 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. G.AAMFR-GFN\MISC\201 I Files\211018 Act 6-91 Letter 110111.DOC 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 - SEE ATTACHED LIST (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). SEE ATTACHED SHEET: Via Regular Mail, Certificate of Mailing Certified Mail, Return Receipt Requested #7010 1060 0002 4450 1856 FOX AND FOX 706 One Montgomery Plaza Norristown, PA 19401 Attn: Craig H. Fox, Esquire (610) 275-7990 (610) 275-2866 fax CC: PHFA-HEMAP (via telefax (877) 207-0205) G:,AMER-G1"N\MISC\2011 Pi1es\211018 Act 6-91 Letter 110111 DOC You have the right to dispute the validity of the debt. Unless you, within thirty days after receipt of this letter, dispute the validity of the debt, or any portion thereof, we will assume that the debt is valid. If you notify us in writing within thirty days, after receipt of this letter, that the debt or any portion thereof is disputed, we will obtain verification of the debt or a copy of any judgment against you representing the debt and a copy of such verification or judgment will be mailed to you. Upon your request directed to this office within thirty days after the receipt of this letter, we will provide you with the name and address of the original creditor, if different from the current creditor. If, within 30 days from the date of this Notice, the debt or any portion thereof is not disputed, or if payment is not received or if arrangements to pay are not made, the creditor may exercise its legal rights against you to collect the debt. To make payment arrangements, please call the creditor directly. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. THIS FIRM MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT, AND SHOULD NOT BE CONSTRUED TO BE, AN ATTEMPT TO COLLECT A DEBT, BUT MERELY AS A PROCEEDING TO ENFORCE A VALID LIEN AGAINST PROPERTY, WHICH LIEN SURVIVES BANRUPTCY DISCHARGE. ( \AMLR-GEN\N11SC\2011 Files\211018 Act 6-91 Letter 110111.DOC HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 6/30/2010 2:55:21 PM 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 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 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 a tIN/TEDS71ei7ES ?% pp6Tb1 SER . This CerrM?h???tBB??ooC?tt??ddingDrovide6?YWpnce tl This fon?k?3e4?d fdr'UOme?lBd?itL iaten From: Fox and Fox At 425 Swede Stre To: A. Eckenrode Walnut Dale Road pens urg, PA 1/2 To pay fee, afro stamps or . (, mote, postage here. for mailing ,sue ASIMMEMORRIV I.P PITNEY 60WE5 'M 4 JAN 0 11 2011 0* 509 tttE-DfROM Z ODE 19401 SS o N'h OQ' Postmark Jqp E" ZIIV IT PS Form 3817, April 2007 PSN 7530-02-000-9065 Ln 43 I3 0 TG F i IeCofeA L Postage S G` CerWW Fee Z C) ru Postmark O Retum Receipt Fee C Herd Z p (Endorsement Required) O _ Restricted Delivery Fee O (Endorsement Required) V ?p Total Postage & Fees $ r-? C3 ° Troy A. Eckenrode '-1 Sneer,;i10o::.....3I"Wlit?l"D1e"lroad"------------------- C3 or PO Box Na Chj, State, W W . . V E R I F I C A T I O N The undersigned hereby states that he is a representative of plaintiff in the within captioned action; that I am authorized to make this Verification on its behalf; and that the facts set forth in the foregoing Civil Action Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification to authorities. Date: `d19Iti Name : ??+Sc t-' 'T LE 9 Tit 1e: Li n ds be I? frfSon uy My CWvnw= Ex" June 16, 2012 G:\9600\9650.92\9650-92 M.CMP.DOC FOX AND FOX ATTORNEYS AT LAW, P.C. By: Craig H. Fox, Esquire Atty. I.D. #49509 By: Benjamin E. Witmer, Esquire Atty. I.D. #89100 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 (610) 275-2866 Fax SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC., f/k/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 801 Wayne Avenue Chambersburg, PA 17201 v. TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 FILEO-OFFICE 04- THE PROTHONOTARY 2011 JUN 22 AM 10: 39 CUMBERLANO COUNTY PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. '1- Jl-l g 6 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff in the above captioned matter. FOX AND FOX Attorneys at Law, P. C. By - (/ Cra g H Fox, Att y for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILEU-UFFIC,1; THE PRQTHQNOT' AIR? T Jody S Smith ? Chief Deputy ? ?011 JUL -7 PM 2: ?} Richard W Stewart Solicitor C.UMBERL.ANU GOUN'TY PENNSYLVANIA Springleaf Financial Services of Pennsylvania, Inc. Case Number vs. Troy A Eckenrode 2011-5192 SHERIFF'S RETURN OF SERVICE 06/30/2011 03:53 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on June 30, 2011 at 1553 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Troy A. Eckenrode, by making known unto We Eckenrode, Wife of Defendant at 313 Walnut Dale Road, Shippensburg, Cumberland Coin sy ania 17257 its contents and at the same time handing to her personally the said true n ect opv of the same. S SHERIFF COST: $48.00 July 01, 2011 PUTY SO ANSWERS, RON R ANDERSON, SHERIFF , Cott i'-JJtlitn `j,^.. is •,ff. 5'e - - V G:\9600\9650.92\,9650-92 D.JDG.DOC FOX AND FOX ATTORNEYS AT LAW, P.C. By: Craig H. Fox, Esquire Atty. I.D. #49509 By: Benjamin E. Witmer, Esquire Atty. I.D. #89100 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 (610) 275-2866 Fax SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC., f/k/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 801 Wayne Avenue Chambersburg, PA 17201 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 11-5192 CIVIL v. TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 Notice is given that a judgment by default in the above captioned matter has been entered against you on 4 k2 2011. PROTHONOTARY If you have any questions concerning the above please contact: CRAIG H. FOX, ESQUIRE Attorney for Party Filing FOX AND FOX 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 FOX AND FOX ATTORNEYS AT LAW, P.C. By: Craig H. Fox, Esquire Atty. I.D. #49509 By: Benjamin E. Witmer, Esquire Atty. I.D. #89100 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 (610) 275-2866 Fax SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC., f/k/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 801 Wayne Avenue Chambersburg, PA 17201 V. TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 C ? (nt-- C c) C- ?a COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 11-5192 CIVIL PRAECIPE FOR ENTRY OF JUDGMENT FOR FAILURE TO FILE AN ANSWER AND ASSESSMENT OF DAMAGES TO THE OFFICE OF THE PROTHONOTARY: Kindly enter judgment in favor of the plaintiff and against the Defendant, TROY A. ECKENRODE in the above case for failure to file an Answer to Plaintiff's Complaint in the sum of $111,857.60 in accordance with the assessment of damages below. Kindly: (1) assess the damages in the above matter against the defendant, TROY A. ECKENRODE as follows: Outstanding Principal: Accrued but unpaid interest as of May 17, 2011 $90,153.46 $15,258.33 A-tr`1 # I4.oo PG C* a11a Y Late charges $ 615.23 Other costs NSF $ 60.00 Anticipated Title search: $ 500.00 Reasonable Attorney's Fees $ 5,270.58 TOTAL _?_111,857.60 * Interest from May 18, 2011 through date of full repayment of the debt accrues at the rate of $29.37452 per day. Late charges also accrue as set forth in the Loan Documents. (2) enter judgment in Mortgage Foreclosure and for the foreclosure and sale of the mortgaged property. I hereby certify that Defendant was served with a copy of Complaint by the Sheriff on June 30, 2011 as evidenced by the Sheriff Return of Service form attached hereto and that a ten (10) day Notice of Intent to take Default was sent to the Defendant on July 22, 2011, via Certificate of Mailing. DATED: CRA . FOX Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith F (? Chief Deputy Richard W Stewart Solicitor OMC£ OF THE SHERIFF Springleaf Financial Services of Pennsylvania, Inc. Case Number vs. Troy A Eckenrode 2011-5192 Z-H-ERIf FI&-RETURN-OF-S-ERVIC-E- 06/30/2011 03:53 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on June 30, 2011 at 1553 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Troy A. Eckenrode, by making known unto We Eckenrode, Wife of Defendant at 313 Walnut Dale Road, Shippensburg, Cumberland Count Pee sy Yopy nia 17257 its contents and at the same time handing to her personally the said true n ect of the same. ,'DEPUTY SHERIFF COST: $48.00 July 01, 2011 EXHIBIT "A" SO ANSWERS, r RON R ANDERSON, SHERIFF (C; COLOYSuile Sheriff, Teleoso`t Inc. G:\9600\9650.92\9650-92 10 DAY.NOT.DOC FOX AND FOX ATTORNEYS AT LAW, P.C. By: Craig H. Fox, Esquire Atty. I.D. #49509 By: Benjamin E. Witmer, Esquire Atty. I.D. #89100 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 (610) 275-2866 Fax SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC., f/k/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 801 Wayne Avenue Chambersburg, PA 17201 V. TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 TO: Troy A. Eckenrode 313 Walnut Dale Road Shippensburg, PA 17257 DATE OF NOTICE: July 22, 2011 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 11-5192 CIVIL NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT 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 CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE EXHIBIT "B" • r ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 If you have any questions concerning this notice, please call: Craig H. Fox FOX AND FOX 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 ., Crag Fo Esquire P To: 'I'rnv A Fn L.u---A- Shippensburg, PA 17257 PS Form 3817, April 2007 PSN 7530-02-000-9065 96so 9a O N III 04 N o? ^1 0? 'IT (0 I I NOO gwhIMPSWO M?PCOUSMIMO Certificate Of Mailing This Certificate of Mailing providesevidance that mail has been presented to USPS®for mailing. This farmmey be used for domestic and irdemalonel mail. From Craig H. Fox, Esquire FOX AND FOX ATTORNEYS AT LAW, P.C. By: Craig H. Fox, Esquire Atty. I.D. #49509 By: Benjamin E. Witmer, Esquire Atty. I.D. #89100 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 (610) 275-2866 Fax SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC., f/k/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 801 Wayne Avenue Chambersburg, PA 17201 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 11-5192 CIVIL V. TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 AFFIDAVIT OF NON-MILITARY SERVICE Craig H. Fox, Esquire hereby verifies that he represents the Plaintiff in the above entitled case; that he is authorized to make this verification on behalf of the Plaintiff; that to the best of his knowledge, information and belief the above named Defendant is over 18 years of age; the address of Defendant is a listed in the caption of this pleading; the occupation of Defendant is unknown; and Defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldier's and the Sailor's Civil Relief Act of 1940 and the amendments thereto. Deponent further states that he understand that these statements are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. /1 Date: Cra g H Fox Att r y for Plaintiff Sworn to and subscribed before me this day of 2011 Notary Public NOTARIAL SEAL 08 S. FOX, Notary Public Nomstown Boro, Montgomery Courgy MY Comm"M EON May 30, 2013 FOX AND FOX ATTORNEYS AT LAW, P.C. By: Craig H. Fox, Esquire Atty. I.D. #49509 By: Benjamin E. Witmer, Esquire Atty. I.D. #89100 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 (610) 275-2866 Fax SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC., f/k/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 801 Wayne Avenue Chambersburg, PA 17201 V. TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 11-5192 CIVIL CERTIFICATION The undersigned served with a copy of as evidenced by the hereto and that a ten was sent to the Defer Mailing. does hereby certify that Defendant was Complaint by the Sheriff on June 30, 2011 Sheriff Return of Service form attached (10) day Notice of Intent to take Default dant on July 22, 2011, via Certificate of FOX AND FOX ATTORNEYS AT LAW, P.C. By: Craig H. Fox, Esquire Atty. I.D. #49509 By: Benjamin E. Witmer, Esquire Atty. I.D. #89100 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 (610) 275-2866 Fax SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC., f/k/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 801 Wayne Avenue Chambersburg, PA 17201 V. TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 = is E0-OEF;CE P OTHOHOTARY 2212 FEB 13 PM 1: 27 CI.A`SERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 11-5192 CIVIL AFFIDAVIT OF SERVICE Craig H. Fox, attorney for Plaintiff, Springleaf Financial Services of Pennsylvania, Inc., fka American General Consumer Discount Company, being duly sworn according to law, states the following: 1. True and correct copies of a Notice of Sheriff's Sale of Real Property with reference to this scheduled Sheriff's Sale were forwarded to the attached parties in interest on October 6, 2011 via regular first class mail, Certificate of Mailing, postage pre-paid. 2. True and correct copies of the Notices are attached hereto as Exhibit "A" and copies of the certificates of mailing are attached hereto collectively as Exhibit "B" 3. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Crai H. ox Attor for Plai 4 iff Sworn to and Subscribed before rye this ??day of /9 vAtA- a 2 0 T++(WPEwNm AMA NOTARIAL SEAL Mi t.IS M. GRIFFIN, Notary Pubk NMJ81D n Boro., Mon Cry COM691on ' 29, 2016 FOX AND FOX ATTORNEYS AT LAW, P.C. 425 SWEDE STREET LEON H. Fox, JR.' SUITE 706 CRAIG H. Fox °"+ ONE MONTGOMERY PLAZA JEFFREY V. MATTEO° ° NORRISTOWN, PA 19401-4825 PETER H. THOMAS JOSEPH B. WASSEL°` (610) 275-7990 BENJAMIN E. WITMER FAx(610)275-2866 JESSICA A. MILLER°` www.foxandfoxlaw.com infoefoxandfoxlaw.com n ADMITTED TO PENNSYLVANIA BAR • ADMITTED TO NEW JERSEY BAR ALSO + ADMITTED To FLORIDA BAR ALSO a MASTERS IN BVSINESS ADMINISTRATION October 6, 2011 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: All Parties In Interest And Claimants OWNER(S): TROY A. ECKENRODE PROPERTY: 313 Walnut Dale Road, Cumberland County, Shippensburg, PA 17257 (See attached description) IMPROVEMENTS: Single family Double-wide TAX PARCEL(S): 39-14-0165-045 LEON H. Fox 1901-1962 JAMES P. Fox 1936-1999 SHIRLEE ANN MILLER ESTATE PARALEGAL The above-captioned property is scheduled to be sold on Wednesday, March 7, 2012 at 10:00 a.m., at the Cumberland County Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the properties which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. You should check with the Sheriff's Office, by calling (717) 240-6390, to determine the actual date and time of the filing of said s-chedule. Cra g H Fox V U Att r v for laintif LEGAL PROPERTY DESCRIPTION ALL THAT CERTAIN lot of ground, situate in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a railroad spike set in Township Route 323, known as Walnut Dale Road, at the corner of Lot No. 3 on the hereinafter described Subdivision Plan; thence, North 24 degrees 57 minutes 20 seconds East 190.87 feet to an existing railroad spike at the corner of lands now or formerly of Daniel C. Mixell, known as Lot No. 2 on the hereinafter described Subdivision Plan; thence along said lands now or formerly of Daniel C. Mixell, South 59 degrees 19 minutes 10 seconds East 233.92 feet to an existing iron pin at lands now or formerly of the Commonwealth of Pennsylvania; thence along said lands now or formerly of the Commonwealth of Pennsylvania, South 49 degrees 21 minutes 17 seconds West 249.48 feet to a set iron pin at the corner of remaining lands now or formerly of Donald Bauserman, known as Lot No. 3 on the hereinafter described Subdivision Plan; thence along said Lot No. 3, North 43 degrees 58 minutes 51 seconds West 141.34 feet to a set railroad spike in Township Route 322, the place of beginning. CONTAINING a total area of 40,660 square feet (0.933) and designated as Lot No. 4 on a Subdivision Plan of Lands for Donald Bauserman, dated December 6, 1991, prepared by Steven P. Wolfe and recorded in Cumberland County Plan Book 64, Page 105. BEING Parcel No. 39-14-0165-045. TITLE IS VESTED IN Troy A. Eckenrode, by Deed from Vonnie J. Eckenrode, dated 2/10/2006 and recorded 2/23/2006 in Record Book 273 page 1369. IMPROVEMENTS: Single family Double-wide ,? aNrrEasre>?s • Certificate Of Mailing This Certificate of Making provides evidence that mail has been presented to USPS®for making. This form may be used for domestic and irdematlond mei. Fr*m:Craig He Fox Esquire FOX AND FOX Attorneys at -i To: Shippensburg Borugh. Au (water) 4b P.O. Box 129 Shippensburg, PA 17257 PS Form 3817, Apr# 2007 PSN 7530-02-0009065 gtosb .,-( 3 rgn . CertlflcaW Of Makin VOSUL 00 viden that M91 TTthiK iormim?ay°ti H danc and ird?emational inept °°m meted to U9PS® for meiUrg. The,,Craig Fox, Esquire orneys at aw, C. 7A n OON O N O ? J O 0 Q a CY) o ? a A .. C1 O N'0 ?_ ? ??' 40 ?40t 0 Qa.i rA . O -„ O PA Dept. of Public Wlf r . V u Harrisburg, PA 17105-8018 PS Form 3817, 0 2007 PSN 7530-02-000.9065 9 Losb'CO UN'TIEDSUM S??Q Certlficafe Of Mailing j PA been presented to USP9ID roe making. This Certificate of Maim? presides evidence Ihat,mail has This form may be used or domestic and irdemetnrel rroi. From: Craig H. Fox, Esquire Attorneys at aw, .C. To: Southampton townshi p 200 Airport Road ? Shippensburg, PA 1 f_ti PS Form 3817, Aprf7 2007 PSN 753002-0009065 cl, (' "'b `i a ONE LA AAA ,`i Q} 6 (` 4 -' 81 1 N •??ee O M UNITEDSUTO ' Certificate Of Mailin This CeRiiicete of Mailing es evidence that has tram presented to USPS®formaking. From C raig?H.=providFox,?eEsqmail uire 7AF? ^ M^?? P-le-e aw' - Norr s w P p N j ?"? G7 ommonwea o ennsy vat may. ?to T° De t. of Public welfare 0 CO o ' asua y n ? ? ? ? b4 m P.O. Box 8486 ? 4~ ? 0")..s? z • r? PS Form 3$17, April 2007 PSN 7530-02-000.9065 C i tMrm?srma IN -m is PCsTbCSERVl?• Certificate Of Mailing This Certificate of Meting provides e~ce that mail has been presented to USPS® for making. . This form may be used for domestic w4 International ma l Fro-Craig H. Fox, Esquire FOX AND ttorneys at aw, .C. Norri gtokM SPA 19401 °qN g aj 4- T°: Domestic Relations of 'L Cumberland County m( 13 N. Hanover Street, o y Carlisle, PA 17013 a . a& (LP 1 ; PS Form 3817,'Apri 2007 PSN 7530-02-000-9065 C5 9 (so-1a LNWYEDSMM ? PC S KSOV1E• Certificate Of Mailing This Certificate of Making provides evidence that mail has been presented to USPS® for making. This form may be Lmd for domestic end international mak. From: Craig H. Fox, Esquire s Attorneys a Law, P.C. 6 70 9fte Montgomery Plaza Narri stnwn,PA 19401 ":5 Ink ` C W To: Shippensburg Arise Scho stric '0 w?to o ' 317 N. Morris Street j > Shippensburg, PA 1725 I 1S6 a o ? 0, Q PS Form 3817, Apa 2007 PSN 7530-02-000-9065 91611;?b Cc ^d O a UNfMS4M PCSIM «o Certificate Of Mailing This Certificate of Matmg provides evidence that mail has been presented to USPS® for mating. This form maybe used for domestic and In"'Mational mat. From: Craig H. Fox, Esquire orneys a aw, .C. d To: Inheritance Tax Division PA Dept. of Revenue Dept. #280601 Harrisburg, PA 17128-0601 PS Form 3817, April 2007 PSN 7530-02-000-9065 POSUL • Certificate Of Mailing . This Certificete of Meiirg providesevidence that meii hes been presented to U formooing This fo? mey tie useQ(pr dort ic arM iM@et"anal mgt. From: ra g tj jrox, Esquire . . Norristown, PA 19401_/ -,a ,:Wendy Eckenrode ?? '??• 313 Walnut Dale Road 6- O Shippensburg, PA 1725 M O 15/ PS Form 3817, April 2007 PSN 7530-02-000-9065 q('?7' . LfiNMSTAM ?POSM• Certificate Of Ma11128 This Certificate of Mating provides evidence mat mail has been presented to USPS®for mating. This form mey be used for domestic and international met. From :Cra ig H. Fox, Esquire VOX AND VVX orneys at aw .C. 706 One Mefttgemet?y-..Laza. To: Cumberland County Taxt,' Claim Bureau c? 1 Courthouse Square S iti)A fl Old Courthouse earitste, PA i?013 PS Form 3817, April 2007 PSN 7530-02-000-9065 00 C: ON 4- W2A 1 Q'.. C) rn, n ? J 0N ,???`? C o,? U ?©r ..i 1 N ire VQ m om.r, O O N ??!!,,?? C O N ? ?L?a U? O \S rn ? ? m d 1101 z O / ? ms`s O t unNtWsTATES PO9YatSERVKre Certificate Of Mailin This Certificate of Marling pr&Ades. evidence that mail has been presented to USPS® for mailing This t may be used for domestic and.intemational mail From?raig H. Fox, Esquire FOX AND FOX AtLorneys ar Law, P.C. 706-G3ae-MantgemeFy Fiesa To: Register of Wills of .' f T, Carlisle, PA 17013 `, -. A'y PS Form 3817, April 2007 PSN 7530-02-000-9065 q (esaq D UN EasmrO ?POS7!lLSYICE• Certificate Of Maliing This all orMaAirg provides evidence the marl has been presented to USPSIV for moling. This Corm maybe used ror danestic aM frdemetional mei. From: Craig H. Fox, Esquire FOX AND POX Attorneys Law, .C. 706 Ofte Mentgemery Plaza ,:Commonwealth of PA 6th fl, Strawberry Squarb4ZMoy Dept. #ZdUbU1 Harrisburg, P* 1712 PS Form 3817, April 2007 PSN 7530-02-000-9065 I mail Of 9'o' Aoila-JL "It • sencea to o usPS®10f maaire. g ?ihet mait ties been pre and gf!!j fir?iebe MtAegir d to dan[o intS Quire , C . This CeRi Thst«?Crai9 H' FOX' ° n ys a a From Sn 00N C Q N -d CS 0) 11 O rr, rn ? O /•r $, 00N C ON17? (nom '. rn Y Y ?a a ?i? Fn me -<; o ? -. o it O tv -O O l 00 O_ i\ l Q ? 1 a PA Commonwealth °f ?a Te: ax ice yr n er tance Stree Garden S ring t140: P 19130 f_ PhiladelPhia1) 1) PA 3$17, APry12^007 pSN 7530 02-0005 PS Farm? ?..., 0 4 -qff ulvm®sm7rs FOMSENWES Certificate Of Mailing This Certificate of Marling Provides "dance that mail has been presented to-USPSA for maiirg. This form may be used for domestic and irdernatwnal mei. From: Craig H. Fox, Esquire FOX AND FOX Attorneys at La,iE To: Southampton Township (trash service) 200 Airport Road MQ Shippensburg, PA 17257 PS Form 3817, April 2007 PSN 7530-02-000.9065 q (ez -T?? -MM UNnUISMIES • Certificate Of Mailing This Certificate of Maiirg Provides evidence that mail has been presented to USPS® for mailing. This form may be used /or domestic and international mel. From:Craig H. Fox, Esquire orneys a j.• , .C. To: PA Dept. of Revenue P .O. Box 218230 Harrisburg, PA 17128-1230 PS Form 3817, Apa 2007 PSN 7530-02-000-9065 a UANTEDSIWES POSMSETYK,Ea certmaate of MaiOn This Certificate Of}Maaii proWdes,ev'do - that mai has been presented to USPS® for maiirg. This rom '.+? a1 gd.m ox , s q Mal F re FOX AND FOX Atturneys at taw, P C. 2i Vivian Coy, local tans QUAWak-10 TO: 200 Airport Road O ' Shippensburg, PA 172 t L, _.w P, O _N G rr c Y. O *? rn -e; t7t Ci - OO=5 T? C O ?. aZ? rn 0,41 N •? o ? oo?? C ONE ? ? o Cd ? ? ? (TT +O l s rn . ?q N r?r?? O CA 6 PS Form 3817, April 2007 PSN 7530-02-000.9065 9 ?:5v ? L WMISTAM PasmT5 RY 6 Certificate Of Mailing This Certificate of Meiling provides evidence that mail has been presented to USPS® for Melling. This f ey b r f doma? c and int nal mail. From?ra?gI. P'ox, esquire FOX AND FOX Atturneys at .C. 706 nnn MnntG?mE£Tr?aZ$ Norristown. PA' 19401 T,. USA/Internal Re 1000 Liberty Ave. 112 Pittsburgh PA 15222- iSia% PS Form 3817, April 2007 PSN 7530-02-000.9065 ONN-? 0 o \? R Q''. 4 rn ?W N •? Qg O ? t? FOX AND FOX ATTORNEYS AT LAW, P.C, By: Craig H. Fox, Esquire Atty. I.D. #49509 By: Benjamin E. Witmer, Esquire Atty. I.D. #89100 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 (610) 275-2866 Fax SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC., f/k/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 801 Wayne Avenue Chambersburg, PA 17201 V. TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 COIN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 11-5192 CIVIL PETITION OF PLAINTIFF TO POSTPONE THE SHERIFF'S SALE OF THE REAL ESTATE LOCATED AT 313 WALNUT DALE ROAD CUMBERLAND COUNTY SHIPPENSBURG, PA 17257 Now comes the Plaintiff, by and through its attorneys, Fox and Fox Attorneys at Law, PC, pursuant to Rule 3129 et seq of the Pennsylvania Rules of Civil Procedure, to postpone the sale of the real estate located at 313 Walnut Date Road, Cumberland County, Shippensburg, PA 17257 (the "Property"). In support thereof, Petitioner states the following: 1. Plaintiff filed a. writ of execution scheduling the sale of the Property for March 7, 2012. 2. Since then the parties have been attempting to resolve the mortgage default. G:\9600\9650.92\9650-92 Postpone Sheriff Sale Motion 120425.DOC 3. Plaintiff requires a Court Order in order to further postpone the sheriff sale. 4. Accordingly, Plaintiff requests that the sale of the Property be further postponed as detailed in the attached Order. 5. Pa.R.C.P. 3129 et seq requires Plaintiff to obtain an Order of Court for this additional postponement. 6. The postponement of the Sheriff's Sale of the Property will not prejudice either party and, in fact, will benefit both parties, especially the defendant, who will have additional time to own the Property and resolve the mortgage default. 7. This case has not been assigned to a Judge. 8. Pursuant to Local Rule, Defendant is unrepresented and Plaintiff has no manner in which to seek concurrence except by mail. WHEREFORE, Plaintiff respectfully requests that this Honorable Court issue the attached Order postponing the sale of the Property. WOLF & WOLF, Attorneys at Law By By: Nat ha C. lf, Esquire C Local C sel A G 1960019650;92\9650-92 Postpone Sheriff Sale Motion 120425,DOC FOX AND FOX ATTORNEYS AT LAW, P.C., FOX neys for inti VERIFICATION I, CRAIG H. FOX, ESQUIRE, hereby verify that I am counsel for Plaintiff named in the foregoing Petition, that I am authorized to take this Verification on their behalf, and that the statements made therein are true and correct to the best of my knowledge, information and belief, and that these statements are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. FOX AND FOX ATTORNEYS AT LAW, PC By: 0:19600\9650,92\9650-92 Postpone Sheriff Sale Motion 120425,DOC FOX AND FOX ATTORNEYS AT LAW, P.C. By: Craig H. Fox, Esquire Atty. I.D. #49509 By: Benjamin E. Witmer, Esquire Atty. I.D. #89100 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 (610) 275-2866 Fax SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC., f/k/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 801 Wayne Avenue Chambersburg, PA 17201 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 11-5192 CIVIL V. TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129 et seq. allows for postponements of a sheriff's sale. In the present matter, the sale has been previously postponed as a result of the parties attempting to resolve the mortgage default. The parties are still attempting to resolve the default and an additional postponement is necessary. Accordingly, an additional postponement of the Sheriff Sale is requested. Pennsylvania Rule of Civil Procedure 3129 et seq. allows for this additional postponement of the sale without new notice by Special Order of Court. Accordingly, for the reasons hereinabove stated, and as GA9600\9650.92\9650-92 Postpone Sheriff Sale Motion 120425,000 more particularly set forth in the Petition to Postpone Sheriff Sale filed in conjunction herewith, Plaintiff respectfully requests a continuance of the Sheriff Sale of the mortgaged premises as detailed in the attached Order. WOLF & WOLF, Attorneys at Law By ath n olf, Esquire Loca C nsel FOX AND FOX ATTORNEYS AT LAW, P.C. 7 By; CRA C(- X Att or Plair `iff GA9600\9650.92\9650-92 Postpone Sheriff Sale Motion 120425.130C FOX AND FOX ATTORNEYS AT LAW, P.C. By: Craig H. Fox, Esquire Atty. T.D. #49509 By: Benjamin E. Witmer, Esquire Atty. I.D. #89100 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 (610) 275-2866 Fax SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC., £/k/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 801 Wayne Avenue Chambersburg, PA 17201 V. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 11-5192 CIVIL TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 CERTIFICATE OF SERVICE I, Craig H. Fox, Esquire, hereby certify that a true and correct copy of the within Petition of Springleaf Financial Services of Pennsylvania, Inc., fka American General Consumer Discount Company to Postpone the Sheriff's Sale of the Real Estate was served on the date set forth below, on the following by way of U.S. mail first class postage prepaid: TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 FOX AND FOX ATTORNEYS AT LAW, PC Date: 4/26/12 By: ??-? f TGf FOX tt neys fo Plaintiff 66:\9600\9650.92\9650-92 Postpone Sheriff Sale Motion 120425 DOC FOX AND FOX ATTORNEYS AT LAW, P.C. By: Craig H. Fox, Esquire Atty. I.D. #49509 By: Benjamin E. Witmer, Esquire Atty. I.D. #89100 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 (610) 275-2866 Fax SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC., f/k/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 801 Wayne Avenue Chambersburg, PA 17201 V, TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 " fLE s. f ui r jJ :, (HE 2012 MAY -2 AM 8: S6 CUMBERLAND LUUN-Fy PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 11-5192 CIVIL O R D,E R AND NOW, this y)Ad °day of 2012, upon consideration of Plaintiff's Petition to Postpone the Sheriff's Sale of the property located at 313 Walnut Dale Road, Cumberland County, Shippensburg, PA 17257 it is hereby ORDERED that said Sherif'f's Sale is postponed until the June 6.f 2012 Sheriff Sale date. It is further ORDERED and DECREED that no new Notices or advertising shall be required for the Sheriff's Sale, BY THE COURT: a Pe, ?el 0:\9600\9650.92\9650-92 Postpone Sheriff Sale Motion 120425DOC ? --,y Iq- kfeke,?rod-e ? boy a- rax )ql* w .< ? &P, es tKa . l tld 51:alla he,-,re- FOX ? FOX, ATTORNEYS AT LAST, P. C Sy: Craig H. Fox, Esquire Atty. I.D. #49S0'9 By: ftniamin Z. Witmer, Esquire Atty. I.D. #89100 706 One Montgomery Plaza Norristown, FA 19401 (610) 275-7990 (610) 275-2866 Fax BIRD c F FIxANCIAL OZRVICEB OF PXN"YLVANIA, INC., , f/k/a 1 ICAN ORAL CONSUMER t: DISCOUM OANY 801 Wayne Avenue Chambersburg, PA 17201 . vi, TROY A. EC 313 Walnut Dale Road Shippeatburq, PA 17257 TFlr(n, ZP12 HA Y 23 py 1:13 CUMQ,ERZA ??MN F?fDo 11/d I YLVAN1A. COURT OF 'CST PLXU OF 11D COUNTY, FA No. 11-5192" CIVIL Now comes the Plaintiff, by and through its attorneys, Fox and Fox Attorneys at Law, PC, pursuant to Rule 3129 et seq of the Pennsylvania Rules of Civil Procedure, to postpone the sale of the real estate located at 313 'Walnut Date Road, Cumberland County, Shippensburg, PA 17257 (the "Propertyl'). In support thereof, Petitioner states the following; 1. Plaintiff filed a writ of execution scheduling the sale of the Property for March 7, 2012. 2. Since then the parties have been attempting to resolve the mortgage default. G:1960019650.9219650-92 Podpone Sheriff Sale M060n 2nd 12052 LDOC l 3. Plaintiff requires a Court Order in order to further postpone the sheriff sale. 4 Accordingly, Plaintiff requests that the sale of the Property be further postponed as detailed in the attached Order. 5. Pa.R.C.P. 3129 et seq requires Plaintiff to obtain.;Ln Order of Court for this additional postponement. 6. The postponement of the Sheriff's Sale of the Property will not prejudice either party and, in fact, will benefit both parties, especially the defendant, who will have additional time to own the Property and resolve the mortgage default. To This case has been assigned to The Honorable Christylee L. Peck. 8. Pursuant to Local Rule, Defendant is unrepresented and Plaintiff has no manner in which to seek concurrence except by mail. WHEREFORE, Plaintiff respectfully requests that this Honorable Court issue the attached Order postponing the sale of the Property. WOLF & WOLF, Attorneys at Law $y _'.e!f/t:gztf?2 By / Na€ ouWolf, Esquire Lo nsel G:196E11)l%30.4219650-93 Pos*m Sheriff Sale Motbaand 120321.DOC FOX AND FOX ATTORNRYS AT LAW, P.{ C. VZR1r1C k' 202 I, CRAIG H. FOX', ESQUIRE, hereby verify that I am coun-001 for Plaintiff named in the foregoing Petition, that I am authorized to take this Verification on their behalf, anC that the statements made therein are true and correct to the bash of my knowledge, information and belief, and that these statements are made subject to the penalties of 18 Pa. C.S. J 4904 relating to unworn falsification to authorities. FOX AND FOX ATTORNEYS AT LAW, PC Bar : G 196M9650.9219650-92 Pvs"m Sheriff Sale Motkm2nd I2052LDOC . FOX ]IIIiD FOX ATTORNEYS AT LAM, P. C,, By: Ovaig R. rox, Esquire Atty.. I.D. #49SO9 By: Benjamin E. Witmer, $sgasr• Atty. I.D. #8*100 706 On* D*ntgcwmLry Plaza Noxristoma, PA 19401 (610) 275-7990 (610) 275-2866 Fax SP t2LEAg' P3UAMIAL SERETI Or P MSYLVANIA, INC., f/k/a AJOWCAN FERAL C0USE R DISCOURT COMPANY 801 'itayne Avenue Chambersburg, FA 17201 V. TROY A. E E 313 Walnut Dal* Road Shipponobarrg, PA 17257 PS.A MIFF'' 8 or Pennsylvania Rule of Civil Procedure 3129 et seq. allows for postponements of a sheriffs sale. In the present matter, the sale has been previously postponed as a result of the parties attempting to resolve the mortgage default. The parties are still attempting to resolve the default and an additional postponement is necessary. Accordingly, an additional postponement of the Sheriff Sale is requested. Pennsylvania Rule of Civil Procedure 3129 et seq. allows for this additional postponement of the sale without new notice by Special Order of Court. Accordingly, for the reasons hereinabove stated, and as 0*\9600\%50.9219650-92 Postpone Sheriff Sale Motim2*1 120521.130C . more particularly set forth in the Petition to Poste",'; :ff Sale 'filed in conjunction herewith, Plaintiff respectfUlI requests a continuance of the Sheriff Sale of the mortgag° premises as detailed in the attached Order. WOLF & WOLF, Attorneys at Law FOX AND FOX A'e LAN, P.C. Bye By: Mat Wolf, Esquire FOX Local ounsel ] s for P. iff G:\96QQOM.92%9650.92 Poke 3horif * Wiw2nd 20521.DOC ¦ FM AND FOX ATTORNEYS AT LAW, P.C. By: Craig H. Fox,, 8squire Atty. I.D. #49509 By: Benjamin E. Witmer, Esquire Atty. I.D. #8°9100 706 One Mont owery Plaza Norristown, PA 19401 (610) 275-7940 (610) 275-2866 Fax SPRIVGLZAF FINANCIAL SERVICES OF PRNNSYL lIA, INC., f/k/a Abowc n Consta 6R Disco um CQNP7MN7C 801 Wayne kvenu* Chambecsburg, PA 17201 V. TROY A. E 313 Walnut Dale Road Shippeesburg, PA 17257 COURT OF Comm PLNAS° of CLB?8iR7yi TD COUNTY , PA No. 11-5192 CIVIL CRRTIFICATE OF SCR I, Craig H. Fox, Esquire, hereby certify that a true and correct copy of the within Petition of Springleaf Financial Services of Pennsylvania, Inc., fka American General Consumer Discount Company to Postpone the Sheriffs Sale of the Real Estate was served on the date set forth below, on the following by way of U.S. mail first class postage prepaid: TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 FOX AND FOX ATTORNEYS AT LAW, PC Date: 5/22/12 By: G:49600%M.92\9650 92 Postpone Sheriff Sale Motion 2nd 12052 f DOC FOX AND FOX ATTORNEYS AT LAW, P.C. By: Craig H. Fox, Esquire Atty. I.D. #49509 By: Benjamin E. Witmer, Esquire Atty. I.D. #89100 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 (610) 275-2866 Fax SPRINGLEAF FINANCIAL SERVICES ; OF PENNSYLVANIA, INC., f/k/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 801 Wayne Avenue Chambersburg, PA 17201 V. TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 F fr,? j' r Tit Z 9;° Y 2 5 PH 3: PENN) Y[_vA;.q1A ` COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 11-5192 CIVIL O R_D E R AND NOW, this_),5,-day of , 2012, upon consideration of Plaintiff's Petition to Postpone the Sheriff's Sale of the property located at 313 Walnut Dale Road, Cumberland County, Shippensburg, PA 17257 it is hereby ORDERED that said Sheriff's Sale is postponed until the August 8, 2012 Sheriff Sale date. It is further ORDERED and DECREED that no new Notices or advertising shall be required for the Sheriff's Sale. BY THE COURT: Hon. Chri tylee L. Peck J. Distribution: Craig H. Fox, Esquire for Plaintiff Troy A. Eckenrode, Pro Se Office of the Sheriff of Cumberland County &P'-es ma.le-d 51d4,11 e T G79600\9650.92\9650-92 Postpone Sheri Motion 2nd 120521,DCX ?? L FOX AND FOX ATTORNEYS AT LAW, P.C. By: Craig H. Fox, Esquire Atty. I.D. #49509 By: Benjamin E. Witmer, Esquire Atty. I.D. #89100 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 (610) 275-2866 Fax SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC., £/k/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 801 Wayne Avenue Chambersburg, PA 17201 V. TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 PETITION OF THE SHERIFF'S SALE 313 WALNUT DALE ROAD, CUMBE H N12 JUL 20 AM I I I CUMBERLAND COU i PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 11-5192 CIVIL kINTIFF TO POSTPONE THE REAL ESTATE LOCATED AT ND COUNTY, SHIPPENSBURG. PA 17257 Now comes the Plaintiff, by and through its attorneys, Fox and Fox Attorneys at Law, PC, pursuant to Rule 3129 et seq of the Pennsylvania Rules of Civil Procedure, to postpone the sale of the real estate located at 313 Walnut Date Road, Cumberland County, Shippensburg, PA 17257 (the "Property"). In support thereof, Petitioner states the following: 1. Plaintiff filed a writ of execution scheduling the sale of the Property for March 7, 2012. 2. Since then the parties have been attempting to resolve the mortgage default and continue to work towards such 6 \9600\9650.92\9650-92 Postpone Sherift'Sale Motion 3rd 120713 DOC resolution. 3. Plaintiff requires a Court Order in order to further postpone the sheriff sale. 4. Accordingly, Plaintiff requests that the sale of the Property be further postponed as detailed in the attached Order. 5. Pa.R.C.P. 3129 et seq requires Plaintiff to obtain an Order of Court for this additional postponement. 6. The postponement of the Sheriff's Sale of the Property will not prejudice either party and, in fact, will benefit both parties, especially the defendant, who will have additional time to own the Property and resolve the mortgage default. 7. This case has been assigned to The Honorable Christylee L. Peck. 8. Pursuant to Local Rule, Defendant is unrepresented and Plaintiff has no manner in which to seek concurrence except by mail. WHEREFORE, Plaintiff respectfully requests that this Honorable Court issue the attached Order postponing the sale of the Property. WOLF & WOLF, Attorneys at Law FOX AND FOX ATTORNEYS AT LAW, P. C. By: By Natha Wolf, Esquire P IG FOX Lo 1 ounsel Alto eys for Pl ntiff G:19600i9650.92\9650-92 Postpone Sheriff Sale Motion 3rd 120713 DOC VERIFICATION I, CRAIG H. FOX, ESQUIRE, hereby verify that I am counsel for Plaintiff named in the foregoing Petition, that I am authorized to take this Verification on their behalf, and that the statements made therein are true and correct to the best of my knowledge, information and belief, and that these statements are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. FOX AND FOX ATTORNEYS AT LAW, PC By: G:\9600\9650.92\9650-92 Postpone SheritfSale Motion 3rd 120713.DOC FOX AND FOX ATTORNEYS AT LAW, P.C. By: Craig H. Fox, Esquire Atty. I.D. #49509 By: Benjamin E. Witmer, Esquire Atty. I.D. #89100 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 (610) 275-2866 Fax SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC., f/k/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 801 Wayne Avenue Chambersburg, PA 17201 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 11-5192 CIVIL V. TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129 et seq. allows for postponements of a sheriff's sale. In the present matter, the sale has been previously postponed as a result of the parties attempting to resolve the mortgage default. The parties are still attempting to resolve the default and an additional postponement is necessary. Accordingly, an additional postponement of the Sheriff Sale is requested. Pennsylvania Rule of Civil Procedure 3129 et seq. allows for this additional postponement of the sale without new notice by Special Order of Court. Accordingly, for the reasons hereinabove stated, and as GA9600\9650,92\9650-92 Postpone Sheriff Sale Motion 3rd 120711DOC more particularly set forth in the Petition to Postpone Sheriff Sale filed in conjunction herewith, Plaintiff respectfully requests a continuance of the Sheriff Sale of the mortgaged premises as detailed in the attached order. WOLF & WOLF, Attorneys at Law By: Ratner. Wolf, Esquire Loc Counsel FOX AND FOX ATTORNEYS AT LAW, P.C. By 1, -'.:...._i TZneys . FOX r for P1 intiff G:\9600\9650.92\9650-92 Postpone Sheriff Sale Motion 3rd 120713,DOC FOX AND FOX ATTORNEYS AT LAW, P.C. By: Craig H. Fox, Esquire Atty. I.D. #49509 By: Benjamin E. Witmer, Esquire Atty. I.D. #89100 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 (610) 275-2866 Fax SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC., f/k/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 801 Wayne Avenue Chambersburg, PA 17201 v, TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 11-5192 CIVIL CERTIFICATE OF SERVICE I, Craig H. Fox, Esquire, hereby certify that a true and correct copy of the within Petition of Springleaf Financial.. Services of Pennsylvania, Inc., fka American General Consumer Discount Company to Postpone the Sheriff's Sale of the Real Estate was mailed on the date set forth below, on the following by way of U.S. mail first class postage prepaid: TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 FOX AND FOX ATTORNEYS AT LAW, PC Date: 7/20/12 By cRAZ H. Atto rae,? for Plaii/Liff G:\9600\9650.92\9650-92 Postpone Sheriff Sale Motion 3rd 120713, DOC (?n FOX AND FOX ATTORNEYS AT LAW, P.C.. By: Craig H. Fox, Esquire Atty. I.D. #49509 By: Benjamin E. Witmer, Esquire Atty. I.D. #89100 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 (610) 275-2866 Fax SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC., f/k/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 801 Wayne Avenue Chambersburg, PA 17201 V. TROY A. ECKENRODE 313 Walnut Dale Road Shippensburg, PA 17257 m .k HE PRO H01 12 JUL 24 PM 2: 31 CUMBERLAND COUN F 'f PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 11-5192 CIVIL O R D E R AND NOW, this y& day of 9t- O 2012, upon consideration of Plaintiff's Petition to Postpone the Sheriff's Sale of the property located at 313 Walnut Dale Road, Cumberland County, Shippensburg, PA 17257 it is hereby ORDERED that said Sheriff's Sale is postponed until the October 3, 2012 Sheriff Sale date. It is further ORDERED and DECREED that no new Notices or advertising shall be required for the Sheriff's Sale. BY THE COURT: 7 :Hon. Ch istylee L. Peck J. Distribution: JCraig H. Fox, Esquire for Plaintiff 'Troy A. Eckenrode, Pro Se ?Office of the Sheriff of Cumberland County GA9600\9650.92\9650-92 Postpon Stier iif ale Motion 3rd 120713,DOC