Loading...
HomeMy WebLinkAbout11-7303I F.\Clients\11470 Members l stTILES\Current\153 Shafer\I 1470. 153.complaintwpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 1 rya n? fn rv r'•,J >. -n ' rF rn 7-3 c) CD t -11M MEMBERS 1sT FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2011- 7303 CIVIL TERM DONNA J. SHAFER, IN MORTGAGE FORECLOSURE Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWYER Contact: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 7 %^ C # a1 /s'/3 R#-L c0q FI NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. §201, ET SEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint is a Creditor to whom the debt is owed. The Creditor's law firm, Martson Deardorff Williams Otto Gilroy & Faller, is filing this Complaint on behalf of the Creditor. The debt described in the Complaint attached hereto and evidenced by the copies of the promissory note will be assumed to be valid by the Creditor's law firm, unless the Debtor(s), within thirty (30) days after receipt of this notice, disputes, in writing, the validity of the debt or some portion thereof. 4. If the Debtor(s) notifies the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor(s) by the Creditor's law firm. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor(s) makes written request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor(s) by the Creditor's law firm. 6. Written request should be addressed to: MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Attn: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 THIS DOCUMENT MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT FOR THE PLAINTIFF AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. F.\Clients\I1470 Members I st\FILES\Current\153 Shafer\L 1470.153.complaintwpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff V. DONNA J. SHAFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011- CIVIL TERM IN MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes the Plaintiff, MEMBERS I't FEDERAL CREDIT UNION, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Complaint in Mortgage Foreclosure upon the following: 1. Plaintiff, Members 1" Federal Credit Union ("Plaintiff'), is a federally chartered credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant, Donna J. Shafer ("Defendant"), is an adult individual residing at 232 S. Enola Drive, Enola, PA 17025. 3. Defendant is the owner of the real property located at 232 S. Enola Drive, Enola, PA 17025 (`'Real Property"), and more fully described in a certain deed recorded in the Office of the Recorder of Deeds in Cumberland County, Pennsylvania, Book 281, Page 397, which is encumbered by the Mortgage described below. 4. On or about July 20, 2007, Defendant executed a Promissory Note (the "Note") with Plaintiff in the amount of $139,050.00. A true and correct copy of the Note is attached hereto as Exhibit "A" and is incorporated herein by reference. 5. As security for the performance of her obligations under the Note, Defendant, as Mortgagor, made, executed and delivered to Plaintiff, as Mortgagee, a mortgage upon the Real Property (the "Mortgage"). A true and correct copy of the Mortgage containing a complete legal description of the Real Property is attached hereto and incorporated as Exhibit "B." 6. The Mortgage has not been assigned, but is serviced by Midwest Loan Services, Inc. 7. Defendant is the owner of the Real Property, and Plaintiff knows of no other persons holding an ownership interest in the Real Property. 8. Plaintiff has made demand for payment of all sums due and owing thereunder, but Defendant has failed to make said payment. 9. Plaintiff provided Defendant with notice of the period in which Defendant's default may be cured, but Defendant has failed to cure her default. 10. As authorized under the Mortgage, the loan obligation to Plaintiff from Defendant has been accelerated. 11. The total sum due and owing from Defendant under the Note, as of August 4, 2011, is itemized as follows: Principal: $133,110.45 Late Fees: $408.83 Interest as of August 4, 2011: $4,409.28 Court Costs and Fees (estimated): $500.00* Attorney Fees: $13,311.00 Total as of August 4, 2011: $151,739.56 Plus interest accruing at $24.16 per day from August 4, 2011, until paid in full. *To be determined by the Cumberland County Sheriff. 12. Plaintiff specifically reserves the right to increase the Court Costs and Fees, and Attorney Fees listed above should additional services be requested and/or costs/charges/fees be incurred as a result of the collection of the money owed and foreclosure of the Real Property. 13. Pursuant to the notice provision of Act 6, 41 P.S. § 403, and Act 91, 35 P.S. § 1680.403(c) (collectively, the "Notice"), Plaintiff sent notices of intention to foreclose mortgage and of the mortgage assistance program dated June 8, 2011, to Defendant by certified mail, return receipt requested. WHEREFORE, Plaintiff demands judgment against Defendant under the Note in the amount of $151,739.56, plus interest from August 4, 2011, at the rate of $24.16 per day until the debt is paid in full. MARTSON LAW OFFICES Y Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: ?jvr 2 , 2011 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 1st Federal Credit Union. Any information received will be used for that purpose. EXHIBIT "A" NOTE LOAN # 11111111110? JULY 20TH, 2007 HARRISBURG PA Paul [Caril [stml 232 S 3NOLA DRIVE, MQIOLA, PA 17025 V'rop" Addrml 1. BORROWER' S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.& $ 139,050.00 (this amount is called "Principal"), plus interest, to the order of the Leodex. The Lender is MEMBERS 1ST FMW.AL CREDIT UNION I will make all psymetrta under this Nate in the form of cash, check or money order. . I understand that the Leader may transfer this Nota The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." Z. IlVT'ERES"I` Interest will be charged on unpaid principal uaffi the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.625 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Pierce of Payments I will pay principal and interest by making a payment every month- I will make cry monthly payment on the 1ST day of each month beginning on SEPT84188R 1sT, 2007. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on AUGUST 1ST, 2037 , I still owe amouzzis under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 5000 LOUISE DRIVE, MECHANICSBURG, PA 10755 or at a different place if required by the Note Holder. (8) Amount of Monthly Payments My monthly payment will be in the amount of U. S. $ 890.36 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I • may not designate a payment as a Prepayment if I have not made all the monthly paymamls due under the Note. I may make a full Prepayment or partial l?epayaldents without paying a Prepayment charge. The Note Holder will use my Prepaymeriti to reduce the amount of Primer aIt that I awe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Pre payment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-Single Family-Fannie MselFrsddie Mao UNIFORM INSTRUMENT Form 3200 1101 Wolters Kluwer Financial Services VMP®-8N (0207)•01 Paps 1 of 3 Indies: 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by-the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payer to me. If a refimd reduces Principal, the reduction will be treated as a partial Prepayment 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN calendar days after the date it is due,.I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest I will pay this late charge promptly but only once on each late payment (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default (C) Notice of Default If I am in defwA the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even it at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later times (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full sa described above, the Note Holder will bave the right to be paid back by me for all of its costs and eopenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable aforneys' fed. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a diffwmt address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any parson who is a guareator, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Notes 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 320 V M P®-5 N (0207).01 Pogo 2 of 3 iniew* 10. UNIFORM SECURED NOTE This Note is a uniform instrument with linuted variations in some jurisdictions. In addition to the protections given to the Nate Holder under this Norte, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrumae), dated the same data as this Note, protects the Note Holder from possible losses which might result if 'I do not keep the promises which I make in this Note. That Security Instrument demibm how and under what conditions I may be required to make immediate payment in full of all amounts I awe under this Notes Some of those conditions are described as follows: If all or any part of the Property or mW Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or trwexred) without Leader' s prior written consent, Lender may require immediate payment in fbd of all sums secured by this Security Instrument. However, this option shall not be worcised by Leader if such exarcise is prohibited by Applicable Law. If Lender exercises this option, Leader shall give Borrower notice of acceleration. The notice shall provide a period of not Is= than 30 days from the data the notice is given in accordance with Section 15 within which Borrower must pay all soma segued by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Leader may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDEMGNNED. (Seal) DCJ IM J S 9YER -Borrower (Sell) -Bonowx (sad) -Borrower (seal) -Borrower -(Seal) -Borrower [Sign Original On& (Seal) -Borrower (Seal) -Borrower (Sew) -Borrower VMP8-6N (0207).01 Papa3of3 Form 3200 1101 EXHIBIT "B" .y ROBERT P. ZIEGLER j a 200?* JUL 2'I AM 8 13 Prepared By: DEBBIE HECKARD 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 (717) 795-6026 Return To: MEMBERS 1ST FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, PA 10755 717-795-5177 Parcel Number: 09-151-29-12-46-00000 Premises: 232 S ENOLA DRIVE ENOLA, PA 17025 [Space Above This Une For Recording Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) 'Security Instrument" means this document, which is dated JULY 20TH, 2007 , together with all Riders to this document. (B) "Borrower" is DONNA J SHAPER Borrower is the mortgagor under this Security Instrument. (C) "Lender" is MEMBERS 1ST FEDERAL CREDIT UNION PENNSYLVANIA - Single Family -Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3039 1101 SHAPER275473 Wolters Kluwer Financial Services VMP6-6(PA) (osos).oi Pao$ 1 of 1 a Intuaw BK2000PG3.1.17 Lender is a organized and existing under the laws of Lender's address is 5000 LOUISE DRIVE, MECHANICSBURG, PA 10755 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated JULY 20TH, 2007 The Note states that Borrower owes Lender ONE HUNDRED THIRTY NINE THOUSAND FIFTY AND NO1100. Dollars (U. S. $ 139,050.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than AUGUST 1ST, 2037 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (I+) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider 0 Condominium Rider ? Second Home Rider Balloon Rider ? Planned Unit Development Rider ? 1-4 Family Rider VA Rider 0 Biweekly Payment Rider ? Other(s) [specify] (10 "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (,n "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a fmancial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (I) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment o? or default on, the Loan. W1161c VMPS-S(PA) psoa).oi Paget or 1e Form 3039 1101 BK200.0PG3118 (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA,, means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F,R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA' refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: ([) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower' s covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY [Type of Recording Jurisdiction] of CUMBERLAND [Name of Recording Jurisdiction]: SCHEDULE"Act ATTACI-M which currently has the address of 232 S ENOLA DRIVE (Street) ENOLA [City], Pennsylvania 17025 (Zip Code) ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." InIIWs: yD5 VMP94(PA)tosoe).oi Page 3of10 Form 3039 1101 BK200QPG3..I19 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be trade in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the timo such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied finds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments it and to the extent that, each payment can be Initials: VMP®-G(PA)(asos).oi Page 4of15 Form 3039 1101 BK2000PG3-I-Z0 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the ever t of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period 98 Lender may require. Borrower' s obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in' Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA.. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest InNlalti7 ? VMP®-H(PA) (osoe>.ai Peas s or I e Farm 3039 1101 OK2000PG3.121. shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, 'and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Property is subject to alien which can attain priority over this Security Instrument, Lender may give Borrower a notice iderr*ing the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. initials: VMP®-S(PA) (0508).01 Papas of is Form 3039 1101 BK2000PG3*1*22: If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 3044 period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. Initlur. VMPO-8(PA) (050e).01 Page? of 16 Form 3039 1101 BK2000PG3423 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the data of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. & Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower' s knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender' s actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Initials DL VMP8•8(PA) (oaoe).ot Page a or 1e Form 3039 1101 SK2000PG.3*1 24. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If -this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. Ii; for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non reft?ndable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender` 3 requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower' s obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of fiords that the mortgage insurer may have available (which may include fiords obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower' s payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. Ini0air .? VM P 0 -8 (PA) (os os).o i Pso•eof Is Form 3039 1101 8K.200OPG3*I25.. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the avow of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security ImtrumeM whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be ?nuui? VMPO-G(PA) pospi Pepe to of is Form 3039 Val BK2000PG3 ! 261 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender' s acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Llability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer' s interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to IOWE VMPO•8(PA) psoa).oi Peee t1 or to Form 3038 1101 OK2:00O.PG3 12 7 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lander specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the patties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Leader if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by . this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or InH.k:.YV? VMPO-S(PA) (osoa?.of Page 12 of 1e Form 3039 1101 ©R2fl00PG3128• agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer end are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, joke, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision o$ or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. miu.a: - VMP0-6(PA) (osoe).ai Page 13 of to - Form 3039 1/01 OK2000PG3129 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone also to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, an)r spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Prop". If Borrower teems, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result In acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Leader shall be entitled to collect all expenses incurred In pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument Borrower shall pay ar?+ recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or sale, defects in future laws providing eproceedings foto enforce this r stay of execution, Security extensi? ou n o timand e, hereby ptionfromeattabenefit of y chment, levy and present and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Millais: VMP6-0(PA) cosos).a1 Page 14 or ie Form 3039 1101 BK2GOOPG3 t 30 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: a (seal) DO J S R -Borrower (seal) -Borrower (sew) -Borrower (Seal) -Borrower (sue) -Borrower - (Seal) -Borrower - (Seal) -Borrower (Sed) -Borrower VM P O-S (PA) (060e).01 Page 15 or to Form 3039 1/01 8K2 GO 4-P? 3.13- COMMONWEALTH OF PENNSYLVANIA, DAUPHIN On this, the 2 0TH day of JULY 2007 undersigned officer, personally appeared DONNA J SHAFER County ss: , before me, the known to me (or satisfactorily proven) to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged that helshe/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: SCOM m PE N8YLVMaA AVINIM SEAL JESSICA L. BOMER, NotKY Pubik Lowst PYb111* 0 Dsl?f Cowes i4yea+nI E?pNq Ap118, 2011 Certificate of Residence I, DEBBIE HECKARD , do hereby certify that the correct address of the withirrnemed Mortgagee is P . O . BOX 4 0 MECHANICSBURG, PA 17055 Witness my hand this 20TH day of JULY 2007 ?1111,ct. n.??Ith.OL Agent of Mortgagee VMP®-S(PA) (me).ot Pepe 1e or to Initials: ' Form 3038 1101 2::0:-0.0-PG 3:13 2 Exhibit A ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated December 15, 1966, as follows, to wit: BEGINNING at a point in the State Road known as South Enola Drive, one hundred thirty-five (135) feet from the southeast comer of the State Road and Beale Avenue; thence extending North forty-nine (49) degrees East, one hundred fifty (150) feet to First Alley; thence extending along the west side of First Alley, South forty-one (41) degrees East, thirty-five (35) feet; thence extending along the line of Lot No. 6 of Block A, South forty-nine (49) degrees West, one hundred fifty (150) feet to the State Road; thence extending along the side of State Road, North forty-one (41) degrees West, thirty-five (35) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a one story frame dwelling house known as 232 S. Enola Drive, Enola, Pennsylvania. ::i;y this to be recorded :.;ii-mberland County PA Recorder of Deeds ,011OPG a ! 3*3 VERIFICATION I, 4)c: n 5 uj m M c1,5 , as an employee of Members 1 ' Federal Credit Union, acknowledge I have the authority to execute this Verification on behalf of Members 1 ' Federal Credit Union and certify that the foregoing Complaint in Mortgage Foreclosure is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent the Complaint for Confession of Judgment is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint for Confession of Judgment is that of counsel, I have relied upon counsel in making this Verification.. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. MEMBERS 1ST FEDERAL CREDIT UNION By: i7Z y,/ 0Un ?ue F.\Clients\I 1470 Members l stTlLES\Current\153 Shafer\ 11470.153.complaint. wpd d Y '?at?So Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA, 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1" FEDERAL CREDIT UNION, Plaintiff V. DONNA J. SHAFER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2011-7303 CIVIL TERM Defendant : IN MORTGAGE FORECLOSURE TO DONNA J. SHAFER: NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the day of / Y ot1'?t t`4'2011, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $151,739.56, plus interest from August 4, 2011, at the rate of $24.16 per day until the debt is paid in full, along with any additional costs or attorney fees incurred thereafter, for failure to file an Answer to Plaintiffs Complaint. Date:__A"-f- a6 /1 - J.'4q1r' Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Donna J. Shafer 232 S. Enola Drive Enola, PA 17025 F.\Clients\11470 Members Ist\FILES\Currem\153 Shafer\11470.153.pra.def4u1t.wpd FILED-OFFICE OF THE PROTHONOTARY Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire CUMBERLAND COUNTY Attorney I.D. No. 307424 PENNSYLVANIA MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA. 17013 (717) 243-3.341 Attorneys for Plaintiff MEMBERS I"' FEDERAL CREDIT UNION, Plaintiff V. DONNA J. SHAFER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-7303 CIVIL TERM IN MORTGAGE FORECLOSURE PRAECIPE Please enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Donna J. Shafer in the amount of $151,739.56, plus interest from August 4, 2011, at the rate of $24.16 per day until the debt is paid in full, along with any additional costs or attorney fees incurred thereafter, for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that written notice of intention to file this Praecipe was mailed toDonna J. Shafer on October 24, 2011, which date is subsequent to the date default occurred and at least ten (10) days prior to the date of this Praecipe. Dated: MARTSON LAW OFFICES By: 0--a A '? /-L Christopher E. Rice, Esquire I.D. Number 90916 R. Christopher VanLandingham , Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013 717 4l'?h J d Pa `` ( ) 243-3341 Attorneys for Plaintiff , tit aq&y / ?l0?;?t, ,e Christopher E. Rice, Esquire Attorney I. D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys f'or Plaintiff MEMBERS 1 ST FEDERAL CREDIT UNION, Plaintiff V. DONNA J. SHAFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-7303 CIVIL TERM IN MORTGAGE FORECLOSURE AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, Defendant Donna J. Shafer, above named is not in the military service of the United States of America, that he has knowledge that the said Defendant's last known address is: 232 S. Enola Drive, Enola, PA 17025. Said Defendant's place of employment is unknown. Sworn to and subscribed before me this 2 day of November, 2011. WJAJ N a Public Christopher E. Rice, Esquire COMMONWEALTH OF PENNSYLVANIA NOtarlai SOW Mary M. Price, Notary Public cerm Boro, QxnberNnd County Comn*0W BcPkes . 18, 2015 MPNW& vAMA ASSOMnIOR OF NOTARIES .Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Nov-04-2011 11:34:10 < Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency SHAFER DONNA J Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). A 14_ wt In Mary M. Snavely-Dixon, Director Department of :Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL httn://w,,vw.defenselink mil/] aIg is/PC09SI.,DR..html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 11/4/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:UPFVIPMOB5 httPs://www.dn-idc.osd.mil/appj/scra/popreport.do 11/4/9011 Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 ST FEDERAL CREDIT UNION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2011-7303 DONNA J. SHAFER, Defendant CIVIL TERM : IN MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against Defendant Donna J. Shafer was given to her by mail on October 24, 2011. 1) A 15 /L1 Christopher E. Rice, Esquire Sworn to and subs ribed before me this 29 day of November, 2011. jj*?j ) (?Aoeo-.,? - , N ublic COMMONW 44TH Of !nWStVANIA el Mary MeF-xw Notary Public Carlfsi Cu 1berlano count? tlllxAuy c}, lOf e a$SM"'T?7u,:narT ::;fit OfMNSVI,VAN! WEALTH Of PENNSYLVANIA Notarial Seal Msry M. Price, Notary Publk CarkW am, rty t oBMeIS ! C rlberiand County MEM N """" 6V • 1? 3015 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Donna J. Shafer 232 S. Enola Drive Enola, PA 17025 MARTSON LAW OFFICES By M Price 10 E t High Street Carlisle, PA 17013 Dated: B/-7/// This is a debt collecting firm attempting to collect a debt for Members 1st Federal Credit Union. Any information obtained will be used for that purpose. F\Clients\I 1470 MembersI stTILESTurrent\I 53 Shafer\11470.153.pra.exec.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICE S' 10 East High Street Carlisle, PA 17013 (717) 243-3341 v c-, Attorneys for Plaintiff ? ? --{ < MEMBERS 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff V. : NO. 2011- 7303 CIVIL TERM DONNA J. SHAFER, IN MORTGAGE FORECLOSURE Defendant PRAECIPE FOR WRIT OF EXECUTION UPON A DEFAULT JUDGMENT TO THE PROTHONOTARY: Please issue writ of execution upon a judgment entered by default in the above matter, (1) directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Defendant Donna J. Shafer; (3) and enter this writ in the judgment index against Defendant Donna J. Shafer; as a lis pendens against real property in Cumberland County, Pennsylvania, owned by Donna J. Shafer, and located at 232 S. Enola Drive, Enola, Cumberland County, PA 17025 (a copy of the legal description is attached hereto); (4) Amount due $137,928.56 Interest from August 4, 2011, at $24.16 per day $ Attorneys' fees $13,311.00 Costs to be added $ * To be determined by the Sheriff of Cumberland County, Pennsylvania. (5) Please attach the Affidavit Pursuant to Rule 3129.1 that Plaintiff prepared and is being filed simultaneously with this Praecipe. Certification I certify that: (a) This Praecipe is based upon a judgment entered by default, and (b) Notice will be served at least thirty days prior to the date of the sheriff's sale of real property pursuant to Rule 3129.2. MARTSON LAW OFFICES ?- - By: ('7 e ), 5- Christopher E. Rice, Esquire Attorney I.D. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. 302424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 1st Federal Credit Union. Any information obtained will be used for that purpose. ? 7 7 S- Y3 ." I y ` U`U /I I , J gaZ DU ')u e C" ,!f- 5z 1P o-e kk s ? 7S yy p' qty DOCKET NO. 2011-7303 CIVIL TERM LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated December 15, 1966, as follows, to wit: BEGINNING at a point in the State Road known as South Enola Drive, one hundred thirty-five (135) feet from the southeast corner of the State Road and Beale Avenue; thence extending North forty-nine (49) degrees East, one hundred fifty (150) feet to First Alley; thence extending along the west side of First Alley, South forty-one (41) degrees East, thirty-five (35) feet; thence extending along the line of Lot No. 6 of Block A, South forty-nine (49) degrees West, one hundred fifty (150) feet to the State Road; thence extending along the side of State Road, North forty-one (41) degrees West, thirty-five (35) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a one story frame dwelling house known as 232 S. Enola Drive, Enola, Pennsylvania. Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS O TTO GILROY & FALLER rnCo x = -° - MARTSON LAW OFFICES a C:> .? 0;., 10 East High Street PA 17013 Carlisle, ?,. (717) 243-3341 XCD Attorneys for Plaintiff 5 CO MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF '-' ' UNION, : CUMBERLAND COUNTY, PENNSY LVANIA Plaintiff V. DONNA J. SHAFER, NO. 2011- 7303 CIVIL TERM IN MORTGAGE FORECLOSURE Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1 S` Federal Credit Union, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution Upon a Default Judgment was filed the following information concerning the real property located at 232 S. Enola Drive, Enola, Cumberland County, PA 17025 (see legal description attached hereto): 1. Name and address of owners: Donna J. Shafer 232 S. Enold Drive Enola, PA 17025 2. Names and addresses of Defendants in the judgment: Donna J. Shafer 232 S. Enold Drive Enola, PA 17025 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Bluestone Investments Inc. C/o Amato & Associates, P.C. 107 N. Commerce Way Bethlehem, PA 18017 East Pennsboro Township 98 South Enola Drive Enola, PA 17025 4. Name and address of the last recorded holder of every mortgage of record: None. 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person or whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. I verify the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. § 4909 relating to unsworn falsification to authorities. MARTSON LAW OFFICES By Christopher E. Rice, Esquire Attorney I.D. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. 302424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: ?3?// Attorneys for Plaintiff I F'\Clients\ 11470 Members I st\FILES\Current\153 Shafer\ 11470.153. not I.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire ' Attorney I.D. No. 307424 -= -. MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER rnrn e? MARTSON LAW OFFICES rt--° rv mac-; 10 East High Street w ' Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ; MEMBERS 1 IT FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DONNA J. SHAFER, Defendant NO. 2011- 7303 CIVIL TERM IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE that the Sheriff s Sale of Real Property (Real Estate) will be held on March 7, 2012, by the Cumberland County Sheriff s Office, at the Cumberland County Courthouse, located at One Courthouse Square, Carlisle, PA 17013, at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land (SEE LEGAL DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is 232 S. Enola Drive, Enola, PA 17025. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: Members 1St Federal Credit Union v. Donna J. Shafer, No. 2011-7303 Civil Term, Court of Common Pleas, Cumberland County. THE NAME OF THE OWNER OR REPUTED OWNER OF THE PROPERTY IS Donna J. Shafer, 232 S. Enola Drive, Enola, PA 17025. A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the proceeds of the sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judgment against you or because the sale of real property described herein may affect an interest you have in the real property. It may cause your property to be held, sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON LAW OFFICES By: (_ ! A Christopher E. Rice, Esquire I.D. 90916 R. Christopher VanLandingham, Esquire I.D. 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: /Ila 111 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members V. Any information obtained will be used for that purpose. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7303 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION, Plaintiff (s) From DONNA J. SHAFER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$137,928.56 L.L. $.50 Interest FROM AUGUST 4, 2011, AT $24.16 PER DAY Atty's Comm %$13,311.00 Due Prothy $2.00 Atty Paid $175.94 Plaintiff Paid Other Costs: Date: NOVEMBER 23, 2011 (Seal) V D I D. Buell, Prothono ary By: Deputy REQUESTING PARTY: Name CHRISTOPHER E. RICE, ESQUIRE Address: MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, MARTSON LAW OFFICES, 10 EAST HIGH STREET, CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 90916 SHERIFF .'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ' Jody S Smith Chief Deputy Richard W Stewart Solicitor tt r, NO 12 JU! ! I I 14 CUMBERLAND CCUNTY PENNSYLVANIA Members 1st Federal Credit Union Case Numbe vs. Donna J. Shafer 2011-7303 SHERIFF'S RETURN OF SERVICE 01/05/2012 05:10 PM - Deputy Michael Barrick, being duly sworn according to law, states service was performed ?y posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled actin 1, upon the property located at 232 South Enola Drive, Enola, Cumberland County, PA 17025. 1 01/05/2012 05:10 PM - Deputy Michael Barrick, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same imE personally handing a true copy to a person representing themselves to be the Defendant, to wit: Donna J. Shafer at 232 South Enola Drive, East Pennsboro Township, Enola, Cumberland County, PA 17025. 03/02/2012 Bankruptcy filed in Sheriffs Office 03/05/2012 Property sale removed from 3/7/2012 sale. 03/05/2012 Property sale removed from 3/7/2012 sale. 03/05/2012 As directed by Christopher E Rice, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/4/2012 04/02/2012 As directed by Christopher E Rice, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/11/2012 07/09/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed' , per letter of instruction from Attorney. SHERIFF COST: $728.47 July 10, 2012 RONNY R ANDERSON, SHERIFF ?1 LAC, ?,?( Lc? . i SO ANSWERS, I ? r- Christopher F- Rice; Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANI Plaintiff V. NO. 2011- 7303 CIVIL TERM DONNA J. SHAFER, IN MORTGAGE FORECLOSURE Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 Members I" Federal Credit Union, Plaintiff in the above action, sets forth as of the c the Praecipe for Writ of Execution Upon a Default Judgment was filed the following inforn concerning the real property located at 232 S. Enola Drive, Enola, Cumberland County, PA 17025 (see legal description attached hereto): 1. Name and address of owners: Donna J. Shafer 232 S. Enold Drive Enola, PA 17025 2. Names and addresses of Defendants in the judgment: Donna J. Shafer 232 S. Enold Drive Enola, PA 17025 3. Name and address of every judgment creditor whose judgment is a record lien the real property to be sold: Bluestone Investments Inc. C/o Amato & Associates, P.C. 107 N. Commerce Way Bethlehem, PA 18017 East Pennsboro Township 98 South Enola Drive Enola, PA 17025 4. Name and address of the last recorded holder of every mortgage of record: None. 5. Name and address of every other person who has any record lien on the propert?: None. 6. Name and address of every other person who has any record interest in the and whose interest may be affected by the sale: None. 7. Name and address of every other person or whom the plaintiff has knowledge w has any interest in the property which may be affected by the sale: None. I verify the statements made in this Affidavit are true and correct to the best of my pers nal knowledge or information and belief. I understand false statements herein are made subject t the penalties of 18 Pa. C.S. § 4909 relating to unsworn falsification to authorities. MARTSON LAW OFFICES By (_/z? S Christopher E. Rice, Esquire Attorney I.D. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. 302424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff DOCKET NO. 2011-7303 CIVIL TERM LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in he Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, m me particularly described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated December 15, 1966, as follows, to wit: BEGINNING at a point in the State Road known as South Enola Drive, one hunc thirty-five (135) feet from the southeast corner of the State Road and Beale Avenue; the extending North forty-nine (49) degrees East, one hundred fifty (150) feet to First Alley; the extending along the west side of First Alley, South forty-one (41) degrees East, thirty-five (35)1 thence extending along the line of Lot No. 6 of Block A, South forty-nine (49) degrees West, hundred fifty (150) feet to the State Road; thence extending along the side of State Road, N forty-one (41) degrees West, thirty-five (35) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a one story frame dwelling house known as 232 S. Drive, Enola, Pennsylvania. F:\Clients\ 11470 Members I st\FILES\Current\153 Shafer\I 1470.153.not I .wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANI Plaintiff V. NO. 2011- 7303 CIVIL TERM DONNA J. SHAFER, IN MORTGAGE FORECLOSURE Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE that the Sheriff s Sale of Real Property (Real Estate) will be held on 7, 2012, by the Cumberland County Sheriff s Office, at the Cumberland County Courthouse, at One Courthouse Square, Carlisle, PA 17013, at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief of the buildings and any other major improvements erected on the land (SEE DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is 232 S. Enola Drive, Enola, PA 17025. AL THE JUDGMENT under or pursuant to which the property is being sold is docketed tl?: Members 1't Federal Credit Union v. Donna J. Shafer, No. 2011-7303 Civil Term, Court of C Pleas, Cumberland County. THE NAME OF THE OWNER OR REPUTED OWNER OF THE PROPERTY IS J. Shafer, 232 S. Enola Drive, Enola, PA 17025. A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or corporate entities or agencies being entitled to receive part of the proceeds of the sale receive to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities tl owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution proceeds of the sale in accordance with this schedule will, in fact, be made unless someone o by filing exceptions to it within ten (10) days of the date it is filed. Information about the Scl of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland C Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, (717) 240-6390. PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judg] against you or because the sale of real property described herein may affect an interest you ha: the real property. It may cause your property to be held, sold or taken to pay the Judgment. You have legal rights to prevent your property from being taken. A lawyer can advise you r specifically of these rights. If you wish to exercise your rights, you must act promptly. GET LEGAL ADVICE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON LAW OFFICES By: (. 2'w A Christopher E. Rice, Esquire I.D. 90916 R. Christopher VanLandingham, Esquire I.D. 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 111X13111 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 1". Any informat obtained will be used for that purpose. t or and are the in 1j DOCKET NO. 2011-7303 CIVIL TERM LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being i the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with a survey and plan thereof made by Ernest J. Wa ker, Professional Engineer, dated December 15, 1966, as follows, to wit: BEGINNING at a point in the State Road known as South Enola Drive, one hun red thirty-five (135) feet from the southeast corner of the State Road and Beale Avenue; th nce extending North forty-nine (49) degrees East, one hundred fifty (150) feet to First Alley; thence extending along the west side of First Alley, South forty-one (41) degrees East, thirty-five (35) feet; thence extending along the line of Lot No. 6 of Block A, South forty-nine (49) degrees West one hundred fifty (150) feet to the State Road; thence extending along the side of State Road, orth forty-one (41) degrees West, thirty-five (35) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a one story frame dwelling house known as 232 S. Drive, Enola, Pennsylvania. WRIT OF I:XFCL;TION ancIfor ATTACTT 17N COMMONWEALTH OF PENNS"LVANIA) COUNTY OF CUMBERLAND) NO 11-7303 Civil CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY. To satisfy the debt, interest and cos--s due MEMBERS 1sT FEDERAL CREDIT UNION, Plaintiff (s) From DONNA J. SHAFER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$137,928.56 L.L. $.50 Interest FROM AUGUST 4, 2011, AT $24.16 PER DAY Atty's Comm %$13,311.00 Due Prothy $2.00 Atty Paid $175.94 Plaintiff Paid Date: NOVEMBER 23, 2011 (Seal) Other Costs: Qbavi uell, Prothono ary By: Deputy REQUESTING PARTY: Name CHRISTOPHER E. RICE, ESQUIRE Address: MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, MARTSON LAW OFFICES, 10 EAST HIGH STREET, CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 90916 TRUE COPY FROMPECOPD In Testimony whereof, 1h_: a L- ritt ny he and the sea of said C 't list ', This °?- darot ° ,- ll CA t On December 19, 2011 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 232 South Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date December 19, 2011 By: Real Estate Coordinator 71 CUMBERLAND LAW JOURNAL Writ No. 2011-7303 Civil Term Members 1st Federal Credit Union VS. Donna J. Shafer Atty.: Christopher Rice ALL THAT CERTAIN tract or Par- cel of land and premises, situate, ly- ing and being in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accor- dance with a survey and plan thereof made by Ernest J. Walker, Profes- sional Engineer, dated December 15, 1966, as follows, to wit: BEGINNING at a point in the State Road known as South Enola Drive, one hundred thirty-five (135) feet from the southeast corner of the State Road and Beale Avenue; thence ex- tending North forty-nine (49) degrees East, one hundred fifty (150) feet to First Alley; thence extending along the west side of First Alley, South forty-one (41) degrees East, thirty-five (35) feet; thence extending along the line of Lot No. 6 of Block A, South forty-nine (49) degrees West, one hundred fifty (150) feet to the State Road; thence extending along the side of State Road, North forty-one (41) degrees West, thirty-five (35) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a one story frame dwelling house known as 232 S. Enola Drive, Enola, Pennsylvania. 68 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County an . State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Lai Journal, a legal periodical published in the Borough of Carlisle in the County and State afore& was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularl, issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, January 27, February 3, and February 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cuml Law Journal, a legal periodical of general circulation, and that he is not interested in the matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. t isa Marie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 0 da of Februar 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patrl*ot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and 9 aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 1 respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in'. daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she n Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this I to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this 5 behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted sev stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recordi in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown ...... Sworn to and subs, abed efor me this 24 da uelry2012 A.D. _ '-' Notary Public -COMMONWEALTH OF PENNSYLVANIA of the in the The Sunday )tate 3th, 1949, their regular )r said ;tatement as tatement on arally by the ig of Deeds 01/27/12 02/03/12 02/10/12 Notarlel Seal Sherrie L. Owens, Notary Public Lower Paxton Twp., Dauphin County My Commission Nov. 26, 2015 MEMSER,PENNSYLVANIA ASSOCIATION of NOTARIES TWM 2011-7: ft? Credit dit Members ist Union VS Donna J. Shafer Atty. Christopher Ries ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Fast Pennsboro, County of Cumberland and Commonwea tOf Pemnsylvanta, more particularly d plan desciftd accordance with a survey P thereof made by Ernest J. Walkgr, 15, Professional Engineer, dated December 1966, as follows, to wit: B?,INNING at a point in the State Road I nown as South Enola Drive, one hundred hirty-five (135) feet from the southeast )rner of the State Road and Beale venue; thence extent ft North forty- (49) degrees East, one hundred fifty (150) feet to Fitst Alley; thence extending the west srde of First Alley, five South along 35) ?ony,one (41) degrees East th>rty 'fleet; thence extead'mg a1°ngthe hie of Lot o. 6 of Block A Southforty-nine (49) 150 feet ees West, one) hundrednd(150) mg along the State Road; the side of State Road, Nom for eet to a (41) degrees West, thirty point, the place of BEGINNING ERECTED a one gAVIN1G ?REON as 232 S. story frame dwelling house Enola Drive, Enola, Penmylvama. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson - - ,_ `'t= ,,°(;t�r_ r,.yw Sheriff -r. �..� \%V, of�9!'1171�f',ff '��Y IG�a� 1.�-YI�s y� Jody S Smith 4101 V " j Chief Deputy ,p, ; ; Richard W Stewart Solicitor OFF ICE OF FwE srcFRlrF PENNSYLVA141A Members 1st Federal Credit Union vs. Case Number Donna J. Shafer 2011-7303 SHERIFF'S RETURN OF SERVICE 04/03/2013 10:50 AM -Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 232 South Enola Drive, East Pennsboro Township, Enola, PA 17025, Cumberland County. 04/12/2013 03:34 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Donna J. Shafer at 232 South Enola Drive, East Pennsboro Township, Enola, PA 17025, Cumberland County. 06/04/2013 As directed by Christopher E Rice, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/10/2013 07/09/2013 As directed by Christopher E Rice,Attorney for the Plaintiff, Sheriffs Sale Continued to 10/2/2013 09/30/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $915.26 SO ANSWERS, October 01, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc.