HomeMy WebLinkAbout11-77140
Anthony J. Nestico, Esquire, I.D. No. 58868
Megan C. Huff, Esquire, I.D. No. 84391
NESTICO, DRUBY & HILDABRAND, PC
840 East Chocolate Avenue
Hershey, PA 17033
(717) 533-5406
(717) 533-5717 fax
MHuff@HersheyPALaw.com
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CUMBERLAND CoU,,rry
PENNSYLVAt4IX
...............................................................................
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NORTHWEST SAVINGS BANK,
No. // -- -77W 6111L &f/n
Plaintiff,
V.
HENRY LINE and CONSTANCE B. LINE,
CIVIL ACTION
MORTGAGE FORECLOSURE
Defendants. :
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the court without further notice for any money claimed in the complaint or for
any other claim or relief requested by the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
34 S. Bedford Street
Carlisle, PA 17013
717-249-3166
5
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AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de los
pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demands o cualquier
otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mds aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE
QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE
OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE
CUALIFICAN.
Cumberland County Bar Association
34 S. Bedford Street
Carlisle, PA 17013
717-249-3166
11
Anthony J. Nestico, Esquire, I.D. No. 58868
Megan C. Huff, Esquire, I.D. No. 84391
NESTICO, DRUBY & HILDABRAND, PC
840 East Chocolate Avenue
Hershey, PA 17033
(717) 533-5406
(717) 533-5717 fax
TNestico@HersheyPALaw.com
MHuff@HersheyPALaw.com
...............................................................................
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NORTHWEST SAVINGS BANK, No.
Plaintiff, CIVIL ACTION
V. MORTGAGE FORECLOSURE
HENRY LINE and CONSTANCE B. LINE,
Defendants. :
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff Northwest Savings Bank, by and through its undersigned attorneys, brings this
action in mortgage foreclosure against Defendants Henry Line and Constance B. Line, and avers
as follows:
1. Plaintiff Northwest Savings Bank is a financial institution, organized and existing
under the laws of the Commonwealth of Pennsylvania, having its registered office at 301 Second
Street, Warren, Warren County, Pennsylvania 16365 and a principal place of business at 100
Liberty Street, Warren, Warren County, Pennsylvania 16365.
1
A t
2. Upon information and belief, Defendant Henry Line is an adult individual and
resident of the Commonwealth of Pennsylvania, having a current residential address of 191
Ridge Drive, Carlisle, Cumberland County, Pennsylvania 17015.
3. Upon information and belief, Defendant Constance B. Line is an adult individual
and resident of the Commonwealth of Pennsylvania, having a current residential address of 191
Ridge Drive, Carlisle, Cumberland County, Pennsylvania 17015.
4. Defendants are the real owners, mortgagors, and grantees in the last Deed of
record to the real property located at 191 Ridge Drive, Carlisle, Cumberland County,
Pennsylvania 17015 (the "Property'). A true and correct legal description for the Property is
attached hereto as "Exhibit A" and incorporated by reference.
5. On July 9, 2007, Defendants, as mortgagors, made, executed, and delivered a
Mortgage (the "Mortgage") on the Property for the benefit of Plaintiff, as security for their
payments and performance of other obligations under a Note (the "Note") executed by them on
the same date in consideration of a loan made to them by Plaintiff.
6. The Mortgage is recorded in the Office of Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Book 2000 Page 0021. The Mortgage is a matter of
public record and is incorporated herein by reference by virtue of Pa.R.C.P. §1019(g). A true
and correct copy of the Mortgage is attached hereto as "Exhibit B" and incorporated by
reference.
7. The Note and Mortgage are in default because the required monthly payments due
under the terms of the aforesaid Note and Mortgage have not been paid for the May 2011
payment to the present.
2
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8. Despite Plaintiff's demands, Defendants have failed and refused to pay the
amount due and owing under the Note and Mortgage.
9. By the terms of the Note and Mortgage, upon default and failure to cure after
written notice, all sums secured by said Mortgage shall be immediately due and owing.
10. The terms of the Note and Mortgage further provide that, in the event of default,
Defendants shall be liable to pay all of Plaintiffs costs and expenses, including, but not limited
to, attorney's fees and court costs, incurred in collecting, enforcing, and protecting Plaintiffs
rights.
11. The following amounts, in addition to costs of suit, are due as of September 26,
2011, which amount is expected to increase as additional interest accrues and additional
attorney's fees are incurred:
Principal: $297,328.92
Accrued interest: $ 14,035.57
($61.94)
Late Charges: $ 1,061.98
Negative Escrow: $ 991.71
Unpaid Loan Fee: $ 60.50
Attorneys' Fees: $ 300.00
TOTAL $313,778.68
16. A combined Notice of Intention to Foreclose pursuant to 41 P.S. §403 and Notice
pursuant to the Homeowner's Emergency Mortgage Assistance Act of 1983, 35 P. S. §1680.402c,
et. seq., (collectively "Act 91 Notice") was mailed via certified mail return receipt requested to
Defendant on July 6, 2011. A true and correct copy of the Act 91 Notice is attached hereto as
"Exhibit C" and incorporated by reference.
3
WHEREFORE, Plaintiff Northwest Savings Bank respectfully requests your Honorable
Court enter judgment in rem in its favor and against Defendants Henry Line and Constance B.
Line in the amount of $313,778.68 plus interest at the rate of $61.94 per diem, attorney's fees,
costs of suit, and such other relief as this Court deems just and proper.
Respectfully Submitted,
NESTICO, DRUBY & HILDABRAND, PC
Date:-,/a '
By: Dro -
Anthony J. a ico, Esquire, I.D. No. 58868
Megan C. , Esquire, I.D. No. 84391
840 E. Chocolate Avenue
Hershey, PA 17033
(717) 533-5406 Telephone
(717) 533-5717 Fax
Attorneys for Plaintiff
4
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NORTHWEST SAVINGS BANK,
Plaintiff,
V.
HENRY LINE and CONSTANCE B. LINE,
Defendants.
VERIFICATION
No.
CIVIL ACTION
MORTGAGE FORECLOSURE
I, Cynthia M. Diethrick, verify that the statements made in the foregoing document are
true and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn
falsification to authorities.
NORTHWEST SAVINGS BANK
Date: I 3 ( By: i M
yn hia M. Diethrick
A uisition Coordinator
ALL TZh? CXRTAZN lot, tract or parcel of land situate in Middlesex
Township, Cumberland County, Pernaylvania, more particularly bounded
and described an follows, to wit:
!0 at a post corner of land now or formerly of Albert Bucher;
thence South Five and forty-nine and one-fouth degrees East, a
distance of one-hundred forty-four and two tenths feet to a point;
thence along a public road, South seventy degrees West a distance of
two hundred twenty and two-tenths feet to a point; thence by lands
now or formerly of Ndward L. Sunday, North twenty-two and one-half
degrees west, a distance Qf one hundred fifty-seven and five-tenths
feet to a point; thence by lands now or formerly of Albert Bucher,
north eighty and one-half degrees East, a dfstance of one hundred
sixty and one-tenth feet to the point or place of DWIM 0.
Containing 25,190 square feet.
EK'2000PGO.037
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Prepared By: Northwest Savings Bank
100 Liberty Sheet
Vhwren, PA 16365
Return To: iftthwest Savings Bank
1007 JUL 17 PM 1 59
Attn: Retail Svc Dept
100 Liberty St, PO Box 1793
Wainer PA 16365
Parcel Number 21-22.0128-003 SCANNIED
PROPERTY ADDRESS 191 Ridge Drive
Carnskt, PA 17015
(Space Above This Line For Recording Data]
MORTGAGE
DEFINITIONS
FHA Cass9
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 09, 2007
together with all Riders to this document.
(B) "Borrower" is Henry Line and Constance B Line
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is Northwest Savings Bank
Lender is a Savings Bank organized
and existing under the laws of the Commonwealth of Pennsylvania . Lender's address is
100 Liberty Street, Warren, PA 16365
. Lender is the mortgagee under this security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated July 09, 2007
The Note states that Borrower owes Lender Three Hundred Seven Thousand and no/100
Dollars (U.S. $307,000.00 ) plus interest.
Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than
August 05, 2037
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
? Adjustable Rate Rider ? Condominium Rider
? Balloon Rider ? Planned Unit Development Rider
? 14 Family Rider ? Biweekly Payment Rider
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
REM 1960L1 (0403) (Page I of 16 pages)
BK2000PG002I
? Second Home Rider
? Other(s) [specify]
Form 3039 Vol
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18050707 4
(1T) "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.
(I) "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 financial 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 of, or default on,
the Loan.
(1) "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. §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.
PENNSYLVANIA-Single Family-Fannie Mae/Fmddie Mac UNIFORM INSTRUMENT
ITEM 105012 (0405)
(Page 1 of 16 pages)
pu 200OPGO on
Form 3039 U01
GnslDoesm
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1805070784
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Lender the following described property located in the County
[Type of Recording Jurisdiction]
of Cumberland
[Name of Recording Jurisdiction]
which currently has the address of 191 Ridge Drive
[street]
Carlisle , Pennsylvania 17015 ("Property Address"):
[City] [Zip.Code]
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."
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.
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
rreM 195o13 (0405) (Page 3 of 16 pages)
Form 3039 1/01
Greett)oesw
To Order Celt I-SC03 aBSrn;
1805070784
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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 made in one or more of the following forms, as selected
by Lender. (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest
on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds
or return them 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 if, and to the extent that, each payment can be 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 S; 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
PENNSYLVANL"ingte Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01
GrwtDoes^
FTFM 1M4 (0405) (Page 4 of 16 pages) To Order calt 1400-M-5775
1805070784
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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 fiunish 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 event 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 as Lender may require. Borrower's obligation to make such payments and
to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this
Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to
pay Escrow Items 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 Fiords 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 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
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01
ITEM 195OL5 (0405) (Page S of 16 GmtDoos"
pages) To oror Calk 14100-101-5n5
1805070784
IR2000PCO025
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
conchuded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the
lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which
can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.
Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more
of the actions set forth above in this Section 4.
Lender may require Borrower to pay 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.
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
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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 econo=mically 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 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) 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 msrn mce 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.
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 date 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.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the 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
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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.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease.
If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender
agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to
the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer
selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall
continue to pay to Lender the amount of the separately designated payments that were due when the
insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-
refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,
notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay
Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if
Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer
selected by Lender again becomes available, is obtained, and Lender requires separately designated payments
toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of
making the Loan and Borrower was required to make separately designated payments toward the pre miums
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's requirement for Mortgage Insurance ends in
accordance with any written agreement between Borrower and Lender providing for such termination or until
termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation 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.
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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
funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any
other entity, or any affiliate of any of the foregoing, may receive (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
(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 event 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 Instrument, whether or not then due, with the excess, if
any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater
than the amount of the sums secured by this Security Instrument immediately before 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.
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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
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 Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer'): (a) is co-signing this Security
Instrument only to mortgage, grant and 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.
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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 foes. 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 refimd 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
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 Lender 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 parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract In the
event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such
conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect
without the conflicting provision.
As used in 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, inchding, 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.
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If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may 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 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 Serviceel 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 and are not assumed by the
Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other 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
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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.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an 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, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by
any governmental or regulatory authority, or any private party, that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). Leader 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 care 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. Lender shall be
entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including,
but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law.
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23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and
satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee
for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the
charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and
homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one
hour prior to the commencement of bidding at a 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 Jndgment. 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.
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
REM 105OL14 (0105) (Page 14 of 16 pages)
Form 3039 1/01
GmWws"
To Oedw Cat 1400-M-5775
1805070784
BK2000PG0034
r
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages
1 through 16 of this Security Instrument and in any Rider executed by Borrower and recorded with it.
P 1. '0 1
(Seal)er (Seal)
Hen One -Borrower Constance B Line -Borrower
-(Seal) (Seal)
-Borrower -Bormwer
(Seal)
-Borrower
-(Seal)
-Borrower
Witness: Witness:
I Certi fv t l's to be recorded
in Cumberland County PA
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
ITEM 195OL15 (0405) (Page 15 of 16 pages)
Form 30391101
GnetDoca*m
To Order Cat 1$00488.5775
1805070784
OV2000PGOa35
I
State of lennsy ?tle A-
County of (AAxi; ?c (L lid
On this the qin day of 7U,13 Zao? , before me, Pmftnon? I F sch i
the undersigned officer, personally appeared
known to me (or satisfactorily proved) to be the person(s) whose name(s)
subscribed to the within instrument and acknowledged that executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMMONWEALTH OF PENN yLVANIA MM SOW
M ttory J. Fw ti, Notary Public
Lower Alan Twp., Coy boland CouMY
MY Corrrv"m E*m Aug, 11, onna Title of Officer
Member. Pennsylvania Maoolation of Notaries
Hehrzy Ltn?. oAd Coris+anu 3. Llne..
My commission expires: `
t`t y 1'11
After Recording Return To:
Northwest Savings Bank
100 Liberty Street
Warren, PA 16365
CERTIFICATE OF RESIDENCE I, rQ' i t, ibnq T. FDsc i
do hereby certify that the correct address of the within n ed lender is 100 Liberty Street, Warren, PA
16365
Witness my hand this q in day of av-1 "I t 1o07.
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
REM 195OLIG (0405)
(Page 16 of 16 pages)
OK2000PG0036
Form 3039 1/01
&"tDMTM
To Ordv Calf 1-600.m""S
1805070784
,T
ALL THAT CERTAIN lot, tract or parcel of land situate in Middlesex
Township, Cumberland County, Pennsylvania, more particularly bounded
and described as follows, to wit:
BEGINNING at a post corner of land now or formerly of Albert Bucher;
thence South Five and forty-nine and one-fouth degrees East, a
distance of one-hundred forty-four and two tenths feet to a point;
thence along a public road, South seventy degrees West a distance of
two hundred twenty and two-tenths feet to a point; thence by lands
now or formerly of Edward L. Sunday, North twenty-two and one-half
degrees West, a distance of one hundred fifty-seven and five-tenths
feet to a point; thence by lands now or formerly of Albert Bucher,
North eighty and one-half degrees East, a distance of one hundred
sixty and one-tenth feet to the point or place of BEGINNING.
Containing 26,190 square feet.
BK2000PG0037
j ACT 91 NOTICE Dale 07=11
TAKE ACTION TO SAVE YOUR HOME FROM
FORECLOSURE
Th' an I n t M1 th @g2 on our home is in default and the lender intends to foreclose. Specific
in rm on ' e n e u is rove a In e a c a es.
The HOMEOWNER' M RT A AS (STANCE PROGRAM HEMAP may be able t halt) to save our home.
IS no Ce eXD alas OW a Drooram WO S.
To see if R" n help. you must MEET WITH A CONSUMER CREDIT COUNSELING ACHE Y WITHIN 33
a e Is no Ice with you when you meet wlm the t,vansenn9 roe.^.cv.
DAYS OF This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO
EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNATRADUCCION INMEDITAMENTE
LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO
ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMMA LLAMADO 'HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE PROGRAM' EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
Henry Line and Constance B Line
191 Ridge Dr
Carlisle IF 17015
1805070784
Northwest Savings Bank
Northwest Savings Bank
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY 13ELIGIBLE FOR FI AN A A SISTANCE WHI H AN Ra? XQU?RRUOMT ME FROM
OF 1983 (THEMAcr), YOU MAY BE ELIIGIBLEOFOR EMERGENCY MO TGAGE ASSISTANCE GAGE ASSISTANCE ACT
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL.
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
APP TION F M RTQ;A ! ASSISTANCE-Your mortgage is in default for the reasons set forth later in this
No see owing pages r specific in rma n about the nature of your default.) If you have tried and are unable to
resolve this problem with the lender you have the right to apply for financial assistance from the Homeowner's Emergency
Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance
Program Application with one of the designated consumer credit counseling agencies listed at the end of-this Notice. Only
consumer credit counseling agencies have applications for the program and they will assist you in submittingi a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked withn thirty (30)
days of your face-to-face meeting.
YOU SHOULD RILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING VIIIITHM 30
DAYS OF THAT MEIT?IN5, THEN THE LENA ERDAWIILLL KTMTEMPORARILY P FILE REVENTED TA ARTMGG FROM ST ALPO FORECLOSURE
AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED -MINPORARY STAY OF PORECLOSUIM-
YOU HAVE THE RIGHT TO PILE A HEMAP APPLICATION EVEN BEYOND THEN TIME PERIODS. A LATE APPLICATION WILL
NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BIIT IF YOUR APPLICATION IS EVENTUALLY
APPROVED AT ANY TIM! BEFORE A SHERIFF'S SALE, THE FORCLOSURE WILL BE STOPPED.
AGENCY ACTION-Available funds ft
Agency un er e e I ne establiE
make a decision after it receives your appl
You have met the time requirements "I
Agency of its decision on your application.
will be disbursed by the
,y has sixty (W) days to
e pursued acainst You if
NOTE: IF YOU ARE GUMCM 1 LT rKv I c%# I w o r 1 rIG rr4mv yr m r _ , ..._
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
rI• ...... k--a Marl hankruntev you can still SDDhI for Emergency Mortgage Assistance.)
-KIVVJLT ]IN UCrP%ULI ua6aux.
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the followin months
following amounts are now st due: May 2011 - $654.39 June 2011 - 2,514.84, July 2011 - $2,514.84.
Principal #Q Escrow Interest $ 4.947.57 Late Charges $ 847. 2
Mr charges (expltunfltemlie
TOTAL AMOUNT PAST DUE $6.531.39
YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable):
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE
AGENCY.
t HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY
PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 531.9 PLUS ANY MORTGAGE
PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's
check cedM check or money order made payable and sent to:
Northwest Savings Bank
P O Box 337. 100 Liberty St.
Warren, Pa. 16365
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if
not applicable.)
IF YOU DO NOT CURE THE DEFAULT-if you do not cure the default within THIRTY (30) DAYS of the date of this
Notice, the lender intends to etasrcise its rights to accelerate the mortaaae debt. This means that the entire outstanding
balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly
installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to
instruct its attorneys to start legal action to foreclose upon your mortaaged property.
IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the
mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal
proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to
$50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which
may also include other reasonable costs. N you cure the defauR within the THIRTY (301 DAY period You will not be
required to pay attorney's fees.
OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other
sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you 1b11 have the right to cure the default and prevent the
sale at any time up -to one hour before the Sheriffs Sale You may do so by pevina the total amount then past due. plus any
a m. b.1 ....N, M.w fnra 6anra ada and Any nM&r costs
mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same pos on
as if you had never defaulted.
EARLIEST POSSIGLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the
mortgaged property could be held would be approximately 4 months from the date of this Notice. A notice of the actual date of the
Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cur the default will increase the longer you wait. You
may find out at any time exactly what the required payment or action will be by contacting the lender.
NOW TO CONTACT THE LENDER:
Name of Lender. Northwest Savings Bank
Address: P.O. Box 337, 100 Liberty St.
Warren, Pa. 16365
Phone Number. 1-800-789-8075
Fax Number: 1-814-728-7740
Contact Person: J Paul Okerlund
EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and
your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE-You ? may or ® may not (CHECK ONE) sell or transfer your home to a buyer or
transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and
costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY
FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU
CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE
TIMES IN ANY CALENDAR YEAR.)
. TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
0 CREDIT COUNSELING AGENCIES ARE LISTED ON THE ATTACHED PAGE
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
CUMBERLAND COUNTY
*CCCS of Western Pennsylvania - York
55 Clover Hill Road
Dallastown Pa 17313
888-511-2227
*Community Action Comm of the Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
*Loveship Inc.
2320 North 5t° Street
Harrisburg, PA 17110
717-232-2207
Housing & Redevelopment Authority - Cumberland Cnty
114 N Hanover St Ste 104
Carlisle Pa 17013
866-683-5907 / 717-249-0789
Harrisburg Fair Housing Council
2100 N 6t' St
Harrisburg Pa 17110
717-238-9540
*Pathstone Corporation Pennsylvania
1625 North Second St
Harrisburg Pa 17102
717-234-6616
Pennsylvania Interfaith Community Programs Inc
40 E High St
Gettysburg Pa 17325
717-334-1518
NORTHWEST
SAVINGS BANK
Where people make the difference.
100 LIBERTY STREET - P.O. BOX 337 - WARREN, PENNSYLVANIA 16365 - FAX: [B141726-7740
July 6, 2011
HENRY LINE
AND CONSTANCE B LINE
1 91 RIDGE DR
CARLISLE PA 17015
Dear Henry Line and Constance B Line,
Please contact us as soon as possible! Northwest Savings Bank may be able to create a more affordable mortgage
payment for you. We want to help you keep your home.
There is no cost to take advantage of this opportunity.
Here's how it works: First, contact J Paul Oklerund using the phone, email, or fax numbers at the bottom of this letter.
S econd, provide us with information about your total household income. Tell us the amounts you pay for property
taxes, insurance, and any homeowners association or condominium dues. Third, explain any hardship affecting your
finances.
If you qualify, we will calculate and look at ways to modify your mortgage to allow you to make a new affordable
p ayment. We will include in your loan balance any past due payments. Then, we may extend the length of the loan, or
defer a portion of the principal balance that will be due upon maturity.
Our goal is to work out a mortgage payment that you can afford.
If you do not qualify, we will work with you to identify any other workout options that may be available to you.
We will work with you to make modifying your loan as easy as possible. But you must take the first step by contacting
us. Now is the time to act. We are ready to help you.
Sincerely,
J Paul Okerlund
Collections Department
]Phone- 800-789-8075
Fax- 814-728-7740
POkerlund@nwbcorp.com
Northwest Direct: 1-877-672-5678 www.northwestsavingsbank.com
¦ Comph" rm. 1. 2. and S. AMo aomple"
Item a N Restricted D*iwy Is d@sd•
¦ PMnt Iran name and address on the reverse
so that we ow wok m the owd to you.
¦ Attach this card to the back of the mdpieoe.
or on the front B epaoe parr ft
1. AFVCINWOCI? iv:
CONSTANCE B LINE
191 RIDGE DR
i S
LA.
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2202 EEhl 0000 OS22 6002
CARLISLE PA 17015
2.
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NORTHWEST
SAVINGS BANK
Where people make the difference.
100 LIBERTY STREET
P. O. BOX 337
WARREN, PENNSYLVANIA 16365
TEMP. - RETURN SERVICE REGUESTEO
7009 2250 0000 1432 2072
HENRY LINE
191 RIDGE DR
CARLISLE PA 17015
049.i82037278
$ 05.79°
07/07i2011
US POSTAGE
7
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RETURN TO SENDER
UNCLAIMED
UNABLE TO FORWARD
BCa 16365033737 *0319-06399-27-17
l J a, 1636800337 ??ii??i??ii?i??????i???i????iiii???i?i????i?i?i???i?i?i?????i?
111A 11
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
?Q?,?titir of r':?c?trGrrf??d?
OFfi(E ". -,b €-ERiFF
ILE -I
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
10, T c"I Pt4 c? G
ERLAat i 1l y ,,t,
LNISYL `1+? ,rtfs,
Northwest Savings Bank
vs.
Henry Line (et al.)
Case Number
2011-7714
SHERIFF'S RETURN OF SERVICE
10/13/2011 03:19 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
October 13, 2011 at 1519 hours, she served a true copy of the within Complaint in Mortgage Foreclosure,
upon the within; named defendant, to wit: Henry Line, by making known unto Constance Line, Wife of
Defendant at 191 Ridge Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the
same time handing to her personally the said true and correct copy of the same.
A
MICHELLE GUTSHALL, DEPUTY
10/13/2011 Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2011
at 1519 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within
named defendant, to wit: Constance B. Line, by making known unto herself personally, at 191 Ridge
Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her
personally the said true and correct copy of the same.
SHERIFF COST: $50.44
October 18, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c CounfySufte Sheriff. Telecsoft _ hm.
r
k E. F i` S Er L.
nl)nl MmOTA"?
IN THE COURT OF COMMON PLEAS OF 21M -? PM l {}
CUMBERLAND COUNTY, PENNSYLVANIA,,. D COUNTY
?-°C?SLE(R LA1?V E JNMY ANIA
NORTHWEST SAVINGS BANK,
Plaintiff,
vs.
No.: 11-7714 Civil
HENRY LINE and CONSTANCE B. LINE, Mortgage Foreclosure
Defendants.
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE CLERK:
Please enter the appearance of Anthony J. Foschi, Esquire and the law firm of
Tucker Arensberg, P.C., on behalf of Defendants, Henry Line and Constance B. Line, in
the above-captioned matter.
i
DATE:.
TUCKER AM14/SBERG, P.C.
Anthony J. Foschi, Esquire
PA I.D. No. 55895
2 Lemoyne Drive
Suite 200
Lemoyne, PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
Email: tfoschi@tuckerlaw.com
H BGDB:125324-1 026723-150203
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NORTHWEST SAVINGS BANK,
Plaintiff,
vs. No.: 11-7714 Civil
HENRY LINE and CONSTANCE B. LINE,
Defendants.
CERTIFICATE OF SERVICE
AND NOW, this 6th day of March, 2012, I, Anthony J. Foschi, Esquire, hereby
certify that I have this dated served a copy of the within Praecipe for Entry of Appearance by
depositing a copy of the same in the United States Mail, postage prepaid, addressed as follows:
Megan C. Huff, Esquire
Anthony J. Nestico, Esquire
Nestico, Druby & Hildabrand, P.C.
840 East Chocolate Avenue
Hershey, PA 17033
H BGDB:125324-1 026723-150203
i
Anthony J. Foschi, Esquire
PA I.D. No. 55895
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717-234-4121
Facsimile: 717-232-6802
Email: tfoschi@tuckerlaw.com
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
,
Ronny R Anderson - }
Sheriff
ktir itcuar�b�f�� � , � To 1 �iI
vav,Jody S Smith
Chief Deputy :#,
Richard W Stewart p , ;x
Solicitor OFFICE OF THE SMERi€F U�1E rtL1�Pit� COUNTY
l i
Northwest Savings Bank
vs. Case Number
Henry Line(et al.) 2011-7714
SHERIFF'S RETURN OF SERVICE
04/03/2013 12:54 PM - Deputy Noah Cline, 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 191 Ridge Drive, Middlesex Township, Carlisle, PA
17013, Cumberland County.
04/03/2013 12:54 PM - Deputy Noah Cline, 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:
Henry Line at 191 Ridge Drive, Middlesex Township, Carlisle, PA 17013, Cumberland County.
04/03/2013 12:54 PM - Deputy Noah Cline, 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:
Constance B. Line at 191 Ridge Drive, Middlesex Township, Carlisle, PA 17013, Cumberland County.
05/31/2013 As directed by Megan C. Huff, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/7/2013
08/07/2013 As directed by Megan C. Huff,Attorney for the Plaintiff, Sheriffs Sale Continued to 10/2/2013
10/02/2013 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: $837.84 SO ANSWERS,
October 02, 2013 RONNW ANDERSON, SHERIFF
sQ L � /d -
G- 473J -/
(CI Coun;ySuite Sheriff.Teleesoft,Inc
FiLEO-OF fOF'
OF THE PROTHONOTARY
IN THE COURT OF COMMON PLEAS 2013 MAR -I AM fl: !
OF CUMBERLAND COUNTY, PENNSYLVAI NUA.$E EANO COUNTY
PENNSYLVANIA
NORTHWEST SAVINGS BANK,
Plaintiff, No. 11-7714
v. CIVIL ACTION
MORTGAGE FORECLOSURE
HENRY LINE and CONSTANCE B. LINE,
Defendant.
AFFIDAVIT PURSUANT TO RULE 3129.1
Megan C. Huff, counsel for Plaintiff in the above action, sets forth as of the date the
Praecipe for the Writ of Execution was filed the following information concerning the real
property located at 191 Ridge Drive. Cumberland County, Pennsylvania 17015.
1. Name and address of owner(s) or reputed owner(s):
Henry Line
191 Ridge Drive
Carlisle. PA 17015
Constance B. Line
191 Ridge Drive
Carlisle. PA 17015
Henry and Constance B. Line
c/o Anthony J. Foschi, Esquire
2 Lemoyne Drive, Suite 200
Lemoyne. PA 17108-0889
2. Name and address of defendant in the judgment:
Henry Line
191 Ridge Drive
Carlisle, PA 17015
Constance B. Line
191 Ridge Drive
Carlisle, PA 17015
Henry and Constance B. Line
c/o Anthony J. Foschi. Esquire
2 Lemoyne Drive, Suite 200
Lemoyne, PA 17108-0889
3. Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Northwest Savings Bank
ATTN: Cynthia M. Diethrick
100 Liberty Street
P.O. Box 337
Warren, PA 16365
4. Name and address of the last recorded holder of every mortgage of record:
Northwest Savings Bank
ATTN: Cynthia M. Diethrick
100 Liberty Street
P.O. Box 337
Warren, PA 16365
Mellon Bank NA
f/k/a The Commonwealth National Bank
1 Mellon Bank Center
Pittsburgh. PA 15258
5. Name and address of every other person who has any record lien on the property:
None.
f
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
None.
7. Name and address of every other person of whom the plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
Cumberland County Tax Claim Bureau
I Courthouse Square
Old Courthouse. Room 106
Carlisle, PA 17013
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Respectfully Submitted,
NESTICO DRUBY, P.C.
r� 1
/;
Date: BY: n
Megan C. Huff, J,No. 84391
1135 East Chocolate'Avenue, Suite 300
Hershey. PA -17033
717-533-5406
717-533-5717 FAX
HershevPALaw.com
FILED-OFFICE
Megan C. I-Iuff.Esquire. I.D. No. 84391 OF THE PROTHONOTARY
NESTICO DRUBY. P.C. 2013 MAR - t
1 135 East Chocolate Avenue, Suite 300 AN I I: 30
Hershey. PA 17033 CUMBERLAND COUNTY
(717) ''3-5406 PENNSYLVANIA
(717) 533-5717 fax
MHuff a HersheyPALaw.com
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NORTHWEST SAVINGS BANK, No. 11 - 7714
Plaintiff, CIVIL ACTION
v. MORTGAGE FORECLOSURE
HENRY LINE and CONSTANCE B. LINE,
Defendants. :
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNERS: Henry Line and Constance B. Line
PROPERTY: 191 Ridge Drive. Carlisle. Middlesex Township.
Cumberland County. Pennsylvania 17015
The property is more fully described in the attached description
JUDGMENT AMOUNT: 5333.431.79. plus interest at the rate of $61.94 per diem
and costs of suit
DATE OF SALE: Wednesday. June 5. 2013
TIME OF SALE: 10:00 A.M.
PLACE OF SALE: Cumberland County Courthouse_ 1 Courthouse Square.
Carlisle. PA 17013
� r
The above-captioned property is scheduled to be sold at the Sheriffs Sale on June 5.
2012. at 10:00 a.m. Our records indicate that you may hold an interest in the property. which
may be extinguished by the sale. You may wish to attend the sale to protect your interest. if any.
A schedule of distribution will be filed by the Sheriff not later than thirty (30) days after
the Sale. Distribution of sales proceeds. if any. gill be made by the Sheriff in accordance with
the schedule unless exceptions are filed thereto within ten (10) days after the filing of the
schedule.
•
t
The above-captioned property is scheduled to be sold at the Sheriffs Sale on June 5.
2012. at 10:00 a.m. Our records indicate that you may hold an interest in the property. which
may be extinguished by the sale. You may wish to attend the sale to protect your interest, if any.
A schedule of distribution will be filed by the Sheriff not later than thirty (30) days after
the Sale. Distribution of sales proceeds. if any. \\ill he made by the Sheriff in accordance with
the schedule unless exceptions are filed thereto within ten (10) days after the filing of the
schedule.
TZ.:L TEL: C=MILT lot, trcct cr pmrcal c2 1End Eituats in Kic '?ere
T^vb"mehip, Cumbarland County, Y'en.^.:c���.C'cz.^iE, more Tr'- ticu/mr1y bounded
7�en�d7��� d e�nscri ar Ea fcllore, to ':it; - 1. �.•
Ll�t?Lr:.::.+. at C cct cep— cf land nci. or fcm".marl.r Cf Y r t niche.,
thence fcuth Five and forty-ri.na End me-fouth da_race Et. .
distance of one-hundred forty-to= End two tenths £ect to a point/
thence along n public ra:-d, South eQva ty dcrrceo Warta &LE:tante of
two hn.:.ered twenty and two-tenths feet to a point; thence 17 lEn s
!IOW or formerly of Edward L. Sunday, Yo:th ttnty-two End ane-half
degrcva Vest, a dist:..g:ce cf cns bumf:rad fifty-seven and fizre-tcrthz
feet to a point; thInca ty lands now or formerly of tabs= Mather,
E`crth Eighty m.- c��-Ctz1 f d✓-�-{ccs Swst, a c tcstatnce of o t�iiz.'Ttr
sLxty End cnt-tenth feet to th,*2 � :4.. rg lsce u.:cr�.Yit.tli
b Wit.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 11-7714 Civil
COUNTY OF'CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Northwest Savings Bank Plaintiff(s)
From Henry Line and Constance B. Line
(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 $333,431.79 L.L. SS.50
Interest from January 10,2013 S3,035.06
Atty's Comm % Due Prothy$2.25
Atty Paid 5187.44 Other Costs
Plaintiff Paid
Date: 3/1/2013
Thatkeea
David D. Buell, Prothonotary
(Seal) = 0i. _
Deputy
REQUESTING PARTY:
Name : Megan C. Huff, Esq.
Address: Nestico Druby,P.C.
1135 E. Chocolate Ave.,Suite 300
TRUE COPY FROM RECORD
Hershey,PA 17033 In Testimony whereof, I here unto set my hand
and the seal of said Court at Carlisle, Pa.
Attorney for: PLAINTIFF This / day of `2 -:i.e ,20 /2
Prothonotary
Telephone: 717-533-5406
Supreme Court ID No. 84391 �,�
On March 12, 2013 the Sheriff levied upon the
defendant's interest in the real property situated in
Middlesex Township, Cumberland County, PA,
Known and numbered as 191 Ridge Drive, Carlisle,
more fully described on
Exhibit "A" filed with this writ and by this reference
incorporated herein.
Date: March 12, 2013
By:
Real Estate Coordinator
- L17,
' �.
•
•
CUMBERLAND LAW JOURNAL
Writ No. 2011-7714 Civil
NORTHWEST SAVINGS BANK
vs.
HENRY LINE,
Constance B. Line
Atty.: Megan C. Huff
ALL THAT CERTAIN lot, tract or
parcel of land situate in Middlesex
Township, Cumberland County,
Pennsylvania, more particularly
bounded and described as follows,
to wit:
BEGINNING at a post corner
of land now or formerly of Albert
Bucher; thence South Five and
forty-nine and one-fourth degrees
East, a distance of one-hundred
forty-four and two tenths feet to a
point; thence along a public road,
South seventy degrees West a dis-
tance of two hundred twenty and
two-tenths feet to a point;thence by
lands now or formerly of Edward L.
Sunday, North twenty-two and one-
half degrees West, a distance of one
hundred fifty-seven and five-tenths
feet to a point; thence by lands nor
or formerly of Albert Bucher, North
eighty and one-half degrees East, a
distance of one hundred sixty and
one-tenth feet to the point or place
of BEGINNING. Containing 26,190
square feet.
46
s„
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
April 12, April 19 and April 26, 2013
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
71.A___Q
isa Marie Coyne]Editor
If
SWORN TO AND SUBSCRIBED before me this
. . da of Aril 2013
/
!,/ ' ,/
Notary
NOrAR{AL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My Commission Expires Apr 28,2014
The Patriot-News Co.
2020 Technology Pkwy e patiiot*News
Suite 300
Mechanicsburg, PA 17050 Now you know
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
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
Marianne Miller, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317.
^^^" This ad ran on the date(s)shown below:
2011-7714 Civil 04/16/13
N THWEST SAVINGS B K
vs'
HENRY LINE 04/23/13
Constance B.Line 04/30/13
Atty: Megan C.Huff
°�d a situate in Middlesex olownsbip,
Cumberland Coon . . . . . 1. . . . . . . . . :4-.ay,ty, Pennsylvania, more particularly bounded and described as
follows,to wit: Sworn to and subscribed before me his 13 day of 2013 A.D.
BEGINNING at a post corner of land now
or formerly of Albert Bucher;thence South
Five and forty-nine and one-fourth degrees
East,a distance of one-hundred forty-four C4).
and two tenths feet to a point;thence along 1• a ry Public
a public road,South seventy degrees West
a distance of two hundred twenty and two-
tenths feet to a point;thence by lands now
or formerly of Edward L.Sunday,North
twenty-two and one-half degrees West, a
t
distance of one a point;thence by and s nor COMMONWEALTH OF PENNSYLVANIA
tenths feet to a point;thence by lands nor
or formerly of Albert Bucher,North eighty Notarial Seal
.and one-half degrees East, a distance of Holly Lynn Warfel,Notary Public
one hundred sixty and one-tenth feet to the Washington Twp.,Dauphin County
point or place of BEGINNING.Containing My Commission Expires Dec.12,2016
26,190 square feet.. MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIkl :i APR `` PM 3:
NORTHWEST SAVINGS BANK,
Plaintiff,
v.
HENRY LINE and CONSTANCE B. LINE,
Defendants. :
To the Prothonotary:
No. 11 - 7714' PENNSYLVANIA
CIVIL ACTION
MORTGAGE FORECLOSURE
PRAECIPE FOR WRIT OF EXECUTION
Please issue a writ of execution in the above matter for the real property located at 191
Ridge Drive, Carlisle, Cumberland County, Pennsylvania 17015.
Amount due:
Interest from January 10, 2013:
TOTAL
$333,431.79
$ 28,058.82
$361,490.61
Plus costs of suit, Sheriff's costs, and accrued interest at the rate of $61.94 per diem to
the date of payment.
Date: 414-1
Respectfully Submitted,
NESTICO DRUBY,
By:
Mega C. Huf
1135 E. Choco
Hershey, PA 17033
(717) 533 -5406 Telephone
(717) 533 -5717 Fax
Attorneys for Plaintiff
I D. No. 84391
LSuite 300
ek-- akin)
►2- 43b4a3l�
(1,2)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NORTHWEST SAVINGS BANK,
Plaintiff,
V.
HENRY LINE and CONSTANCE B. LINE,
Defendants. :
No. II - 7714
CIVIL ACTION
MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
I, Megan C. Huff, Esquire, counsel for Plaintiff hereby certify that I served a true and
correct copy of the within PRAECIPE FOR WRIT OF EXECUTION, by first class mail, postage
prepaid, on the following:
Constance B. Line
c/o James L. Proctor, Jr., Esquire
James Proctor Law Office, LLC
35 East High Street
Suite 202
Carlisle, PA 17013
Constance B. Line
283 Old Stone House Road South
Mechanicsburg, PA 17055
Date: /2114
NESTICO DRUBY, P C.
By:
MegariC. Hu I.D. No. 84391
1135 E. Chocs , Suite 300
Hershey, PA 17
(717) 533-5406 Telephone
(717) 533-5717 Fax
Attorneys for Plaintiff
ALL TZ&2 0102241IN lot, tract or parcel o! land situate in Kiddledex
Township, cu berland County; FEn--Eylvania, more particularly hounded
and described ea follows, to Kit;
EnarrU=E3 at a poet cori_r of land now or formerly of Albert Bucher;
thence South Five and forty -nine and ohs -fouth degrees Rut, a
distance of one- hundred forty-four and two tenths feet to a point;
thence along a public road, South seventy degrees West a distance of
two hundred twenty and two- tenths feet to a point; thence by lends
now or formerly of Bdnmrd L. Sunday, forth twenty -two and one -half
degrees Beat, a distance cf c:re htrat:ed fifty-seven end fivo- tenths
feet to n point; thence by lands now cr formerly of Alert Leacher,
North eighty and crag -*calf degrees East, a distance of one hufrred
sixty and one -tenth feet to the point or place cf EECDMING.
Containing 26,190 c :mare feet.
H 0;111
IN THE COURT OF COMMON PLEAS #APR r'r*M �
OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY
PENNSYLVANIA
NORTHWEST SAVINGS BANK,
Plaintiff,
v.
HENRY LINE and CONSTANCE B. LINE,
Defendant.
No. 11 -7714
CIVIL ACTION
MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
Megan C. Huff, counsel for Plaintiff in the above action, sets forth as of the date the
Praecipe for the Writ of Execution was filed the following information concerning the real
property located at 191 Ridge Drive, Cumberland County, Pennsylvania 17015.
1. Name and address of owner(s) or reputed owner(s):
Constance B. Line
283 Old Stone House Road South
Mechanicsburg, PA 17055
Constance B. Line
c/o James L. Proctor, Jr., Esquire
James Proctor Law Office, LLC
35 East High Street
Suite 202
Carlisle, PA 17013
Henry Line was served with the Complaint in Mortgage Foreclosure on October
13, 2011. Additionally, Mr. Line was served with the 10 day notice, praecipe for default
judgment, and notice of entry of judgment. Mr. Line is deceased, having died on February 25,
2014. By operation of law, the title to the property located at 191 Ridge Road, Carlisle,
Pennsylvania (the "Property ") vested solely in Constance B. Line by virtue of the Deed, dated
December 8, 1993, and recorded December 23, 1993, in Record Book S, No. 36, Page 341, in the
Cumberland County Recorder of Deeds Office, which provided that Mr. and Mrs. Line owned
the Property "as tenants by entireties."
2. Name and address of defendant in the judgment:
Constance B. Line
283 Old Stone House Road South
Mechanicsburg, PA 17055
Constance B. Line
c/o James L. Proctor, Jr., Esquire
James Proctor Law Office, LLC
35 East High Street
Suite 202
Carlisle, PA 17013
Henry Line is deceased, having died on February 25, 2014. See paragraph #1
above.
3. Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Northwest Savings Bank
ATTN: Julie A. Smith
100 Liberty Street
P.O. Box 337
Warren, PA 16365
4. Name and address of the last recorded holder of every mortgage of record:
Northwest Savings Bank
ATTN: Julie A. Smith
100 Liberty Street
P.O. Box 337
Warren, PA 16365
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 of whom the plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
Cumberland County Tax Claim Bureau
I Courthouse Square
Old Courthouse, Room 106
Carlisle, PA 17013
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Date: v-f
Respectfully Submitted,
NESTICO DRUBY,
0'W*
Megan 43 . Huff, PA 9
W.;
1135 East Chocoiae Aveie Suite 300
Hershey, PA 17033
717-533-5406
717-533-5717 FAX
MHuff • HersheyPALaw.com
Megan C. Huff, Esquire, I.D. No. 84391
NESTICO DRUBY, P.C.
1135 East Chocolate Avenue, Suite 300
Hershey, PA 17033
(717) 533 -5406
(717) 533 -5717 fax
MHuff @HersheyPALaw.com
ui
4 APR -9 PM 3:27
C?P13Ehl_„I:D C;UUN 'T
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NORTHWEST SAVINGS BANK,
Plaintiff,
v.
HENRY LINE and CONSTANCE B. LINE,
Defendants. :
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
No. 11 -7714
CIVIL ACTION
MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNERS: Constance B. Line
Henry Line is deceased, having died on February 25, 2014
PROPERTY:
191 Ridge Drive, Carlisle, Middlesex Township,
Cumberland County, Pennsylvania 17015
The property is more fully described in the attached description
JUDGMENT AMOUNT: $333,431.79, plus interest at the rate of $61.94 per diem
and costs of suit
DATE OF SALE: Wednesday, September 3, 2014
TIME OF SALE: 10:00 A.M.
PLACE OF SALE: Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, PA 17013
The above-captioned property is scheduled to be sold at the Sheriff's Sale on September
3, 2014, at 10:00 a.m. Our records indicate that you may hold an interest in the property, which
may be extinguished by the sale. You may wish to attend the sale to protect your interest, if any.
A schedule of distribution will be filed by the Sheriff not later than thirty (30) days after
the Sale. Distribution of sales proceeds, if any, will be made by the Sheriff in accordance with
the schedule unless exceptions are filed thereto within ten (10) days after the filing of the
schedule.
r
2.LL TEL? CE221.7.21 lot, tract or parcel lend citutte in Niddlec6z;
Township, Camber lend County, Fennrylvenie, more rz.rt ictr . 1y hounded
and descr_ bed ee follows, to it
BUG at poet corner of land now cr fcrrerly of A1hr t Bucher:
thence South Five and forty -nine and c - fouth degrees Est, s
distance of ors- hur.dred forty- fo-.:: e-n3 two tenths feet to ai point:
thence along a public road, Eouth seventy dcgrcco Vett a distance of
two hUndred twenty End t o- tcntha feet to e. point; thence by lands
now or formerly cf Ne erd L. Sunday, North twenty -too end one -hslf.
degrees Vest, a disttnce cf ens h nd ed fifty-seven znd Elva -tentI
feet to at paint; thence ty Itndo now cr foz-marly of art Bucher,
North eighty e.nd c; -half d..M-ries F st, first -nce cE onQ hUnYreJ
sixty and c.e -tenth felt to tha point cr piece of EEC firma.
c nt.3ining 26,190 c::.re feet.
V
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NORTHWEST SAVINGS BANK, No. 11 - 7714
Plaintiff, CIVIL ACTION
v. MORTGAGE FORECLOSURE
HENRY LINE and CONSTANCE B. LINE,
Defendants. :
A h = j
9 n,1 3:27
'1B ERLAND CC ETY
PENNSYLVANIA
AFFIDAVIT OF SERVICE
I, Megan C. Huff, Esquire, being duly sworn according to law, depose and say that I have
served a true and correct copy of the Notice of Sheriff's Sale of Real Property, a true and correct
copy of which is attached hereto as "Exhibit A" and incorporated by reference, by depositing a
copy thereof in the United States' first class mail, postage prepaid, on April 7, 2014, on the
following addressed as follows:
Constance B. Line
c/o James L. Proctor, Jr., Esquire
James Proctor Law Office, LLC
35 East High Street
Suite 202
Carlisle, PA 17013
Constance B. Line
283 Old Stone House Road South
Mechanicsburg, PA 17055
Northwest Savings Bank
ATTN: Julie A. Smith
100 Liberty Street
P.O. Box 337
Warren, PA 16365
Cumberland County Tax Claim Bureau
1 Courthouse Square
Old Courthouse, Room 106
Carlisle, PA 17013
The original Form 3817 Certificates of Mailing are attached hereto as "Exhibit B" and
incorporated by reference.
I make these statements pursuant to 18 Pa.C.S.A. §4904 relating to unsworn falsification
to authorities and understand that false statements may subject me to criminal penalties under
that statute.
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF DAUPHIN
On this, the
day of April, 2014, before me, the undersigned, appeared, known to
me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument,
and acknowledged that Megan C. Huff executed same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Bethany L. Schwarz, Notary Public
Derry Twp., Dauphin County
My Commission Expires July 15, 2017
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
(SEAL)
Megan C. Huff, Esquire, I.D. No. 84391
NESTICO DRUBY, P.C.
1135 East Chocolate Avenue, Suite 300
Hershey, PA 17033
(717) 533 -5406
(717) 533 -5717 fax
MHuff @HersheyPALaw.com
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NORTHWEST SAVINGS BANK,
v.
No. 11 -7714
Plaintiff, CIVIL ACTION
MORTGAGE FORECLOSURE
HENRY LINE and CONSTANCE B. LINE,
•
•
•
Defendants. :
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNERS: Constance B. Line
Mr. Line is deceased, having died on February 25, 2014. By
operation of law, the title to the property located at 191 Ridge
Road, Carlisle, Pennsylvania (the "Property ") vested solely in
Constance B. Line by virtue of the Deed, dated December 8, 1993,
and recorded December 23, 1993, in Record Book S, No. 36, Page
341, in the Cumberland County Recorder of Deeds Office, which
provided that Mr. and Mrs. Line owned the Property "as tenants by
entireties."
PROPERTY: 191 Ridge Drive, Carlisle, Middlesex Township,
Cumberland County, Pennsylvania 17015
The property is more fully described in the attached description
JUDGMENT AMOUNT: $333,431.79, plus interest at the rate of $61.94 per diem
and costs of suit
DATE OF SALE: Wednesday, September 3, 2014
TIME OF SALE: 10:00 A.M.
PLACE OF SALE: Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, PA 17013
The above-captioned property is scheduled to be sold at the Sheriff's Sale on September
3, 2014, at 10:00 a.m. Our records indicate that you may hold an interest in the property, which
may be extinguished by the sale. You may wish to attend the sale to protect your interest, if any.
A schedule of distribution will be filed by the Sheriff not later than thirty (30) days after
the Sale. Distribution of sales proceeds, if any, will be made by the Sheriff in accordance with
the schedule unless exceptions are filed thereto within ten (10) days after the filing of the
schedule.
T.LL TaI2 Ci 3'Tn lot, trcct cr parcel 01. 1 d situate in Middlecer
Tocen hip, Ciriberlend County, Pennsylvania, m ^re particularly bounded
End described EC fellows, to rit;
EUGXEMTE2 at a port cOrnmr of land now or formerly cf A2.bsrt Bucher:
thence South Five and forty -Tina end a -fouth degrees Rat, a
distance of one-hundred forty- four and two tenths feet to a point/
thence along a public road, South ccvcnty degrees West a distance of
two hundred twenty and two- tenths feet tom point; thence by lands
now or formerly of Bdwerd L. Sunday, North twenty -tags tnd one -half
degrees Vest, a distance cf one hundred fifty - seven and fivd- tsnthe
met to m pzint; th.: nce ty lands now cr formerly of Faber: Bucher,
North eighty end one -half decrees Bast, e. dtattnce of one hun re
sixty and one-tenth feet to tha point or piece. of EaC='I1 .
Containing 26,290 c �:a..:e feet.
•
UNITED STATES
% POSTAL SERVICE Certificate Of Mailing
Ti-ri:FerbfigyeboRI, Maeilidnrgorp.riZcleexw.gdenziegg,cmnaal; preasilbeen presented I o USPS® for marling.
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PS Form 3817, April 2007 PSN 7530-02-000-9065
UNITED STATES
POSTAL SERVICE Certificate Of Mailing
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In
THE COURT. OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, PA • 17013
(717) 240-6195
www.ccpa.net
NORTHWEST SAVINGS BANK
Vs. NO 11-7714 Civil Term
CIVIL ACTION — LAW
HENRY LINE AND CONSTANCE B. LINE
WRIT OF EXECUTION
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell
the following described property:
(1) See legal description.
(2) (Specifically describe personal property when judgment results from a mortgage covering
both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code)
NOTE: Description of property must be attached to the writ.
Amount Due: $333,431.79
Interest FROM JANUARY 10, 2013- $28,058.82
Atty's Comm:
L.L.:
Due Prothy: $2.25
Atty Paid: Other Costs: ACCRUED INTEREST AT THE
RATE OF $61.94 PER DIEM TO THE DATE OF PAYMENT
Plaintiff Paid:
Date: 4/9/14
(Seal)
David D. Buell, Prothonota
Deputy
REQUESTING PARTY:
Name: MEGAN C. HUFF, ESQUIRE
Address: NESTICO DRUBY, P.C.
1135 E. CHOCOLATE AVENUE, SUITE 300
HERSHEY, PA 17033
Attorney for: PLAINTIFF
Telephone: 717-533-5406
Supreme Court ID No, 84391
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NORTHWEST SAVINGS BANK, No. 11 - 7714
Plaintiff, CIVIL ACTION
v. • MORTGAGE FORECLOSURE
HENRY LINE and CONSTANCE B. LINE,
•
Defendants. :
NOTICE OF DATE OF CONTINUED SHERIFF'S SALE
The Sheriff's Sale scheduled for September 3, 2014, at 10:00 a.m. in the above matter has
been continued until October 1, 2014, at 10:00 a.m.
Respectfully Submitted
NESTICO DRUBY, 'C
Date: to/i 114 By: , ! C \
Megan C. Huff,' . I.1. No. 84391
1135 E. Chocol. - Av- ue uite 300
Hershey, PA 17033
(717) 533-5406 Telephone
(717) 533-5717 Fax
Attorneys for Plaintiff
ryCD
_
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NORTHWEST SAVINGS BANK, No. 11 - 7714
Plaintiff, CIVIL ACTION
•
v. MORTGAGE FORECLOSURE
HENRY LINE and CONSTANCE B. LINE, .
Defendants. :
CERTIFICATE OF SERVICE
I, Megan C. Huff, Esquire, counsel for Plaintiff hereby certify that I served a true and
correct copy of the foregoing, by first class mail, postage prepaid, on the following:
Constance B. Line
283 Old Stone House Road South
Mechanicsburg, PA 17055
NESTICO DRUBY, 'C
��
Date: io �/l 0
By: i C- 41.0%
Megan C. Hu'W re, .D. No. 84391
1135 E. Choc' ate A ve ie, Suite 300
Hershey, PA 17033
(717) 533-5406 Telephone
(717) 533-5717 Fax
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NORTHWEST SAVINGS BANK, No. 11 - 7714
Plaintiff, CIVIL ACTION
v. • MORTGAGE FORECLOSURE
HENRY LINE and CONSTANCE B. LINE,
Defendants. :
NOTICE OF DATE OF CONTINUED SHERIFF'S SALE
The Sheriff's Sale scheduled for October 1, 2014, at 10:00 a.m. in the above matter has
been continued until November 5, 2014, at 10:00 a.m.
Respectfully Submitted,
NESTICO DRUBY, AMIP
Date: rabk By: d 0-
Megan C. Huff, ':': D. No. 84391
1135 E. Chocol. e A e Suite 300
Hershey, PA 1703
(717) 533-5406 Telephone
(717) 533-5717 Fax
Attorneys for Plaintiff
._i
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NORTHWEST SAVINGS BANK, No. 11 - 7714
Plaintiff, CIVIL ACTION
v. MORTGAGE FORECLOSURE
HENRY LINE and CONSTANCE B. LINE, .
Defendants. :
CERTIFICATE OF SERVICE
I, Megan C. Huff, Esquire, counsel for Plaintiff hereby certify that I served a true and
correct copy of the foregoing, by first class mail, postage prepaid, on the following:
Constance B. Line
283 Old Stone House Road South
Mechanicsburg, PA 17055
NESTICO DRUBY, P
Date: fo/, i-F By:
Megan ''_C. Huff, `I. No. 84391
1135 E. Chocola - Av..s e, '.uite 300
Hershey, PA 17033
(717) 533-5406 Telephone
(717) 533-5717 Fax
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NORTHWEST SAVINGS BANK, No. 11 - 7714
Plaintiff, CIVIL ACTION
v. • MORTGAGE FORECLOSURE
HENRY LINE and CONSTANCE B. LINE,
Defendants. :
CERTIFICATE OF FILING
I certifiy that I filed with the Prothonotary of Cumberland County, Pennsylvania, a copy
of the Notice of Date of Continued Sale to November 5, 2014, in the above-captioned matter.
Respectfully Submitted,
NESTICO DRUBY, '
Date: i 'f / .( By: I I C.
Megan C. Huff, 'TM% 0. No. 84391
1135 E. Chocolate .-, Suite 300
Hershey, PA 17033
(717) 533-5406 Telephone
(717) 533-5717 Fax
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NORTHWEST SAVINGS BANK, No. 11 - 7714
Plaintiff, CIVIL ACTION
v. MORTGAGE FORECLOSURE
HENRY LINE and CONSTANCE B. LINE,
Defendants. :
CERTIFICATE OF FILING
I certifiy that I filed with the Prothonotary of Cumberland County, Pennsylvania, a copy
of the Notice of Date of Continued Sale to October 1, 2014, in the above-captioned matter.
Respectfully Submitted,
NESTICO DRUBY, P
Date: <� i 11� By: Y C �_
g
Me an C. Huff, ��s� No. 84391
1135 E. Chocolat : suite 300
Hershey, PA 17033
(717) 533-5406 Telephone
(717) 533-5717 Fax
Attorneys for Plaintiff
4`-
tr
Ronny R Anderson
Sheriff '
Jody S Smith
Chief Deputy
Richard.W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
111` i -4`11',x`1,,.► it';r.;
2015 JAN -9 MI 11: 51
CUMBERLAND COUNTY
PENNSYLVANIA
Northwest Savings Bank
vs.
Henry Line (Deceased) (et al.)
Case Number
2011-7714
SHERIFF'S RETURN OF SERVICE
06/16/2014 06:53 PM - 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 191 Ridge Drive, Carlisle, PA 17015, Cumberland
County.
06/16/2014 06:54 PM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent
search and inquiry for the within named Defendant, to wit: Constance B. Line, but was unable to locate
the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in
the above titled action, as "Not Found" at 191 Ridge Drive, Carlisle, PA 17013, residence is vacant,
defendant did not leave a forwarding address with the post office. cab.
09/02/2014 As directed by Megan C. Huff, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/1/2014
09/10/2014 Christopher Sharpe, Deputy 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 Peggy Sue, Daughter and
POA, who accepted as "Adult Person in Charge" for Constance B. Line at 283 Old Stonehouse Road,
South, Mechanicsburg, PA 17055 on 9/5/14 at 1903 hrs. cab.
10/01/2014 As directed by Megan C. Huff, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/5/2014
11/05/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on November 05, 2014 at
10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Megan Huff, on behalf of Northwest
Savings Bank, being the buyer in this execution, paid to the Sheriff the sum of $
SHERIFF COST: $934.57 SO ANSWERS,
November 14, 2014 RONNY R ANDERSON, SHERIFF
(c) CountySu(e Sheriff. Teleosolt, Int:.