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HomeMy WebLinkAbout12-1828` , j' X97' f ICE ? n . `" H: 30 ?,. 'A.,E1<L,""ND COUNTY NSYLVANIA BARLEYSNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. PETER R. MILLER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MORTGAGE FORECLOSURE No. ?C9-1000??- NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 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 to you for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff(s). You may lose money or property or other rights important to you. 0 a?a ?o?.,spd So3r3 Y J • 2U13OCT 1B AM II: 17 CUMBERLAND COUNTY PENNSYLVANIA BARLEY SNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 Attorneys for Plaintiff 717.299.5201 Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES COURT OF COMMON PLEAS OF CREDIT UNION, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. CIVIL ACTION—MORTGAGE FORECLOSURE PETER R. MILLER, Defendant No. 2012-1828 Civil Term PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Kindly issue a Writ of Execution in the above matter: Principal Balance $62,450.93 Interest through 01/13/12 at a rate of$11.76 per diem 2,499.63 Late Charges 247.48 Negative Escrow Balance 325.99 Other Bank Fees 220.50 Attorneys' Fees 3,000.00 Total $68,744.53 -sbutc. 3 IO465VJ 11( . «D, Sal, s� e tit 5"-PgPe 2,46 /I Mitt/ .- plus continuing interest after January 13,2012 at a rate of$11.76 per diem,plus continuing late charges,attorneys' fees and costs. BARLEY NY ' By: S ,- n r Long, Esquire Attorneys for Plaintiff, Pennsylvania State Emp yees Credit Union Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 4065034-1 ALL THAT CERTAIN lot of ground situate in the Second Ward of the Borough of Mechanicsburg, County of Cumberland, and the Commonwealth of Pennsylvania, (being the rear or Western portion of a lot of ground fronting on the West side of South Chestnut Street), bounded and described as follows, to wit: BEGINNING at a stake on line of lot now or formerly of Ira Reynolds; thence along line of lot said Ira Reynolds Westwardly fifty-eight(58) feet to an alley; thence Southward along said alley twenty-nine (29) feet to corner of Land now or formerly of J.L. Young; thence Eastward along line of lot of said J. L. Young fifty-eight(58) feet to a stake; thence Northward along line of lot now or formerly of William H. Baker twenty-nine (29) feet to a stake on line of lot of Ira Reynolds, the place of BEGINNING. BEING known and numbered as No. 122 South Chestnut Street. BEING THE SAME PREMISES which Robert W. Snyder and Mary Kathleen Snyder, husband and wife by deed dated August 30, 2006 and recorded August 31, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 276, Page 2125, granted and conveyed unto Peter R. Miller, single man, his heirs and assigns. UNDER AND SUBJECT TO conditions and restrictions which now appear of record. PARCEL# 17-23-0565-257A SEIZED IN EXECUTION as the property of Peter R. Miller on Judgment No. 2012-1828 Civil Term. 4079492_1.DOC L0€EiOd0TA '+ 111: 17 BARLEY SNYDER 13 OCT 18 Shawn M. Long, Esquire �� E1Ft YI.VaN A Court I.D.No. 83774 126 E. King Street Lancaster, PA 17602 Attorneys for Plaintiff 717.299.5201 Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES COURT OF COMMON PLEAS OF CREDIT UNION, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION—LAW v. No. 2012-1828 Civil Term PETER R. MILLER, Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 Pennsylvania State Employees Credit Union, 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 122 South Chestnut Street, Mechanicsburg, Cumberland County, Pennsylvania 17055-6547. (1) Name and address of owner(s) or reputed owner(s): Peter R. Miller 122 S. Chestnut Street, Rear Mechanicsburg, Pennsylvania 17055-6547 (2) Name and address of defendant(s) in the judgment: Peter R. Miller 122 S. Chestnut Street, Rear Mechanicsburg, Pennsylvania 17055-6547 (3) Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Pennsylvania State Employees Credit Union One Credit Union Place Harrisburg, PA 17110 4065034-1 (4) Name and address of the last recorded holder of every mortgage of record: Pennsylvania State Employees Credit Union One Credit Union Place Harrisburg, PA 17110 (5) Name and address of every other person who has any record lien on the property: Borough of Mechanicsburg c/o David J. Spotts, Esquire 36 West Allen Street Mechanicsburg, PA 17055 (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 known to Plaintiff at this time. (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: Commonwealth of Pennsylvania Dept. of Revenue Bureau of Compliance 7th Floor Strawberry Square Harrisburg, PA 17128-0101 Internal Revenue Service Wm. S. Moorhead Federal Building Advisory 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 Internal Revenue Service 600 Arch Street Room 3259 Philadelphia, PA 19106 Pennsylvania Department of Public Welfare TPL Casualty Unit, Estate Recovery Program PO Box 8486 4065034-1 Willow Oak Building Harrisburg, PA 17105-8486 Internal Revenue Service 600 Arch Street, Room 3259 Philadelphia, PA 19106 Cumberland County Tax Claim Bureau One Courthouse Square Suite 100 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 17 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BARLEY SNYDE• Date: 1A .j By: Sha' n M. Long, Esqui'- Attorneys for Plaintiff Pennsylvania State Employees Credit Union Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 4065034-1 ALL THAT CERTAIN lot of ground situate in the Second Ward of the Borough of Mechanicsburg, County of Cumberland, and the Commonwealth of Pennsylvania, (being the rear or Western portion of a lot of ground fronting on the West side of South Chestnut Street), bounded and described as follows, to wit: BEGINNING at a stake on line of lot now or formerly of Ira Reynolds; thence along line of lot said Ira Reynolds Westwardly fifty-eight(58) feet to an alley; thence Southward along said alley twenty-nine (29) feet to corner of Land now or formerly of J.L. Young; thence Eastward along line of lot of said J. L. Young fifty-eight(58) feet to a stake; thence Northward along line of lot now or formerly of William H. Baker twenty-nine (29) feet to a stake on line of lot of Ira Reynolds, the place of BEGINNING. BEING known and numbered as No. 122 South Chestnut Street. BEING THE SAME PREMISES which Robert W. Snyder and Mary Kathleen Snyder, husband and wife by deed dated August 30, 2006 and recorded August 31, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 276, Page 2125, granted and conveyed unto Peter R. Miller, single man, his heirs and assigns. UNDER AND SUBJECT TO conditions and restrictions which now appear of record. PARCEL# 17-23-0565-257A SEIZED IN EXECUTION as the property of Peter R. Miller on Judgment No. 2012-1828 Civil Term. 4079492_1.DOC . .I THE ir;OiFiOithT w 2013 OCT 13 pi II: I7 CUMBERLAND COUNT';' PENNSYLVANIA BARLEY SNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Attorneys for Plaintiff Lancaster, PA 17602 Pennsylvania State Employees Credit 717.299.5201 Union PENNSYLVANIA STATE EMPLOYEES COURT OF COMMON PLEAS OF CREDIT UNION, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. CIVIL ACTION—MORTGAGE FORECLOSURE PETER R. MILLER, Defendant No. 2012-1828 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Peter R. Miller 122 S. Chestnut Street, Rear Mechanicsburg, Pennsylvania 17055-6547 Your house(real estate) at 122 South Chestnut Street, Rear, Mechanicsburg, Cumberland County, Pennsylvania is scheduled to be sold at Sheriffs Sale on March 5, 2014 at 10:00 am, by the Office of the Cumberland County Sheriff located at 1 Courthouse Square,Carlisle, PA, to enforce the court judgment of$68,744.53 obtained by Pennsylvania State Employees Credit Union, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 4065034-1 (1) The sale will be canceled if you pay to Pennsylvania State Employees Credit Union the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorney's fees due. To find out how you must pay, you may call Shawn M. Long at 717.299.5201. (2) You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. (3) You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. (1) If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling the Sheriff of Cumberland County, at(888) 697- 0371 ext 6390. (2) You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. (3) The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, at (888) 697-0371 ext 6390. (4) If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 4065034-1 M - (5) You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. (6) You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on or about April 4, 2014. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10) days after April 4, 2014. (7) You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 4065034-1 ALL THAT CERTAIN lot of ground situate in the Second Ward of the Borough of Mechanicsburg, County of Cumberland, and the Commonwealth of Pennsylvania, (being the rear or Western portion of a lot of ground fronting on the West side of South Chestnut Street), bounded and described as follows, to wit: BEGINNING at a stake on line of lot now or formerly of Ira Reynolds; thence along line of lot said Ira Reynolds Westwardly fifty-eight(58) feet to an alley; thence Southward along said alley twenty-nine (29) feet to corner of Land now or formerly of J.L. Young; thence Eastward along line of lot of said J. L. Young fifty-eight(58) feet to a stake; thence Northward along line of lot now or formerly of William H. Baker twenty-nine (29) feet to a stake on line of lot of Ira Reynolds, the place of BEGINNING. BEING known and numbered as No. 122 South Chestnut Street. BEING THE SAME PREMISES which Robert W. Snyder and Mary Kathleen Snyder, husband and wife by deed dated August 30, 2006 and recorded August 31, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 276, Page 2125, granted and conveyed unto Peter R. Miller, single man, his heirs and assigns. UNDER AND SUBJECT TO conditions and restrictions which now appear of record. PARCEL# 17-23-0565-257A SEIZED IN EXECUTION as the property of Peter R. Miller on Judgment No. 2012-1828 Civil Term. 4079492_1.DOC WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-1828 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PENNSYLVANIA STATE EMPLOYEES CREDIT UNION Plaintiff(s) From PETER R. MILLER (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: $68,744.53 L.L.: $50 Interest THROUGH 1/3/12 AT A RATE OF$11.76 PER DIEM-$2,499.63 Atty's Comm: Due Prothy: $2.25 Atty Paid: $943.82 Other Costs: LATE CHARGES-$247.48 NEGATIVE ESCROW BALANCE-$325.99-OTHER BANK FEES-$220.50-ATTORNEY FEES -$3,000.00 Plaintiff Paid: Date: 10/18/13 :: ,4_LL1d:._:T2: , t5 David D. Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: SHAWN M. LONG,ESQUIRE Address: BARLEY SNYDER 126 E. KING STREET LANCASTER,PA 17602 Attorney for: PLAINTIFF Telephone: 717-299-5201 Supreme Court ID No. 83774 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 Effective September 1, 2003 3486054-1 BARLEY SNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, PETER R. MILLER, Plaintiff V. Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MORTGAGE FORECLOSURE No. AVISO PARA DEFENDER Conforme a RCP No. 1018,1 del PA LE HAN DEMANDADO EN CORTE. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la accion en el plazo de veinte (20) dias despues de esta queja y el aviso es servido, incorporando un aspecto escrito personalmente o por el abogado y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted. Le advierten que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted por la corte sin aviso adicional a usted para cualquier dinero demandado en la queja o para cualquier otra demanda o relevacion pedida por Plaintiff(s). Usted puede perder el dinero o la caracteristica u otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE Un ABOGADO, VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De USTED La INFORMACION SOBRE EMPLEAR A un ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN Un HONORARIO REDUCIDO O NINGUN HONORARIO. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 Efectivo 1 de Septiembre, 2003 Queja 3486054-1 BARLEYSNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, PETER R. MILLER, Plaintiff V. Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MORTGAGE FORECLOSURE No. COMPLAINT Plaintiff, Pennsylvania State Employees Credit Union ("PSECU"), is a national banking association having an office at One Credit Union Place, Harrisburg, PA 17110. 2. Defendant, Peter R. Miller, is an adult individual with a last known address of 122 S. Chestnut Street, Rear, Mechanicsburg, Pennsylvania 17055-6547. 3. On or about August 30, 2006, Defendant executed and delivered to PSECU a Note (the "Note") in the original principal sum of $65,000.00. A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference. 4. The Note carries interest at the initial rate of 6.875% per annum and requires Defendant to make monthly payments of principal and interest in the initial amount of $427.00, beginning October 1, 2006 and continuing thereafter on the first (1 st) day of every month until all outstanding principal and all accrued interest are paid in full. The Note requires Defendant to pay a late charge of five percent (5%) of the overdue payment of principal and interest when PSECU does not receive Defendant's monthly payment within fifteen (15) days of the date that the payment is due. 6. The Note is secured and accompanied by a Mortgage (the "Mortgage") dated August 30, 2006 and recorded in the Office of the Recorder of Deeds of and for Cumberland County, Pennsylvania, on August 31, 2006, on Defendant's property being located at 122 South Chestnut Street, Mechanicsburg, Cumberland County, Pennsylvania (the "Premises"). A true and correct copy of the Mortgage which contains the complete description of the Premises, is attached hereto as Exhibit "B" and incorporated herein by reference. 7. Defendant is in default under the Note and Mortgage for failure to make monthly payments which were due beginning August 1, 2011 and each month thereafter. 8. Notice as required by Section 403 of Act 6 of 1974, 41 P.S. §403 ("Act 6 Notice") was sent to Defendant by Certified Mail, Return Receipt Requested on November 18, 2011. A true and correct copy of this notice is attached hereto as Exhibit "C" and incorporated herein by reference. 9. Pursuant to the Note, in the event of Default, PSECU may, and hereby does, declare all amounts owed under the Note, including principal, accrued interest, late charges, and all other charges, including reasonable attorneys' fees, to be immediately due and payable. 3486054-1 10. Pursuant to the Note, in the event of Default, PSECU is entitled to be reimbursed for all costs and expenses, including reasonable attorneys' fees incurred in bringing any action to enforce the Note. 11. For purposes of this action, PSECU believes, and therefore avers, that $3,000.00 constitutes reasonable attorneys' fees for enforcing the Note. However, PSECU recognizes that it is restricted by law to those attorneys' fees that are actually incurred. If those fees are less than $3,000.00, PSECU agrees to adjust its demand for attorneys' fees, if applicable, at the time payment on any judgment is made. 12. As of January 13, 2012, the amount due on the Note and the Mortgage is as follows: Principal Balance ....................................................................... $62,450.93 Interest through 01/13/12 at a rate of $11.76 per diem ..................................................... 2,499.63 Late Charges ............................................................................... 247.48 Negative Escrow Balance .......................................................... 325.99 Other Bank Fees ......................................................................... 220.50 Attorneys' Fees .......................................................................... 3,000.00 Total $68,744.53 plus continuing interest after January 13, 2012 at a rate of $11.76 per diem, plus continuing late charges, attorneys' fees and costs. 13. PSECU has demanded payment of the amount owed from Defendant but Defendant has failed and/or has refused to pay the same. 14. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., Defendant may dispute the validity of the debt or any portion thereof. If Defendant does so in 3486054-1 writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant the name and address of the original creditor if different from the above. WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union demands judgment against Defendant, Peter R. Miller, in the amount of $68,744.53, plus continuing interest after January 13, 2012 at a rate of $11.76 per diem, plus continuing late charges, attorneys' fees and costs. BARLEY SNYDER Date: By: Attorneys for Plai tiff, Pennsylvania St to Employees Credit Union Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 3486054-1 EXHIBIT "A" NOTE August 30, 2006 [Date] [City] [State] 122 South Chestnut Street, Mechanicsburg, PA 17055 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay 0. S. $ 65, 000.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The. Lender is Pennsylvania State Employees Credit Union I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.875 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the first day of each month beginning on October 01, 2006 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on September 01, 2036 I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at Pennsylvania State Employees Credit Union - P.O. Box 67013, Harrisburg, PA 17106-7013 or at a. different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 427.00 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 45386 MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 1101 Wolters Kluwer Financial Services VMP49-5N t0207l.at Pape 1 of 3 Initials. 40 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. VMP@-5N (0207).01 Pagez or 3 45386 Form 3&W Initials: 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: 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. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) eter Miller -Borrower (Seal) -Borrower -(Seal) -Borrower (Seal) Borrower _ (Seal) -Borrower _ (Seal) Borrower -(Seal) -Borrower -(Seal) -Borrower [Sign Original Only] VMP®-5N (0207).01 Page3 of 3 Form 3200 1101 EXHIBIT "B" :.t 9L }'.? 'IN A. r,• Prepared By: Peg Feltenberger PSECU, P.O. Box 67013, Harrisburg, PA 17106-7013 717-234-8484 X 3815 Return To: Peg Feltenberger PSECU, P.O. Box 67013, Harrisburg, PA 17106-7013 717-234-8484 X 3815 Parcel Number: 17-23-0565-257A Premises: 122 South Chestnut Street, Mechani b r PA 17055 ul) 31 pn es u g, Mechanicsburg Borough ?Tu [Space Above This Line For Recording Datal MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated August 30, 2006 , together with all Riders to this document. (B) "Borrower" is Peter R Miller Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Pennsylvania State Employees Credit Union 45386 PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 Wolters Kluwer Financial Services VMP®-6(PA)to5o8i.o1 Page 1 or 16 Initials: 6K 19b4 G 17 39 Lender is a credit union organized and existing under the laws of the Commonwealth of Pennsylvania Lender's address is P.O. Box 67013, Harrisburg, PA 17106-7013 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated August 30, 2006 The Note states that Borrower owes Lender Sixty Five Thousand and 00/100 Dollars (U.S. $65,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 01, 2036 (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 ? Second Home Rider ? Balloon Rider ? Planned Unit Development Rider ? 1-4 Family Rider ? VA Rider ? Biweekly Payment Rider ® Other(s) [specify] Mortgage Insurance Rider (IT) "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. (K) "Escrow Items" means those items that are described in Section 3. (L) 'Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third 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. Initials: VMP®-6(PA) (o5oe).o1 Page2 of is Form 3039 1101 $K i964 1790 (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (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]: SEE ATTACHED LEGAL DESCRIPTION which currently has the address of 122 South Chestnut Street Mechanicsburg ("Property Address"): TOGETHER WITH all the improvements now or easements, appurtenances, and fixtures now or hereafter a additions shall also be covered by this Security Instrument Security Instrument as the "Property." VMPO-6(PA) (o5oayo1 Page 3 of 16 [Street] [City], Pennsylvania 17055 [zip Code] hereafter erected on the property, and all part of the property. All replacements and All of the foregoing is referred to in this Initials: 0 Form 3039 1101 O K I 9610x'791. ! BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U. S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be 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 initials: VMP®-6(PA) (0508).01 Page a of 16 Form 3039 1101 SK 1964rG 792 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the 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 Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest Ini ials' N VMP®-6(PA) (oeo8yoi Page s or 16 Form 3039 1101 BK190 01793 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to 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. Initials: lit VMPo-6(PA) (osoeyoi Page 6 or 16 Form 3039 1101 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's Option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is.not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 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 insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. Initials: VMP8-6(PA) (osoe).o1 Page 7 or 16 Form 3039 1101 SKI 9b4, FIG 7 95 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 is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Initials: VMP®-6(PA) (0508).ol Page 8 or 16 Form 3039 1101 SK i 964FG 796 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 premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender'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. 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. Initials: VMP8-6(PA) (0506).01 Page 9 of 16 Form 3039 1101 {f 0 1797 (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 Proc#eds; 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. 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 Initials: VMP®-6(PA) (0508).01 Page 10 of 16 Form 3039 1101 S 196 4 VG i 7?8 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. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated. as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument n t shall be deemed to must be in writing. Any notice to Borrower in connection with this Securi7ia Initials: VMPo-6(PA)(050e).01 Page II or 16 Form 3039 1101 BK 1 964rG 17 99. 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 lawand 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, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by 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 Initials: VMPo-6(PA) psoe).o1 Page 12 of 16 Form 3039 1/01 8K196L4, PUG 18 00 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer 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 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 §ubstances: gasoline, kerosene, other flammable or toxic petroleum products, toxic p6sticides 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. Initials: VMP®-6(PA) (050e).o1 Page 13 of 16 Form 3039 1101 SKI 90'-4PG i v0' 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). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption-from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. initiais: 4 VMP®-6(PA) (0508).01 Page 14 or 16 Form 3039 1101 ! i9 t;FG?302 BY SIGNING BELOW; Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) -Borrower VMP®-6(PA) (0506).01 _ (Seal) -Borrower (Seal) -Borrower oy?eli_ (Seal) Peter R Miller -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Page 15 of 16 Form 3039 1101 ? 64 uIuQ3 COMMONWEALTH OF PENNSYLVANIA, ( ' )Qrd On this, the .3Qth day of A xs5 , undersigned officer, personally appeared Peter R ller County ss: 2 0 () (o , before me, the known to me (or satisfactorily proven) to be the person(s) whose name(s is a subscribed to the within instrument and acknowledged thaehe/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA ' NOTARIAL SEAL CYNTHIA E. RUHL. Notary Public Hampden Twp.. Cumberland County My Commission Expires May 20.2010 J?f Title of Officer Certificate of Residence © I, CVn+hq E /"1L_ do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 67013, Harrisburg, PA 17106-7013 Witness my hand this zO+h day of A? Q? Agent of Mortgagee Initials: I-klll? VMP®-6(PA) (osoe).ot Page is of 16 Form 3039 1101 a6 P-0 EXHIBIT "A" ALL THAT CERTAIN lot of ground situate in the Second Ward of the Borough of Mechanicsburg, County of Cumberland, and the Commonwealth of Pennsylvania, (being the rear or Western portion of a lot of ground fronting on the West side of South Chestnut Street), bounded and described as follows, to wit: BEGINNING at a stake on line of lot now or formerly of Ira Reynolds; thence along line of lot of said Ira Reynolds Westwardly fifty-eight (58) feet to an alley; thence Southward along said alley twenty-nine (29) feet to corner of Land now or formerly of J.L. Young; thence Eastward along line of lot of said J. L. Young fifty-eight (58) feet to a stake; thence Northward along line of lot now or formerly of William H. Baker twenty-nine (29) feet to a stake on line of lot of Ira Reynolds, the place of BEGINNING. BEING known and numbered as No. 122 South Chestnut Street. BEING THE SAME premises which Robert W. Snyder and Mary Kathleen Snyder, husband and wife, by Deed bearing date the 30th day of August, 2006, and about to be herewith recorded in the Office of the Recorder of Deeds, in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Peter R. Miller. UNDER AND SUBJECT TO conditions and restrictions which now appear of record. PARCEL #17-23-0565-257A SK196 lob1005 MORTGAGE INSURANCE RIDER This Mortgage Insurance Rider is made this 30th day of August, 2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's fixed rate [identify type of note, e.g. fixed rate] note (the "Note") to Pennsylvania State Employees Credit Union ("Lender") of the same date and covering the Property described in the Security Instrument and located at: 122 South Chestnut Street, Mechanicsburg, PA 17055 [Property Address] The Security Instrument is amended by adding the following at the end of Section 10 (if the Security Instrument has a form date at the lower right corner of 3/99 or later) or Section 8 (if the Security Instrument has a form date at the lower right corner that is earlier than 3/99): Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of 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 45386 Multistate Mortgage Insurance Rider-Single Family-Fannie Mae Uniform Instrument -11 R (0004) Form 31 Page 1 of 3 Initials: VMP MORTGAGE FORMS - (800)521-72 1 $?il904Pb1846 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. 45386 ?-11 R (0004) Page 2 of 3 Initials: Form 3160 4100 96 P i '0 7 By signing` below, Borrower accepts this Mortgage Insurance Rider and agrees that it amends and supplements the Security Instrument. (Seal) (Seal) Peter R Miller -Borrower -Borrower 45386 (=®11R (0004) _ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Page 3 of 3 -(Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Form 3160 4100 iii ? 3 3 y %j EXHIBIT "C" -?t t ro L-n m M - --- - - r-q Po.-age $ Certi(iec Fee O p -- 11 !stmark? C7 Return Receipt Fee are (Endorsement Required) s°R i' C1 Restricted Delivery Fee M (Endorsement Required) ?j r_0 t-9 Total Postage & Fees $ H fy u1 is}z senrTo p PETER R_ MILLER 0 N Sheer, Ap 122 SOUTH CHESTNUT ST - REAR or PO Boa MECHANICSBURG, PA 17055-6547 city, SiafE ECM= ..r .,.. .. I.• f rn r N J . A19 9 L ? U t ? V1 ---- m .t?ttt?t?t o-. _n Ln m ---- m r` C3 ?--- C3 C3 -?? o ru ca m O C1 r` 01 N p _ 016x!26515304 '? p p - $05.790 Q O^ 11/16/2011 QZ 01 Mailed From 17110 z V tf k US POSTAGE WOO W w L o OWO - - Q N Q t- - _.! _ / zZw O ' IT m .? to 0 r - -- to ? N H M r F- N a.? d ,b w u p Ile W (73 '0 L N N W°'" M O 7 .0 W ' W w ..xt u m E o 0 a a Z a ss ? . r .9? in W n i , to !•..O r=t, tl.? EIP1 jt? PSECO DATE NOVEMBER 18, 2011 PETER R MILLER 122 SOUTH CHESTNUT ST - REAR MECHANICSBURG, PA 17055-6547 Loan Number: L 45 386 Property Address: 122 SOUTH CHESTNUT ST HUNTINGDON, PA 16652 MECHANICSBURG. PA 17055-6547 NOTICE OF INTENTION TO FORECLOSE MORTGAGE DEAR PETER R MILLER: The MORTGAGE held by Pennsylvania Employees Credit Union (hereinafter we, us or ours) on your property located at: 122 SOUTH CHESTNUT ST MECHANICSBURG, PA 17055-6547 IS IN SERIOUS DEFAULT because you have not made the monthly payment (s) and other charges as of your mortgage loan due date: Next Payment Due Date AUGUST 1, 201 1 Current Monthly Payment $593.54 Total Monthly Payments Due $2,374.16 Late Charges $0,00 Other Charges: $0.00 Uncollected NSF Fees $ 0.00 Other Fees: $0.00 Corporate Advance Balance: $0.00 TOTAL YOU MUST PAY TO CURE DEFAULT: $2,374.16 The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $2,374.16: You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $2,374.16, plus any additional interest charge which may fall due during this period. Such payment must be made by cash, cashier's check, certified check or money order. Please remit the total amount due immediately to: PENNSYLVANIA EMPLOYEES CREDIT UNION PO BOX 67013 HARRISBURG, PA 17106-7013 Pennsylvania State Employees Credit Union 1 Credit Union Place, P.O. Box 67013, Harrisburg, PA 17106-7013 • 800.237.7328 • >>psecu.com THIS CREDIT UNION IS FEDERALLY INSURED BY THE NATIONAL CREDIT UNION ADMINISTRATION. EQUAL OPPORTUNITY LENDER. PSECO If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately WITHIN A SIX MONTH PERIOD. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (800) 237-7328 X 3125. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU 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 (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are no entitled to this right to cure your default more than three times in any calendar year., IF YOU ARE UNABLE TO BRING YOUR ACCOUNT CURRENT, RCS offers consumers assistance programs designed to help resolve delinquencies and avoid FORECLOSURE. These services are provided without cost to our customers. You may be eligible for a loan workout plan or other similar situation. If you would like to learn more about these programs, you may contact the Loss Mitigation Department at 800-237-7328 x 3125 WE ARE VERY INTERESTED IN ASSISTING YOU. Pennsylvania State Employees Credit Union 1 Credit Union Place, P.O. Box 67013, Harrisburg, PA 17106-7013 • 800.237.7328 • »psecu.com THIS CREDIT UNION IS FEDERALLY INSURED BYTHE NATIONAL CREDIT UNION ADMINISTRATION. EQUAL OPPORTUNITY LENDER. PSECO Attention Service members and dependents: The Federal Servicemembers' Civil Relief Act ("SCRA") and certain state laws provide important protections for you, including prohibiting foreclosure under most circumstances. If you are currently in the military service, or have been within the last nine (9) months, AND joined after signing the Note and Security Instrument now in default, please notify the 800-237-7328 X 3125 immediately. When contacting Pennsylvania Employees Credit Union as to your military service, you must provide positive proof as to your military status. If you do not provide this information, it will be assumed that you are not entitled to protection under the above-mentioned Act. For your benefit and assistance, there are government approved homeownership counseling agencies designed to help homeowners avoid losing their homes. To obtain a list of approved counseling agencies, please call (800) 569- 4287 or by visiting http://www.liud.gov/otrices/hsg/sfli/hcc/hcs.cfm. You may also contact the Homeownership Preservation Foundation's Hope hotline at (888) 995-HOPE (4673). This matter is very important. Please give it your immediate attention. Sincerely, PENNSYLVANIA EMPLOYEES CREDIT UNION PO BOX 67013 HARRISBURG, PA 17106-7013 800-237-7328 X 3125 Pennsylvania State Employees Credit Union 1 Credit Union Place, P.O. Box 67013, Harrisburg, PA 17106-7013 • 800.237.7328 • >>psecu.com THIS CREDIT UNION IS FEDERALLY INSURED BYTHE NATIONAL CREDIT UNION ADMINISTRATION. EQUAL OPPORTUNITY LENDER. PSECO FEDERAL LAW REQUIRES US TO ADVISE YOU THAT RESIDENTIAL CREDIT SOLUTIONS, INC IS A DEBT COLLECTOR AND THAT THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. TO THE EXTENT YOUR OBLIGATION HAS BEEN DISCHARGED OR IS SUBJECT TO THE AUTOMATIC STAY IN A BANKRUPTCY PROCEEDING, THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A DEMAND FOR PAYMENT OR AN ATTEMPT TO COLLECT ANY INDEBTEDNESS AS YOUR PERSONAL OBLIGATION. IF YOU ARE REPRESENTED BY AN ATTORNEY, PLEASE PROVIDE US WITH THE ATTORNEY'S NAME, ADDRESS AND TELEPHONE NUMBER. Pennsylvania State Employees Credit Union 1 Credit Union Place, P.O. Box 67013, Harrisburg, PA 17106-7013 • 800.237.7328 • »psecu.com THIS CREDIT UNION IS FEDERALLY INSURED BYTHE NATIONAL CREDIT UNION ADMINISTRATION. EQUAL OPPORTUNITY LENDER. VERIFICATION PENNSYLVANIA STATE EMPLOYEES CREDIT UNION vs. PETER R. MILLER I, GREGORY DIFFENDERFER, being duly affirmed according to law, depose and say that I am Collection Manager for Pennsylvania State Employees Credit Union, that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, f have relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. i Date: l.i Gregory Diffenderfer SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Pennsylvania State Employees Credit Union vs. Peter R. Miller SHERIFF'S RETURN OF SERVICE Case Number 2012-1828 03/28/2012 07:15 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 28, 2012 at 1915 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Peter R. Miller, by making known unto himself personally, at 122 S. Chestnut Street, Rear, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. R RSHERIFF COST: $38.00 March 30, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF i fROTHO) OTA€ . BARLEY SNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, V. PETER R. MILLER, 3! iiriy --7 PH 1: 21 ,' M3EF?LAlQ COUNTY PENNSYLVANIA Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MORTGAGE FORECLOSURE No. 2012-1828 CIVIL TERM PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, Pennsylvania State Employees Credit Union against Defendant, Peter R. Miller for want of an answer: ® Assess damages as follows: Principal Balance ................................................................ $62,450.93 Interest through 01/13/12 at a rate of $11.76 per diem .............................................. 2,499.63 Late Charges ........................................................................ 247.48 Negative Escrow Balance ................................................... 325.99 Other Bank Fees .................................................................. 220.50 Attorneys' Fees ................................................................... 3,000.00 Total ................................................................................ 3550804-I $68,744.53 'Sou t 3 plus continuing interest after January 13, 2012 at a rate of $11.76 per diem, plus continuing late charges and costs. ® I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ? Pursuant to Pa. R.C.P. §237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ® Pursuant to Pa. R.C.P. §237.5, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. BARLEY SNYDER Date: _ Z 2 By: Sh n M. Long, Esquire ttomeys for Plaintiff Pennsylvania State Eii 1 126 E. King Street Lancaster, PA 17602 717.299.5201 Credit Union NOW, ?)D t, JUDGMENT JEED E Prothonotary/Clerk, Civil Division By: , Deputy 3550804-1 No. 2012-1828 CIVIL TERM BARLEYSNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. PETER R. MILLER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MORTGAGE FORECLOSURE No. 2012-1828 CIVIL TERM TO: Peter R. Miller 122 S. Chestnut Street, Rear Mechanicsburg, Pennsylvania 17055-6547 DATE OF NOTICE: April 18, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 3540776-1 No. 2012-1.828 CIVIL TERM YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED OR NO FEE: Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUVA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. 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 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 3540776-1 No. 2012-1828 CIVIL TERM Date: q [l By: BARLEY SNYDER Shawn M. Vng, Esquire Troy B. R (der, Esquire Attorneys for Plaintiff Pennsylvania State Employees Credit Union Court I.D. No. 83774, 206319 126 E. King Street Lancaster, PA 17602 717.299.5201 UNITEDSTATES Certificate Of POSTAL, SERVICEa Mailing Thb CeeWleab of Meft provfdaa evidence Mat mail has been presented to USPS® for mailing. ?Y' cp This form may be used for domeslic and international mail. From: Batley Snyder (CKB) ?-- G° 50 North 5th Street v _. Box 942 F) Ca Reading, P* 19603 r r a •. To: K / "I I I I?? N Y l ?a Mcchamcs' 00, A% 2`065-097 =n: PS Form 3817, April 2007 PSN 7530-02-000-9065 3540776-1 BARLEY SNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. PETER R. MILLER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MORTGAGE FORECLOSURE No. 2012-1828 Civil Term AFFIDAVIT OF SERVICE Colleen Brelje, doth depose and say that she served a true and correct copy of the 10-day Default Notice upon Peter R. Miller, 122 S. Chestnut Street, Rear, Mechanicsburg, Pennsylvania 17055-6547 by mailing the same to him, by first class mail on April 18, 2012. The statements set forth in this Affidavit are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: April 18, 2012 BARLEY SNYDER By: Colleen Brelje, Paralegal 50 North Fifth Street, 2nd F oor P.O. Box 942 Reading, PA 19603 610.376.6651 3540788-1 BARLEY SNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. PETER R. MILLER, Defendant Attorneys for Plaintiff Pennsylvania State Employees Credit Union COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MORTGAGE FORECLOSURE No. 2012-1828 CIVIL TERM AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918, RE-ENACTED 1940 The undersigned, Shawn M. Long, Esquire, doth depose and say that Peter R. Miller, Defendant is not in the Military or Naval Service, based on the following facts: Age of defendant is unknown; Present place of employment is unknown; Present place of Residence of Peter R. Miller is 122 S. Chestnut Street, Rear, Mechanicsburg, Pennsylvania 17055-6547, as of the date of this affidavit. ADDITIONAL FACTS, if any, Affidavit based upon representations of Plaintiff. The statements set forth in this Affidavit are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: Z BARLEY SNYD By: haven M. Long, Es Wire Attorneys for Plaint Pennsylvania State Employees Credit Union 126 E. King Street Lancaster, PA 17602 717.299.5201 3550804-1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-1828 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PENNSYLVANIA STATE EMPLOYEES CREDIT UNION Plaintiff (s) From PETER R. MILLER (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: $68,744.53 L. L.: $.50 Interest through 1/13/12 at a rate of $11.76 per diem - $2,499.63 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $189.25 Other Costs: Late Charges - $247.48 - Negative Escrow Balance Other Bank Fees - $220.50 Attorney Fees - $3,000.00 Plaintiff Paid: Date: 5/31/12 David D. uell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: SHAWN M. LONG, ESQUIRE Address: BARLEY SNYDER 126 E. KING STREET LANCASTER. PA 17602 Attorney for: PLAINTIFF Telephone: 717-299-5201 Supreme Court ID No. 83774 r. r?;n 9S "?yEr n ?s.; r [ J1`3ERL fiD C0Uo51 .• g?Ed Y L`, i ? I BARLEYSNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 Attorneys for Plaintiff 717.299.5201 Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. PETER R. MILLER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MORTGAGE FORECLOSURE No. 2012-1828 Civil Term Defendant PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Kindly issue a Writ of Execution in the above matter: Principal Balance ....................................................................... Interest through 01 / 13/12 at a rate of $11.76 per diem ..................................................... Late Charges ............................................................................... Negative Escrow Balance Other Bank Fees ......................................................................... Attorneys' Fees .......................................................................... 6?) Total avik fag. S? 2?g , coo F ocl? log. 7SKr, I?.SQu" 3580425-1 N i1 C t so??? ???- a? 59 SSA $62,450.93 2,499.63 247.48 325.99 220.50 3,000.00 $68,744.53 ??kko? I7LTss?d plus continuing interest after January 13, 2012 at a rate of $11.76 per diem, plus continuing late charges, attorneys' fees and costs. BARLEY SNYDER By: Shawn M. ong, Esquire Troy B. R der, Esquire Attorneys for Plaintiff, Pennsylvania State Employees Credit Union Court I.D. No. 83774, 206319 126 E. King Street Lancaster, PA 17602 717.299.5201 3580425-1 ALL THAT CERTAIN lot of ground situate in the Second Ward of the Borough of Mechanicsburg, County of Cumberland, and the Commonwealth of Pennsylvania, (being the rear or Western portion of a lot of ground fronting on the West side of South Chestnut Street), bounded and described as follows, to wit: BEGINNING at a stake on line of lot now or formerly of Ira Reynolds; thence along line of lot of said Ira Reynolds Westwardly fifty-eight (58) feet to an alley; thence Southward along said alley twenty-nine (29) feet to corner of Land now or formerly of J. L. Young; thence Eastward along line of lot of said J. L. Young fifty-eight (58) fee to a stake; thence Northward along line of lot now or formerly of William H. Baker twenty-nine (29) feet to a stake on line of lot of Ira Reynolds, the place of BEGINNING. BEING known and numbered as No. 122 South Chestnut Street. BEING THE SAME PREMISES which Robert W. Snyder and Mary Kathleen Snyder, husband and wife, by deed dated August 30, 2006 and recorded August 31, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 276, Page 2125, granted and conveyed unto Peter R. Miller, single man, his heirs and assigns. PARCEL # 17-23-0565-257A 3580425-1 BARLEYSNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. PETER R. MILLER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2012-1828 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Pennsylvania State Employees Credit Union, 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 122 South Chestnut Street, Mechanicsburg, Cumberland County, Pennsylvania 17055-6547. (1) Name and address of owner(s) or reputed owner(s): Peter R. Miller 122 S. Chestnut Street, Rear Mechanicsburg, Pennsylvania 17055-6547 (2) Name and address of defendant(s) in the judgment: Peter R. Miller 122 S. Chestnut Street, Rear Mechanicsburg, Pennsylvania 17055-6547 (3) Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Pennsylvania State Employees Credit Union One Credit Union Place Harrisburg, PA 17110 g t A tUL. I pp rr6.<iAf"A/ rt CLUE: i PENNISYLV ?aN ?'I 3580425-1 (4) Name and address of the last recorded holder of every mortgage of record: Pennsylvania State Employees Credit Union One Credit Union Place Harrisburg, PA 17110 (5) Name and address of every other person who has any record lien on the property: Borough of Mechanicsburg c/o David J. Spotts, Esquire 36 West Allen Street Mechanicsburg, PA 17055 (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 known to Plaintiff at this time. (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: Commonwealth of Pennsylvania Dept. of Revenue Bureau of Compliance 7th Floor Strawberry Square Harrisburg, PA 17128-0101 Internal Revenue Service Wm. S. Moorhead Federal Building Advisory 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 Internal Revenue Service 600 Arch Street, Room 3259 Philadelphia, PA 19106 Cumberland County Tax Claim Bureau One Courthouse Square Suite 100 Carlisle, PA 17013 3580425-1 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 17 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BARLEY SNYDER Date: SJ30112 By: Shawn X. Long, Esquire Troy Rider, Esquire Attorneys for Plaintiff Pennsylvania State Employees Credit Union Court I.D. No. 83774, 206319 126 E. King Street Lancaster, PA 17602 717.299.5201 3580425-1 ALL THAT CERTAIN lot of ground situate in the Second Ward of the Borough of Mechanicsburg, County of Cumberland, and the Commonwealth of Pennsylvania, (being the rear or Western portion of a lot of ground fronting on the West side of South Chestnut Street), bounded and described as follows, to wit: BEGINNING at a stake on line of lot now or formerly of Ira Reynolds; thence along line of lot of said Ira Reynolds Westwardly fifty-eight (58) feet to an alley; thence Southward along said alley twenty-nine (29) feet to corner of Land now or formerly of J. L. Young; thence Eastward along line of lot of said J. L. Young fifty-eight (58) fee to a stake; thence Northward along line of lot now or formerly of William H. Baker twenty-nine (29) feet to a stake on line of lot of Ira Reynolds, the place of BEGINNING. BEING known and numbered as No. 122 South Chestnut Street. BEING THE SAME PREMISES which Robert W. Snyder and Mary Kathleen Snyder, husband and wife, by deed dated August 30, 2006 and recorded August 31, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 276, Page 2125, granted and conveyed unto Peter R. Miller, single man, his heirs and assigns. PARCEL # 17-23-0565-257A 3580425-1 A f a#;c ' , r.17 t, ?' y i { A" ltd ? ellk,c%,rf BARLEYSNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Attorneys for Plaintiff Lancaster, PA 17602 Pennsylvania State Employees Credit 717.299.5201 Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MORTGAGE FORECLOSURE PETER R. MILLER, Defendant No. 2012-1828 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Peter R. Miller 122 S. Chestnut Street, Rear Mechanicsburg, Pennsylvania 17055-6547 Your house (real estate) at 122 South Chestnut Street, Mechanicsburg, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on September 5, 2012 at 10:00 am, by the Office of the Cumberland County Sheriff located at 1 Courthouse Square, Carlisle, PA to enforce the court judgment of $68,744.53 obtained by Pennsylvania State Employees Credit Union, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 3580425-1 (1) The sale will be canceled if you pay to Pennsylvania State Employees Credit Union the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorney's fees due. To find out how you must pay, you may call Shawn M. Long at 717.299.5201. (2) You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. (3) You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE (1) If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling the Sheriff of Cumberland County, at (888) 697- 0371 ext 6390. (2) You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. (3) The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, at (888) 697-0371 ext 6390. (4) If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 3580425-1 (5) You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. (6) You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on or about October 5, 2012. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after October 5, 2012. (7) You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 3580425-1 ALL THAT CERTAIN lot of ground situate in the Second Ward of the Borough of Mechanicsburg, County of Cumberland, and the Commonwealth of Pennsylvania, (being the rear or Western portion of a lot of ground fronting on the West side of South Chestnut Street), bounded and described as follows, to wit: BEGINNING at a stake on line of lot now or formerly of Ira Reynolds; thence along line of lot of said Ira Reynolds Westwardly fifty-eight (58) feet to an alley; thence Southward along said alley twenty-nine (29) feet to corner of Land now or formerly of J. L. Young; thence Eastward along line of lot of said J. L. Young fifty-eight (58) fee to a stake; thence Northward along line of lot now or formerly of William H. Baker twenty-nine (29) feet to a stake on line of lot of Ira Reynolds, the place of BEGINNING. BEING known and numbered as No. 122 South Chestnut Street. BEING THE SAME PREMISES which Robert W. Snyder and Mary Kathleen Snyder, husband and wife, by deed dated August 30, 2006 and recorded August 31, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 276, Page 2125, granted and conveyed unto Peter R. Miller, single man, his heirs and assigns. PARCEL # 17-23-0565-257A 3580425-1 No. 2012-1828 I_LI Cr F IGL TROiN,QNTfi,h. 2012 AUG 22 PM 1: 3$ "'+ERLAND COUNT`' PENNSYLVANIA BARLEYSNYDER Shawn M. Long, Esquire Court I.11). No. 83774 126 E. long Street Lancas*, PA 17602 Attorneys for Plaintiff 717.299.$201 Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff V. PETER R. MILLER, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MORTGAGE FORECLOSURE No. 2012-1828 Civil Term AFFIDAVIT OF SERVICE Colleen K. Brelje, Paralegal, doth deposes and says that she served a true and correct copy of the Notice of Sheriff s Sale, by mailing the same to the parties on the attached sheet by First Class mail with Postal Form 3817 attached July 20, 2012. The statements set forth in this Affidavit are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. BARLEY SNYDER By: `I r Colleen K. Brelje, Paralegal 50 N. Fifth Street, P.O. Box 942 Reading, PA 19603-0942 610.376.6651 3629038.1 ?PCISM SWIM• Certificate Of Wilin This" ._ ... ., __ . ... ......... .mailing rn' Frc Barley Snyder (CKB) ?{ CJ X N 126 East King Street - ' o ro Lancaster, PA 17602 Peter R. Miller 122 S. Chestnut Street, Rear - 69 Mechanicsburg, PA 17055-6?47 PS Farm 3817, April 2007 PSN 7530-02-000-9065 5 hJ Cn 1 (- uNn w ?PCSWSEWVCE* Certificate Of Wing This This rmeiling. Fro Barley Snyder (CKB) "? - nxr,- C Z : fl7 126 East King Street - '"- Lancaster, PA 17602 4t ''% - • - 4 L To Pennsylvania State Employees - Credit Union One Credit Union Place (79 Harrisburg, PA 17110 _ rs 73 PS Form 3817, April 2007 PSN 7530-02-000-9065 LT) t i Ci f J kD ?UNIMSUM • Certificate Of Meiling iling. This fon From: Barley Snyder (CKB) - * o = _ r 126 East King Street , Q Lancaster, PA 17602 C) - ., Borough of Mechanicsburg To: - c/o David J. Spotts, Esquire - 36 West Allen Street - Mechanicsburg, PA 17055 r' e..? PS Form 3817, April 2007 PSN 7530-02-000-9065 co CD ) IN a T C I da r G i -0 I DV -b Cn z 0 0 N O O to rn N 0 n O n a o ?. o ° w? _ CD . : O O IN* T 11 l ~ W ? bxa 9 o? CD x z oN ,CD.. Gj 3 I I I I 1 I I I 3 t1 sJ6l.9 L ? G ? i. ?' - ' A GQJL dL F.0 . . .4 i l 7 0 w ti G??O o Z ao J fD >v' ?n b 0 C o? 00 < ;v- JaiseH T -I ti ?N C" N W C7 ? CD CL D' b x a? ? n J ? Q ? ? 3 m I? m Y I o O tIGNZ911 1G L L9 i.® 1 a?" oz'Zo aaiseH tald>fo tEs 1 ' CertMcate Of Mellln ThisC This I C From Barley Snyder (CKB) 126 East King Street •+¦ro . o Lancaster, PA 17602 •? ' - - r IV 33 Internal Revenue Service •" T Wm. S. Moorhead Federal BuildixWL 2 0 2012 Advisory c:> 1000 Liberty Avenue, Room 704 _ -- r j Pittsburgh, PA 15222 CC PS Form 3817, April 2007 PSN 7530-02-000-9065 C"i N MIMIUMINM PGM ° Certificate Of Mailing This Corti inafa of Mnilinn nrnv,d- avid-. that mail has hewn r-n This for F-: Barley Snyder (CKB) ted to I1SPSefnr mailing - 126 East King Street m Lancaster, PA 17602 V _ T°: Internal Revenue Service 600 Arch Street, Room 3259 Philadelphia, PA 19106 ; ? ,L Z 0 2012 - .? C0 PS Form 3817, April 2007 PSN 7530-02-000-9065 - 0 ?? S'HERIFF'S OFFICE OF CUMBERLAND COUNTY RonnyRAnderson ,.. ,; __ ,~ Sheriff t1T ci ~;,t:r,t;~,. ~- ~ r 1~~~ t-'r; I~ "j~~ G ~~`~' ^ ;- , Jody S Smith ~~#~~ {r"~ ; L, S Chief Deputy ~~ ~ ~ ~F~~il ~ ~ ~~~ ~; ~~ Richard W Stewart ~~~~~~~~~~ ~~~~ ~ ~. solicitor ~,~: - - -~~~~= P~tdt~~YLV.~N{~~ Pennsylvania State Employees Credit Union Case Number vs. Peter R. Miller 2012-1828 SHERIFF'S RETURN OF SERVICE 06/19/2012 06:03 PM -Deputy Michael Barrick, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 122 S. Chestnut Street, Rear, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. 07/13/2012 08:27 PM -Deputy Ronald Hoover, 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: Peter R. Miller at 122 S. Chestnut Street, Rear, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. 08/29/2012 As directed by Shawn M. Long, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/5/2012 11/15/2012 RonnyRAnderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $728.57 November 15, 2012 SO ANSWERS, --_~. RON R ANDERSON, SHERIFF C . r BARLEYSNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff v. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 2012-1828 Civil Term PETER R. MILLER, AFFIDAVIT PURSUANT TO RULE 3129.1 Pennsylvania State Employees Credit Union, 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 122 South Chestnut Street, Mechanicsburg, Cumberland County, Pennsylvania 17055-6547. (1) Name and address of owner(s) or reputed owner(s): Peter R. Miller 122 S. Chestnut Street, Rear Mechanicsburg, Pennsylvania 17055-6547 (2) Name and address of defendant(s) in the judgment: Peter R. Miller 122 S. Chestnut Street, Rear Mechanicsburg, Pennsylvania 17055-6547 (3) Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Pennsylvania State Employees Credit Union One Credit Union Place Harrisburg, PA 17110 3580425-1 (4) Name and address of the last recorded holder of every mortgage of record: Pennsylvania State Employees Credit Union One Credit Union Place Harrisburg, PA 17110 (5) Name and address of every other person who has any record lien on the property: Borough of Mechanicsburg c/o David J. Spotts, Esquire 36 West Allen Street Mechanicsburg, PA 17055 (6) Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: None known to Plaintiff at this time. (7) Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Commonwealth of Pennsylvania Dept. of Revenue Bureau of Compliance 7th Floor Strawberry Square Harrisburg, PA 17128-0101 Internal Revenue Service Wm. S. Moorhead Federal Building Advisory 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 Internal Revenue Service 600 Arch Street, Room 3259 Philadelphia, PA 19106 Cumberland County Tax Claim Bureau One Courthouse Square Suite 100 Carlisle, PA 17013 3580425-1 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 17 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BARLEY SNYDER Date: ~f .30/2 By: Shawn Long, Esquire Troy .Rider, Esquire Attorneys for Plaintiff Pennsylvania State Employees Credit Union Court I.D. No. 83774, 206319 126 E. King Street Lancaster, PA 17602 717.299.5201 3580425-1 ALL THAT CERTAIN lot of ground situate in the Second Ward of the Borough of Mechanicsburg, County of Cumberland, and the Commonwealth of Pennsylvania, (being the rear or Western portion of a lot of ground fronting on the West side of South Chestnut Street), bounded and described as follows, to wit: BEGINNING at a stake on line of lot now or formerly of Ira Reynolds; thence along line of lot of said Ira Reynolds Westwardly fifty-eight (58) feet to an alley; thence Southward along said alley twenty-nine (29) feet to corner of Land now or formerly of J. L. Young; thence Eastward along line of lot of said J. L. Young fifty-eight (58) fee to a stake; thence Northward along line of lot now or formerly of William H. Baker twenty-nine (29) feet to a stake on line of lot of Ira Reynolds, the place of BEGINNING. BEING known and numbered as No. 122 South Chestnut Street. BEING THE SAME PREMISES which Robert W. Snyder and Mary Kathleen Snyder, husband and wife, by deed dated August 30, 2006 and recorded August 31, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 276, Page 2125, granted and conveyed unto Peter R. Miller, single man, his heirs and assigns. PARCEL # 17-23-0565-257A 3580425-1 i ; BARLEYSNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, Plaintiff v. PETER R. MILLER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -MORTGAGE FORECLOSURE No. 2012-1828 Civil Term Defendant NOTICE OF SHERIFF'S SALE TO: All Parties in Interest and Claimants OWNER(S): Peter R. Miller PROPERTY: 122 South Chestnut Street Mechanicsburg, Pennsylvania 17055-6547 COUNTY: Cumberland, Pennsylvania The above-captioned property is scheduled to be sold at the Sheriffs Sale on September 5, 2012 at 10:00 am at Cumberland County Courthouse 1 Courthouse Square, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which maybe extinguished by the sale. You may wish to attend the sale to protect your interest. 3580425-1 '~ a A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. Sincerely, BARLEYSNYDER Shawn ong, Esquire Troy _ .Rider, Esquire 3580425-i ALL THAT CERTAIN lot of ground situate in the Second Ward of the Borough of Mechanicsburg, County of Cumberland, and the Commonwealth of Pennsylvania, (being the rear or Western portion of a lot of ground fronting on the West side of South Chestnut Street), bounded and described as follows, to wit: BEGINNING at a stake on line of lot now or formerly of Ira Reynolds; thence along line of lot of said Ira Reynolds Westwardly fifty-eight (58) feet to an alley; thence Southward along said alley twenty-nine (29) feet to corner of Land now or formerly of J. L. Young; thence Eastward along line of lot of said J. L. Young fifty-eight (58) fee to a stake; thence Northward along line of lot now or formerly of William H. Baker twenty-nine (29) feet to a stake on line of lot of Ira Reynolds, the place of BEGINNING. BEING known and numbered as No. 122 South Chestnut Street. BEING THE SAME PREMISES which Robert W. Snyder and Mary Kathleen Snyder, husband and wife, by deed dated August 30, 2006 and recorded August 31, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 276, Page 2125, granted and conveyed unto Peter R. Miller, single man, his heirs and assigns. PARCEL # 17-23-0565-257A 3580425-1 .. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-1828 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PENNSYLVANIA STATE EMPLOYEES CREDIT UNION Plaintiff (s) From PETER R. MILLER (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: $68,744.53 L.L.: $.50 Interest through 1/l3/12 at a rate of $11.76 per diem - $2,499.63 Atty's Comm: ~% Due Prothy: $2.25 Atty Paid: 5189.25 Other Costs: Late Charges - $247.48 -Negative Escrow Balance Other Bank Fees - $220.50 Attorney Fees - $3,000.00 Plaintiff Paid: Date: 5/31 /12 David D. B ell, Prothonotary (Seal) B Depu REQUF,STING PAR"I'Y: Name: SHAWN M. LONG, ESQUIRE Address: BARLEY SNYDER TRUE COPY FRhOrM RE eORD~ 126 E. KING STREET whereof ~~ Testimony '' nn LANCASTER. PA 17602 end the seal of said Court st~ad~s 2'01~- This ~dey ~ '-Protho ~rY Attorney for: PLAINTIFF /~ .~ I~ ^,~ Telephone:717-299-5201 ~~W~ (•F 111°""'_ Supreme Court ID No. 83774 /` On June 1, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Meehan-icsburg Borough, Cumberland County, PA, known and numbered 122 S. Chestnut Street, dear, Mechanicsburg, PA 17055 more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 1, 2012 1 By: .w . Claudia Brewba~er, Real ~.st~te Coordinator . ,t, ,~ _ __ _ The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 ~e~lahiot News Now you know 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY .c This ad ran on the date(s) shown below: 07/27/12 08/03112 08/10/12 12 A. D. r :tee-~._.. CO. MMONWEALTH 01~ PENNSYLVANIA Notarial Seal Sherrie ~. Owens, Notary wublic Lower ~a;cton Twp., Dauphin County My Cornmission Expires Nov. 26, 2015 MEMBER, PFNNSYi ,~AAl1A ASSOCIATION OF NOTARIES ~>fZ-w~a ChrII ~~ PennsyhratNa Std P.m~ E cue unbn p va ~ , P~tar R. Malar ?'~z Ariy: Shawn M. L.onS ALL THAT CERTAIN lot of ground situate in the Second Ward of the Borough of Mechanicsburg, County of Cbmbetland, and the Commonwealth of Pennsylvania, (being the rear or Western portion of a lot of groin fronting on the West side of South Chestnut Street}, botmded and described as follows, to wit: BEGINNING at a stake on lice of lot now or formerly of Ira Reynolds; thence along line of lot of said Ira Reynoids Westwazdiy fdty-eight (58} feet to an alley; thence Southwazd along said alley twenty-nine (29) feet to corner of Land now or formerly of J. I,. Young; thence I?astivard along line of lot of said J.I. Young fifty~eight (58) fa hi a t>s~raR t(erthwatri linedldteotrtxfoxire~lyof~ ,~ 8~.»~ina(2~ kuaatnice - online of lataElsali~s~Ylb 111 of BEGINNING. BEING known and numbered as No.122 South Chestnut Street. BEING TILE SAME FREMISFS which Robert W.. Snyder and Mary Kathleen Snyder, husband and wife, by deed dated August 30, 2006 and rea°•dodAugost 31, 2006.in tbe Ofsrce of the Recorder of Deeds in and for Cumberland County, pe~yiv~a in Record Book 276, Page 2125, granted and unto Peter R. Miller, single man, his heirs and assigns. PARCEL # 17-23-0565-257A CUMBERLAND LAW JOURNAL Writ No. 2012-1828 Civil Term Pennsylvania State Employees Credit Union vs. Peter R. Miller. Atty.: Shawn M. Long ALL THAT CERTAIN lot of ground situate in the Second Wazd of the Borough of Mechanicsburg, County of Cumberland, and the Common- wealth of Pennsylvania, (being the reaz or Western portion of a lot of ground fronting on the West side of South Chestnut Street), bounded and described as follows, to wit: BEGINNING at a stake on line of lot now or formerly of Ira Reynolds; thence along line of lot of said Ira Reynolds Westwazdly fifty-eight (58) feet to an alley; thence Southwazd along said alley twenty-nine (29) feet to corner of Land now or formerly of J. L. Young; thence Eastward along line of lot of said J. L. Young fifty-eight (58) fee to a stake; thence Northwazd along line of lot now or formerly of William H. Baker twenty- nine (29) feet to a stake on line of lot of Ira Reynolds, the place of BEGIN- NING. BEING known and numbered as No. 122 South Chestnut Street. BEING THE SAME PREMISES which Robert W. Snyder and Mary Kathleen Snyder, husband and wife, by deed dated August 30, 2006 and recorded August 31, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania in Record Book 276, Page 2125, granted and conveyed unto Peter R. Miller, single man, his heirs and assigns. PARCEL # 17-23-0565-257A. 69 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: July 27, August 3, and August 10, 2012 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. r- Li Marie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 10 da of Au st 2012 ~i Notary NUTARIAI. SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 No. 2012-1828 Civil Term A lK Z{1}ti FEB 18 PM 1: 36 CUMBERLAND COUNTY PENNSYLVANIA BARLEY SNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 Attorneys for Plaintiff 717.299.5201 Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES COURT OF COMMON PLEAS OF CREDIT UNION, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. CIVIL ACTION—MORTGAGE FORECLOSURE PETER R. MILLER, Defendant No. 2012-1828 Civil Term AFFIDAVIT OF SERVICE Colleen K. Brelje, Paralegal, doth deposes and says that she served a true and correct copy of the Notice of Sheriffs Sale of Real Property and Notice of Sheriff's Sale,by mailing the same to Peter R. Miller, 122 S. Chestnut Street, Rear, Mechanicsburg, Pennsylvania 17055-6547 by certified mail, return receipt requested and by first-class mail with Postal Form 3817 attached on January 28, 2014. The statements set forth in this Affidavit are made subject to the penalties of 18 Pa.C.S. §4904,relating to unsworn falsification to authorities. BARLEY SNYDER By: \" _ Colleen K. Brelje, Paralegal 50 N. Fifth Street, P.O. Box 942 Reading, PA 19603-0942 610.376.6651 4189914_1.DOC THE FROM WALZ TM FORM#U.S. AT. B VERSION:02!13 .PAT. B VERSION: WALZ CERTIFIED fill11l1ll11l1lull11111lllluu111111I"IIII'l11111ll"II"'III'I MAILER" Peter R.Miller 122 S.Chestnut Street,Rear Mechanicsburg,PA 17055-6547 Label#1 e\ g� J M Shawn M.Long,Esquire °z Barley Snyder o Label#2 126 East King Street Lancaster,PA 17602 mbeC Sha CeCtified A�tic1e NQ p1 4y B.I p000 pu30 Label#3 12.ng 931` ebENOvas RECORD 5 • A FOLD AND TEAR THIS WAY— • OPTIONAL Walz, CertifiedPro .NET Page 1 of 1 WA CertifiedPro.Net Create Transaction Create Multiple Transactions Tracking Process Returns Returns Look Up security+integrity Mail Center Settings Upload Address Book jdilloway(Logout) Home Last Login: 1/30/2014 Overview User Info Recipient: Transaction Information: Help Peter R.Miller Tracking#: 9314869904300000070144 122 S.Chestnut Street,Rear Service Options: Return Receipt-Electronic Links Mechanicsburg,PA 17055-6547 Electronic Confirmation • Mail Service: Certified Contact Us Reference#: PSECU v.Miller Transaction created by:jdilloway Postage: 0.66 _CE TIFIEDmAIL User ID:3246 Fees: 4.35 Firm Mailing Book ID:None Status: Mailed 'f TIFIED "Aft Transaction History: Event Description Event Date Detail No records to display. QUICK TRACKING Enter the Article Number: Download View Description I I' Submit I iii rj,::, RRE Image i *oCn.REM COQ l._ https://www.certifiedpro.net/w1/SearchResultDetail.aspx?id=3319338 2/3/2014 UNITED STATES POSTAL SERVICE. Date Produced: 02/03/2014 WALZ GROUP: The following is the delivery information for Certified MaiITM/RRE item number 9314 8699 0430 0000 0701 44. Our records indicate that this item was delivered on 01/28/2014 at 01:24 p.m. in MECHANICSBURG, PA 17055. The scanned image of the recipient information is provided below. re /140- Signature of Recipient : d Address of Recipient : rY Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service No. 2012-1828 Civil Term v, r 1% P t 1 t ' 20t r FIR 18 P11 t: 36 CUMBERLAND COUNT' BARLEY SNYDER Shawn M. Long,Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 Attorneys for Plaintiff 717.299.5201 Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES COURT OF COMMON PLEAS OF CREDIT UNION, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. CIVIL ACTION—MORTGAGE FORECLOSURE PETER R. MILLER, Defendant No. 2012-1828 Civil Term AFFIDAVIT OF SERVICE Colleen K. Brelje, Paralegal, doth deposes and says that she served a true and correct copy of the Notice of Sheriff's Sale,by mailing the same to the parties on the attached sheet by First Class mail with Postal Form 3817 attached on January 24, 2014. The statements set forth in this Affidavit are made subject to the penalties of 18 Pa.C.S. §4904,relating to unsworn falsification to authorities. BARLEY SNYDER By: Colleen K.K. Brelje, Paralegal 50 N. Fifth Street, P.O. Box 942 Reading, PA 19603-0942 610.376.6651 4189914_I.DOC - !Mile( ��r�- UNITED STATES POSTALSERVICEa Certificate Of Maili C o = — o a -5N This Certificet @of MaBino�oro'virtes 8vidanna ihat.maifhac hcon.rVasa'tadini.t.CP.C®Inf ma in �.� m•Thls. ..v § tR Q t~ MI 2. Fro, Barley Snyder(CKB) o,; -% 1. P °t`'` S x_ 126 East King Street �� ':� D � .i ° ° sv `C m �p Lancaster, PA 17¢0 ���` ` 5 ' _ `• .PIS m g ° bra a R �a N G u, T Peter R.Miller Q ° 1 o tra a CD s 122 S.Chestnut Street,Re . - z `� n ON (I) x Mechanicsburg,PA 17055:6. ' _ ,,�,`', 'o _a - W o td rn 1 b n tv `'' - No N — .� _ F N Co I Q i �Q,STEt? , m A to 0 cn PS Form 3817,April 2007 PSN 7530-02-000-9066 - "' Q- �� 6\ . , J 2� v O • - -- '� J . >�UNITEDSWI S POSTAL SERVICE 0 - Certifcaate Of Mailir i ° f'998Z91! This Cadifirate of Mailino_orovide5 evidenOe thet nail ha� `�i�s�Irit�d lap for mail! '/ .1: .T, o�1 O , •�' Thi' 20911 dIZ ��f� i•i'� Fr< Barley Snyder(CKB) p\t �: w N — S , 126 East King Street P np> Iv 4 O�z� �,Q 3Jy1S0 Lancaster, PA 1760 a Pr d s • Q - ;, tiIOZ/17Z/1.0 Wi- S. T Pennsylvania State Employees Credit neon o --- One Credit Union Place N Harrisburg,PA 17110 — •1 _ �_- E _ V �o iVi..i`ef i 0 N (11 O T i Iii t o co I - o .. . 3,a � Il PS FForm'3817,Ap0l 200T PSN7530-U2-uu0 ubp- u1 OOaZ i (D (,P, (4 o .1i1 UNITEDST,TES o a E C d ■ci O. F, m QQ n POSTAL SERVICE Certificate Of Maii i C °_ 2 i a /1 This Certificate of Meiin9-MO_vide-s evidence that mail,hill been presented to USPS®form L I CO z �p Q�q ra ~ f This f - • j1 �, L., N x d3 0\ CD From Barley Snyder(CKB) _ - 0 o `�° M o .00 126 East King Street a ,, 0\ g b Lancaster, PA 17602' E o STF \• QJ - - m f 1 ,5 '6 �(-1\ .o:: - Internal Revenue Service /1( Q•DTS 7 - ° ; 0 1 %q1 y IT T< 600 Arch Street �� �6'. �Q� b • ■ Room 3259 N b��� o v ; i G OJT 1 III. Philadelphia,PA 19106. v Q�'L • - — j,E,S �p°/ '- 1;6.- $,-* 81^,o O PS Farm 3817,April 2007 PSN 7530-02-000'23066 ' - - 17999Z91 1.O 1 1.0 XINE71 , ._ ZO9L 1 dIZ • 602. I.0$ 3OV SO ZSfl - as iseH : ' --- -_ __ ._ ___..—.=___. .__ • `'UNITED STATES ` MN POSTAL SERVICE s Certifi • fig fdlMaiIi. _ This Ce"ifi..Me of xn.dirm nrcvrrluc nvinanM that mall.hes been .1t:..r`-.a;'-' r w, This fc Q Ga I, • N From: Barley Snyder(CKB)if; 'fie` cP . .� K 126 East King Street i w e, 1' - Lancaster, PA 17602' S 2, „4Q. tit. To: , Commonwealth of Pennsylvania - Dept.of Revenue o _ Bureau of Compliance 1 Ni 0 Strawberry Square,7th Floor .:1 b �•'- Harrisburg,PA 17128-0101 N-4 N PS Form 3817,April 2007 PSN 7530-02-000-9065 N Q . 1 a, UN!TEDSTATES POSTAL SERVlCE0 Certificate Of Mail, _ �J •r This C�Afrc�ie of Matlina�wides evidence that mail has been presented to LISPS®(or ma�, N Fran Barley Snyder(CKB) pC 5 /760 _ _ : N 126 East King Stree aP .yea a� FL". ° Lancaster, PA 1760 , , - 4 4. jQ Q Internal Revenue Service J4/ Jh To: , Wm. S.Moorhead Federal B i�dn - ° O EAdvisory _ CI 1000 Liberty Avenue,Room 704 -a Pittsburgh,PA 15222 - n°'i rn N — ON O 1 I PS Form 3817,April 2007 PSN 7530-02-000-9065 �UNITED STATES POSTAL SERVICE i Certificate Of Mailing °a This Certificate of Mailing provides evidenceihet malt has been pre sen Tri: 1 eler aping. n m 6 0° H F Barley Snyder(CKB) O 8 Ili 126 East King Street ovr- ev ' Lancaster, PA 17602 w b T Borough of Mechanicsburg N b"1 D �z z r� 1-, c/o David J. Spotts,Esquire - — o� a --w• 36 West Allen Street — .- c°�`nvDv 00 1 I • °-i00 Mechanicsburg,PA 17055 — ��ih �7CO73 D z rrn PS Form 3817,April 2007 PSN 7530-02-000-9065 I Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY sAY at CPI r, fi`'e OFFICE OF 'FRE SHERIFF "'LED -OF F10E OF THE PROTHONOTARY 2ORMAY I AM 10 53 CUMBERLAND COUNTY PENNSYLVANIA Pennsylvania State Employees Credit Union Case Number Peter R. Miller 2012-1828 SHERIFF'S RETURN OF SERVICE 01/06/2014 08:23 PM - Deputy Dawn Kell, 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 122 South Chestnut Street, Mechanicsburg - Borough, Mechanicsburg, PA 17055, Cumberland County. 01/06/2014 08:23 PM - Deputy Dawn Kell, 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: Peter R. Miller at 122 S. Chestnut Street, Rear, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. 03/12/2014 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 March 12, 2014 at 10:00 a.m. He sold the same for the sum of $ 46,000.00 to Attorney Peter Oswald, being the buyer in this execution, paid to the Sheriff the sum of $ 04/11/2014 Proposed Schedule Of Distribution Posted, all parties notified. SHERIFF COST: $1,910.96 April 24, 2014 ;c) CountySuite Sheriff.'T'eleosoft, Inc. SO ANSWERS, RONYR ANDERSON, SHERIFF WOO pd. Q . carpat 1/452) C)/5 - Ay Sas" 4-VS— LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2012-1828 Civil Term Pennsylvania State Employees Credit Union vs. Peter R. Miller Atty.: Shawn M. Long ALL THAT CERTAIN lot of ground situate in the Second Ward of the Borough of Mechanicsburg, County of Cumberland, and the Common- wealth of Pennsylvania, (being the rear or Western portion of a lot of ground fronting on the West side of South Chestnut Street), bounded and described as follows, to wit: BEGINNING at a stake on line of lot now or formerly of Ira Reynolds; thence along line of lot said Ira Reyn- olds Westwardly fifty-eight (58) feet to an alley; thence Southward along said alley twenty-nine (29) feet to comer of Land now or formerly ofJ.1. Young; thence Eastward along line of lot of said J. 1. Young fifty-eight (58) feet to a stake; thence Northward along line of lot now or formerly of William H. Baker twenty-nine (29) feet to a stake on line of lot oflra Reynolds, the place of BEGINNING. BEING known and numbered as No. 122 South Chestnut Street. BEING THE SAME PREMISES which Robert W. Snyder and Mary Kathleen Snyder, husband and wife by deed dated August 30, 2006 and recorded August 31, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania in Record Book 276, Page 2125, granted and conveyed unto Peter R. Miller, single man, his heirs and assigns. UNDER AND SUBJECT TO con- ditions and restrictions which now appear of record. PARCEL # 17-23-0565-257 A. SEIZED IN EXECUTION as the property of Peter R. Miller on Judg- ment No. 2012-1828 Civil Term. 65 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: January 24, January 31, and February 7, 2014 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. isa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 7 day of February, 2014 0?).diet4d1) Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 ho Patriot -News Co. i 2020 Technology Pkwy • Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 theatriotXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller 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. UBLICATION-rn 12-1828 Civil Term ennsy!wania State p 1a0 E loyees Credit Unio0 Vs a Q Peter R. Miller Atty: Shawn M. Long ALL THAT CERTAIN lot of ground! situate in the Second Ward of the! Borough of Mechanicsburg, County of Cumberland, and the Commonwealth of Pennsylvania, (being the rear or Western portion of a lot of ground fronting on the West side of South Chestnut Street), bounded and described as follows, to wit: BEGINNING at a stake on line of lot now or formerly of Ira Reynolds; thence along line of lot said Ira Reynolds Westwardly fifty-eight (58) feet to an alley &uthward along said alley twenty-nine (29) feet to comer of Land now or formerly This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 Sw subscribed before thi 18 day of Febrt1ary, 2014 A.D. L ublic COMMONWEALTH OF PENNSYLVANIA (Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission fE fres Da. 12, 2016 MEMBER, PENNSYLVANIA stIClAifov NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Peter C Oswald is the grantee the same having been sold to said grantee on the 12th day of March A.D., 2014, under and by virtue of a writ Execution issued on the 18th day of October, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 20X Number 1828, at the suit of Pa State Emp Credt Union against Peter R Miller is duly recorded as Instrument Number 201408810. IN TESTIMONY WHEREOF, I have hereunto set my hand Sf and seal of said office this day of may , A.D. a C) I Ka. W,u)( toCP 7 Recorder of Deeds Recorder of Deeds1.0 E11and CoUfl , Carlisle PQ My Commission Expires the First Monday of Jan. 2018 On November 19, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Mechanicsburg, Cumberland County, PA, Known and numbered as, 122 South Chestnut Street, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: November 19, 2013 By: e_ a_L Real Estate Coordinator ZI:Of a IZ130ELOl rd'kINf103 Q lVi't le riO .ddI2.3HS ]HJ. iO 33I:kO