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HomeMy WebLinkAbout12-5339 _ T ~ i IN THE COURT OF COMMON PLEAS OF ~ 6-, ~'~2 Q M O TA CUMBERLAND COUNTY, PENNSYLVANIA L ~ ~ ~ ~ ~ ~~31l: 4~ FARMERS AND MERCHANTS TRUST CIVIL DIVISION Ct1~~~R~A ~ COUNTY COMPANY OF CHAMBERSBURG, ~ ~ l~ ~ P~~11~5 Y ~AN~A NO.. ~a-s33~ Plaintiff, vs. TYPE OF PLEADING MARK A. WADEL and MICHELLE D. WADEL, CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE Defendants. FILED ON BEHALF OF: Farmers and Merchants Trust Company of Chambersburg, Plaintiff TO: DEFENDANT(s) COUNSEL OF RECORD FOR THIS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE PARTY: ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVI E HEREOF OR A DEFAULT JUDGMENT Scott A. Dietterlck, Esquire MAY BE D AG U. Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS of THE PLAINTIFF ls: JAMES, SMITH, DIETTERICK & P.O. Box 6010 CONNELLY LLP Chambecsburg, PA 17201 AND THE DEFENDANT(S): P.O. BOX GSO 112 Pin oak Lane Hershey, PA 17033 Shippensburg, PA 7257 ATTORNEY FOR P (717) 533-3280 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 112 Pin Oak Lane, Shippensburg, PA 17257 ATTO a~ ~1a3. S~ a~j ~ ~ ysy a R IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIIZTY (30) DAYS OF RECEIl'T OF THIS PLEADING, COUNSE FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THI SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT A ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. _ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: vs. MARK A. WADEL and MICHELLE D. WADEL, Defendants. NOTICE TO DEFEND You have been, sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, y 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 maybe entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFOMRATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NOTICE TO D>aFEND & LAWYER REFERRAL SERVICE Cu~rlberland County Bar Association 32 5. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: vs. MARK A. WADEL and MICHELLE D. WADEL, Defendants. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Court por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se e advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demanda o cualqui otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por 1 Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. S USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA LA SIGUEINTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 r s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: vs. MARK A. WADEL and MICHELLE D. WADEL, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Farmers and Merchants Trust Company of Chambersburg, by its attorneys, James, Smith, Dietterick & Connelly LLP, and files this Complaint in Martgage Foreclosure as follows: 1. The Plaintiff is Farmers and Merchants Trust Company of Chambersburg, whic has its principal place of business at P.O. Box 6010, Chambersburg, Pennsylvania 17201. 2. The Defendants, Mark A. Wadel and Michelle D. Wadel, are adult individuals whose last known address is 112 Pin Oak Lane, Shippensburg, Pennsylvania 17257. 3. On or about July 9, 2009, Defendants executed a Note in favor of Plaintiff in the original principal amount of $48,950.00. A true and correct copy of said Note is marked Exhib t "A", attached hereto and made a part hereof. 4. On or about July 9, 2009, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amo t of $48,950.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on July 15, 2009, as Instrument Numb i 200924665. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendants are the record and real owners of the aforesaid mortgaged premises. 6. Defendants are in default under the terms of the aforesaid Mortgage and Note fo , inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or about July 3, 2012, Defendants were mailed a Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq. A true and correct copy of said Notice is marked Exhibit "C", attached hereto and made a part hereof. 8. The amount due and owing Plaintiffby Defendants is as follows: Principal $ 45,203.15 Interest through 8-2-2012 $ 815.91 Late Charges $ 238.37 Act Notice Fee $ 50.00 Attorney's Fees $ 1,300.00 Title Costs $ 410.00 TOTAL $ 48,017.43 plus interest on the principal sum ($45,203.15) from August 2, 2012, at the rate of $9.26 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. _ _ WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount du of $48,017.43, with interest thereon at the rate of $9.26 per diem from August 2, 2012 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of th mortgaged premises. JAMES, S IETTE CK & CONNELLY LLP ~ z~ L~ Dated: BY: Sco A. Dietterick, Esquire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D. # 89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINE WILL BE USED FOR THAT PURPOSE. _ _ _ _ _ r EXHIBIT "A" _ _ _ _ _ f CONSUMER REAL ESTATE SECURED NOTE Farmers asd Mtxcbaob Trost Company of Cbambersbnrg 20 3oatb Mafia Street ~ ' ' Cbambersbnrs, P,msyly„3a f 72or (ES~264-6116 IRAN NUMBER MA'CUkITl` Dk `'P'[t7~ilj }'Y`Ri~1~tSA~"~' ~lY~"T,$'1:TiA7'B .,_r~, C-09-06.000915 July 20, 2024 548,950.00 Jn[y 9, 2009 ` 7.500°!. LOAN PURPOSE: Refinance /Debt consolidation 4 BORROWER INFORMATION MarkA Wadel MicheBeD Wade) i 12 Pin Oak Ln 112 Pfn Oak l,a Sbippeosbarg,PA 17237 Sbippeaabnrg PA 17257: NOTE. This Consumer Real Estate Secured Note wil] be refernd m in this document as the "Note" or as the "Agreement." LENDER. "Lender," "you," or 'your" mesas Farmers and Merehaots Trost Company of Chartbersbnrg, its suctxssors and':assigtls, whose address is ZO Sonth Main Street, Cbambersbnrg, Pennsylvania 17201. BORROWER. "Borrower," "I' "roc," "my," or °mine" means each person who signs this Note, ; PROMISE TO PAY. I promise m pay, accocdistg m the terms bebw, en w before the Manahy Date, the principal amowt of Forty-tight Thousand Nine Hundred Filly sad 00/300 Dolton (548,950,00) and aU interest and any other charges, including service charges, m the order of Lender at its office at the address need above or at such outer place ss Lender may designate m writing. I will make all payments ender this Note in the form of Dash, check or money order in lawful United States Dollars. I uodetstaad that Lender rosy tsmsfer this Note. The Lender, or anyone who takes this Note by transfer and who is entitled m rea;ive payments under this Note, is carted the "Note Holder." PAYMENT SCHEDULE. This loan will be paid according m the following schedule: 180 consocutive payments of principal artd interest in the amoum of 5454.49 beginning on Anguat 20, 2009 and contimring on the same day of earn month dserafter. The unpaid Prk~ bilarlce of Note, together with alt accrued interest and charges owing in connedian therewith, shall be due and payable on the Maturity Date. Ali payments received by the Lender firm the Borrower for application m the Loan may be applied to the Borrower's obligations under the Loan in such order as determined by the L,ertder. PAYMENTS. My payments are to be made according m the payment schedule shown on this Nok in lawful United States dollars until i have paid all of the principal and interest ~ any other charges that I may owe under this Note. I will make my payments at you address as shown on this Note or at a different place if required by, you You may aaxpt Tate or pmtisl payments ac well as payments melted "payment in full" or with other restrictive endorsemems without losing any of your rights under this Noce and without affecting the nmpeid balance of my loan as reflected on your records. You may apply my paymernt m amounts owing in whatever order you choose unless a specific order is required by law. INTEREST RATE AND SCHEDULED PAYMENT CHANGES. The intatst rate on this Nou:wili be fixed at 7.500% per annum. Nothing contained herein shall be constnrcd as m require the Borrower m pay interest at a gregtu~ rate than the maximtun albwed by law. Interest on this Note is calculated on a 3b5/365 day basis (366/366 in s leap year). The unpaid balance of this loan after Maturity, whether by ~celeratian or otherwise, shall be subject m aPost-Maturity Rate of interest equal m the same fixed or variabk rate basis io effect before maturity. INTEREST RATE AND EARLY PAYMENT REBATES. Interest will be assessed on the outstanding balance of my loan from time m time. Interest will begin to accrue on July 14, 2009, [f my payments, as described in the seaioa Payment Schedule, are such that my regular paymart will cause the Amarrrt Financed m be reduced during the tam on my loan, then if I make payments early, there will be a decrease in Ute interest`charged for trry loan and if I make payments later than the due date, there will be an increase in the arnotmi of intas,4t that I wilt pay. To the extent required by taw, unearned interest and/or other fmance charges will be refunded if I pay my loan off early. If the interest rate assessable mtder the terms of this Note, or any other fee or charge caikd for' exceeds pamittod limits, a5 interpreted by applicable taw, then such rate, fee, or charge will be reduced m ttte perntiGed limit. As sekded by You, any exassivo- amount already paid by me will be credited to ray loan or refimded m me. The effect of this is iatertded to be construed as equivalent m fire excessive sou, fee, m charge not having been paid or payable at ail. SECURTf1' TO NOTE. Security {the "Collateral") for this Note is granud pursuant m the following senuity document(s): Mortgage in the amount of 548,950.00, dated Jnly 9, 2009 evidencing a lien oq the property located 8< 112 Pin Oak Ln Shippenabarg PA 17257. The seal property that is the subjett of the Security Instrument shall be tailed "Property" is this Note, The Security Instrument protects you from possible losses which might resuk if 1 do not keep my promises ands this Note, and describes how. and nrtdtr what conditions I may be required to make immediate payment in full of ail amounts I owe under this Note. 1 have given no other Collateral for my tram. Except for your security interest m lien, the Collateral is owned free and clear from any sceurity interest, lien, or other adverse claim other than as now disclosed m you. I will sot allow arty other sxieity interest, lice, or adverse claim to attach to the Collaunl. I agrce that I will fully cooperate with you in placing and maimaining You seenrity interest or lien in the Collaeral. I authorise you m file a conforming Financing Statement err other similar document m perfect your security intereu in Ute Collateal. 1 agree that I wilt extcttu any docianetus necessary for you to perfaa your security interest or [lay and grsrtt you a power of attorney m file or execuu any document on my behalf that is necessary to obtain or maintain your security interest is the Collateral. I wilt not sell or otherwise transfer ownership of tlK Collateral. I will not use the Collateral for any unlawful purpose. I will keep the Collateral in good repair. I promise to pay any taxes or assessments on the Collateral as they cotne due. If I fail m pay them, yon tray pay them at yotu optioo m protect your interest and I agree to pay you for your expemse. If I fail m pay yon, and if permitted by law, you may add the protective°advance m the balarlce owing under this Note. LATE PAYMENT CHARGE. If any required payment is more than f5 days late, then at Lenders option, Linda will assess a late payment charge of 51.00 or 5% of the amount of she regularly scheduled payment then past due, whiduver is greater. o zOw-ioo7 Cq,niaM Caiwlirwcarttmns. up. arss.Da9x. aro'r.o6.ln b'11w.~ma ~°°1Q~F.,me sa„ata.'rxwu P.a~ld2 ~ aorr9et-asu-ra 616.9361t6a I~~~ I~~I nogg }Fpas~ - ;aniy read 949ET9ZLT6T 81rd 5£ rTT pHS ZTOZ/ZO/80 STD/900® _ _ _ _ r PREPAYMENT PENALTY. This Note may be prepaid. lit fuU or in part, at any time, without prnalty. ASSUMPTION. Someone buying my dwelling will not be allowed to assume the remaindu of my loan on the original terms. HAZARD OR PROPERTY INSURANCE:I will insure the Proputy through a company of my choice subject to your reasonable approval, as set forth ro the Security Instrument ; , MATURITY DATE. The urtpaid balance owed ands this Note is due and payable on July 20, 2024 ("Maturity Date") regardless of any other provision of this Nou a other related document. RETURNED CHECK FEE. Checks or drafts in payment of amounu owing hereunder which are returned to Lendu unpaid are subject to a returned check fee equal to: (a) the actual amount Lender is charged by the institution rduroing the check, draft, err ordu; or (b) 530.00; whichcva is gears. The amount of the reamed check fce will not exceed the tneteimtun amount allowed by 18 PA C.S.A. § 4105, or othu applicable law,'as mrtended from time to time. At Lender's discretion, and after any notice required by applicable law, Lendu may add such fee to the balartce owing under this Notc. DEFAULT. I will be in default and you may,. to the extent pumitted by law, declare dte entire unpaid balance of this loan immediately due and payable if: (s) I do not keep any promise or perform any obligation under this Note or any orbs contract or Note that I may have with you; or (b) I give you false or misleading information in ordu to obtain, or while [owe on this loan; or (c) I should die or become involved in any bankruptcy, receivership, insolvency, or custodial proceedings brought by or against me; or (d) I should have a judgment or tax lien filed against me or any attachmrnt a garnishment should fie issued against any of my property or rights, specifically including anyone starting an action or proceeding to Seim any funds that I may Gave on deposit with you; srdlor (e) you, in good faith, reasonably believe my ability to repay the indebtedness owed under this town is or soon wiU be impaired, time being of the very essence. If permitted Irv law, I waive any otherwise required notice of: presentment demand; acceleration; and, intern ro accelerate. If [ am in defaul; W the extent permitted by law, without any prior notice or demand, unless required by law, i will Gave to pay the entire unpaid balance of this loan and you may invoke any other remedies permitted by applicable law. To the octant permitted by law, I agree to pay all reasonable agent or attorney fees incurred by you in collecting the debt evidenced by this Note. You may sell of di~rose of the Property, in any manner permitted by law. After appropriate application of the proceeds of any sale, I will be liable to pay atry resulting deficirncy on my loan to you, to the extent permitted by law. LIABILITY OF PARTIES; JOINT AND.SEVERAL LIABII,TI'Y. Every person signing this Note as a Barrows understands and agrees that they arejointiy and individually obligated to pay all amounts owed according to the tams and conditions of this Note. NOTICE OF DEFAULT. If I am in default, the Lends may send me a written notice, crntsistent wilt applicable law, if any, telling me that if I do not pay the overdue amount by a certain date, the Lendu may require me to pay immediately the then unpaid balance in full. SET OFF. To the extent permitted by law, I give you the right to setoff any of my money or property which may be in your possession against any amount owing undo this Note. This right of sctoffdoes not attend to any IRA, Keogh accounts or similar tax defered deposit accounts that I may have with you. OTHER PROMISES. Ref'aatcc is nude to'any related mortgage, oust decd, severity deed, assignment, security agcemrnt pledge or similar document for othu promises which I make to you and for terns and conditions governing my loan, which promises, terms and conditions are made a part of this Note as if set forth herein. FORBEARANCE. You do not lose your rights under this Note if you delay enforcing them. No failure or delay on the part of Lender, and no course of dealing betwan Borrower and Lender, shall operate as a waiver of such power or right, nor shall any single or parial exercise of any power or right preclude othu or furthu exercise thereof or the exaeise of any orbs power or right GIVING OF NOTICES. Notices} must be given to rtte by delivering it or by mailing it by Fast class mail to me at the Property Address above or at a different address if I give the Lender a notice of my different address, unless applicable law requires a different method. Notice(s) that must be given to the Lendu wUl be given by mailing it by first class mail to the Lender at the address refersed to above or at a different address if I am given a notice of that different address by the Lendu. ASSIGNABILITY. You may assign any of your rights under this Note without my cottsatt i may not assign my obligations. SEVERABILITY. !f any provision of this Note is determined to be unenforceable or invalid by a court of competent jurisdiction, all other provisions shall remain in full force and effect HEADINGS. The headings preceding text in this Note are for my general convenience in identifying subject mattes, but have no limiting impact on the tact which follows any of the particular heading. GOVERNING' LAW. I undustand and ogee that this Nate will be govuned by the laws of the State of Pennsylvania except to the extent the[ federal law controls. ATTORNEYS' FEES AND OTHER COSTS. If legal proceedings are instituted to enforce the tams of this Agreemrnt, Borrowu agar to pay all costs of the Lendu in connection thacwith, imclud'wg reasonable attorneys' fees, to the extent permitted by law. ORAL AGREEMENTS DISCI,ADNER This Nou «presrnts the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. Thue are na unwritten oral agreements between the patties. By~ig,/niag this Note, each Borrower acknowledges reading, uadershndiog and agreeing to alt its provisions. -,ll~.~lr~.~ 7 9 '(`t~t~h,1 ~ 1150,x.0 ~ '~~9 X09 Mark A Wadel -Date Michelle D Wadel Date oaxw-sort eerr~ceodn.ees>.a~cro< arssoan -mor.m.rn _ Coeeu.aaal F~ Searod tea -DI3a24 ripe Z ofp a'q.%i.iSSr -p r66 ISN k Si0/L00~ noog ~zporO - ;onzy Ned 949£T9ZLTLT %Yd 9ErTT OHS ZTOZ/ZO/80 I EXHIBIT "B" THIS INSTRUMENT PREPARED BX: Farmers and Merchants Trust Company of Chambersburg . Authorrced Signer 20 South Main Street Chambersbnrg, PA 17201 TELEPHONE NUMBER: (888)264-6116 7 AFTER RECORDING RETURN T0: Farmere and Merchants Trust Company 20 S. Main Street Chsmbsrsbnrg, PA 17201 TELEPHONE NUMBER (888)264.6] 16 PARCEL ID NUMBBR: 36-35-Z385A14 (Space Above This Line Far Receding Dah) LOAN NUMBER: C-09-06-000915 MORTGAGE THIS MORTGAGE ("Security Instrument') is made on Jaly 9, 2009. The mortgagor is Mark A Warfel and MicbeOe D Wadei, whose address is 112 Pin Osk Ln, Shippsnsbnrg, Pennsylvania 17257 ("Borrower"). Borrower is not necessarily the same as the Person or Persons who sign the Note. The obligations of Borrowers who did not sign the Note are explained farther in dle section titled Saoeenors pad Assigaa Bonnd; Joint and Several Liability; Accommodation S~ners. This Sectsiry Irrstrsrment is given to Farmers sad Merchanb Trust Campany of Chambersbarg, which is organized and erdating under the laws of the State of Pennsylvania and whose address is 20 Soutli Maio Street, Chambersbarg, Permsylvania 17301 ("Lender'. Mark A Warfel and MkJ?elk D Warfel owe Lender the principal nun of Forty-eight Thouaaad Nine Hundred Fdty sad 00/100 Dollars (U.S. 548,950.00), which is evidenced by the Hate, consumer kiaa agreeanam, or similar writing dated the same date as this Security Instrument (the 'Note"), which provides for monthly payments ("Periodic Paymems'~, with the full debt, if not paid earlier, due and payable on July 20! 2024. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with and aU renewals, extatsions and modifications of the Nate; (b) the payment of all other nmrs, with interest, advanced to protect the security of this Security Insaumentunder the provisions ofthe section titled protection o[Lender's Rights in the Property; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt, does heroby mortgage, grant and convey to Lender the following descnbed property located in the County of Cumberhted, State of Pennsylvania: Address: 112 Pin Oak Ln, Shippensburg, Pennsylvania 17257 . Legal Description: See Exhibit A Parcel IDlSidweil Number. 36-35_2385-014 TOGETHER WITH all the improvements now or hereafter erected on the property, artd all easements, appurtenances, and fLxmres now or hereafter a part of the property. All replacements and additions shall also be covered by this Security InsWmem. All of the foregoing is referred to ut this Security Instrument as the "~P~Y•° BORROWER COVENANTS that Borrower is lawftrlly seised of tree estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Properly is unencumbeied, except for enwatbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of rceord. Borrower and Lender covenant and agree as follows: Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by deg Note and any prepayment and late charges dne under the Note. Applicable Lsw. As used in this Security Instrumern, the term "Applicable Law" shall mesa all contralliag applicable federal, state and local statutes, regulations, ordinances and administrative Hiles and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinionv.: Funds for Tazes and Insurance. At Lender's rogttest and nrbjed to Applicable Law, Borrower shall pay to Lender on the day periodic payments are due under the Note, until the Noss is paid in full, a sum ("Funds' for. (a) yearly taxes and assesnneots which may attain priority over this Security Instrrmetart as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or properly insurance premiums; (d) Yearly flood insurance ptemiumg, if any; (a) yearly mortgage iffimaoace premiums, if any; and (t) any sums payable by Borrower to Lender, in accordance with the provisions of the paragraph titled Mortgage Insurance, in lieu of the payment of mortgage insurance praniums. These items are called "Escrow Items." Lends may, at any time, tolled and hold Funds in an amount Hat to exceed the maximum amount a lender for a federally related mortgage loan may require frn Borrowers escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from thrre to time, 12 U.S.C. Section 2601 et seq. ("RESPA'~, omawo~cepynan,canAi.~oesyamcrM.z~i.acss.zam.otsw w~.~.~w~nes,,cam Conpi"~c RW enm•Sw"ut lnunnne"tIN,20M Apid6 &Ia96ttS12•Fa 6169561166 17 ~ Hoax 4TPos~ - gamy sea 949£T9ZLTLT rtrtd BErTT nHS ZTOZ/ZO/80 STO/800® _ _ _ unless anotber Applicable Law that applies to the Funds sets a Lesser amours. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable esterrates of expendinurs of future Escrow Items or otherwise in accordance with Applicable Law. 1be Funds sball be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (iocludit~ Lender, if Lender is such an institution) or in any Federal Herne Loan Bank. Lender shall apply the Funds tb pay dre Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow accoum, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. However, Lender may rtquirc Borrower to pay a one- time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless Applicable Law provides otherwise. Unless an agreement is made or Applicable Law requees interest to be paid, Lender shall not be required to pay Borrower any imerest err emnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Foods, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. 'Ibe Funds are pledged as additional satuity for all sums secturod by this Security Instrument. If the Funds held by Lender exceed the amoustts permitted to be held by Applicable Law, Lender snail account to Borrower for dte excess Platds in acwrdance wilt the requirements of Applicable Law. if the amount of dte Funds held lry Lender at any time is not sufficient to pay the Escrow Items whin due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more then twelve monthly payments, at Lender's sole discretion. Upon payment in full of all stuns secured by this Security Instrimtem, Lender shall promptly refund to Borrower any Funds held by Lander. If, under the section titled Aceekfatloa; Remedies, Leader shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by the Security instrument. AppliCatioa of Paymeotc. Unless Applicable Law provides otherwise, all payments received by Lender shall be applied: first, to any prepayment'charges due under the Note; second, to'amounts payable under the section titled Funds for Taxes and Insurance; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. Charges; Lena. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shaA pay these obligations in the manner provided m section titled Faads: far Taxes and Insurance, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment At tbe request of Larder, Borrower shall promptly finish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over thti Stcurity Instrument unless Borrower: {a) agrees in writing to the payment of the obligation secured by the lien m a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement sat factory to Lender subordinating the lien to ffiis Security Instrument. If Leader determines that any part of the Property is subject to a [lea which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrows shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. Hazard or Property Insurance. Borrower shall keep the improvemems 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 floods or flooding, for which Lender requires insurance. 'Ibis insurance shall be maintained in the amounts and for the periods that Lender requires. 'lire insurance carrier providing the instuaoce shalt be chosen by Borrower subject to Leader's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described about, Lender may, at Leader's option, obtain coverage to protect Larder's rights in the Property in accordance with section titled Protection of Lender's Rights u the Property. All insurance policies and renewals shall be acceptable to Lender and shall 'include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender ail receipts of paid praniums and renewal notices, In the event of loss, Borrower shall give prompt notice to the insurance carrier and I,ender. Lender may make proof of low if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened, If the restoration or repa¢ is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrtmrent, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within the numbs of days prescribed by Applicable Law as set forth in a notice from Lender to Borrower that the insurance carrier has offered to settle a claim, then Lender may colleu dre insurance proceeds. Lender may use the proceeds to repair or ce.~a~F,me sw~if ~im~o ~a i~aese.mm.m.~a ...~.~p;,eaynm,aoem h Pye 2 N6 aroasrasn -Fa 616ASb~lea STO/600 snag q~pai~ _ ;anzy ri9d g69ET9ZLTLT XBd 6E~TT aHS ZTOZ/ZO/80 _ _ restore the Property or to pay sums secured by this Security Irtstrttment, whether or not then due. The period of time for Borrower to answer as set forth in the Halite will begin when the notice is given. Unless Lender and Borrower otherwise agrce in writing, any application of proceeds to principal shall not extend or postpone the due date of the payments referred to in the sections titled Payu?ent of Principal and Interest; Late Charges and Fonda for Taxes sod insurance or change the amount of t1Se paymatts. If under the sation titled Acceleration; Remedies, the Property is acquired by Leader, Borrower's right to a~+ insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured. by this Security Instrument immediately prior to the acquisition. ' Preservation, iVlsioteaance and Protection of the Properly; Borrower's Y;osa Application; Leaaeholda. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, en commit waste on the;Propaty. Beurower shall be is default if any forfeittae'actiar or }nocaeding, wt~iaa civil or erimmioai; is begnii that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security ImII'umetit or Lender's security interest. Borrower may cure such a default and reidstate, as provided is section titled Borrower's Right to Reinstate, by causing the action or proceeding to be disinissed wi9t a ruling that, in Lender's good Faith deterinination, preratrdw forfeiture of the Borrower's interest in the] Property or other material impairment of the lien created by this Security, Instrument or Lender`s security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaFcurate information or statements to Lender (en failed to provkle Lender with any material infomsadon) in wtinec6on with the loan evidenced by the ]dote. If this Security Irtstrvment is ~ a leasehold, Borrower shall cot}rply 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. Pr~teetion of Lender's Rights in the Property. If Borrower fails to perform the covenants and agree~alents contained in this Security Instrument, or there is a legal proceeding that may significamZ;y affect Calder's rights in the Property (such az a proceeding m banlvuptcy, probate, for condemnation or forfeiture or to.enforce taws or regulations), then Lender may do and pay fm whatever is nth to protect the valor of the Properly and Lenders tights in the Property. Lender's actions may include paying eery sums securr~ by a lien which has priority ovgr this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this section, Lender does not have to do so. Arty amounts disbursed by Lender under this section shat] become additional debt of Borrower secured by this Securty Instrument. Unless Borrower and Lender agree to other terms of payment, these amoutrts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting Payment Mortgage ]asuraoce. tf Lender required mortgage insurance as a condition of making the loan secured by this Secur~i y Instntmeat, Borrower shall pay the premiums required to ma~tain the mortgage iostvance in effect If, for any reascon, the mortgage insttratrce coverage required by Linder lapses or ceases to be in effect, Borrower shat] pay the premhims required to obtain coverage substantially equivalent m the mortgage irtstaance previously in effect, at a cost substantially equivalertt to the cost to Borrower of the mortgage insurance previously in effect, from an alteroate mortgage insurer approved by Lender. if sntially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to ~e-twetRh of the y~ty mortgage insurance premhun being paid by Borrower when the insurance coverage lapsed or ceaud to be in effect I:atatder will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Leader, if mortgage insurance coverage (in the amount and for the period that Lcrtder requires) provided by ao insrmer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requiremeirt for mortgage insurance ends in accordance with arty written agreement between Harrower and Lender or Applicable Law. Inspection. Larder or its agent may make reasonable entries upon and 'inspections of the Property, Leader shall give Borrower notice at the time of or prior to as inspection specifying reasonable cause far the hnspection. Condemnation. The proceeds of arty award or claim for damages, direct or txmsequential, in cormection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lards. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by chit Security Instnunent, whether or not then due, with any excess paid to Btxrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to en greater than the amount of the sums secured by this Security Instrranent shall be reduced by the amou>x of the proceeds multiplied by the following fiaction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid w Borrower. >n the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is Tess than the amount of the sums sec~ired immediately before the taking, unless oma-mm cwraa~ ~q~s~ema r~ nei.acsa - iom.ms~o w+.mwpFme,~p.,,con CaswnvAed Emr-Sewiry Wws~taume Psje7d6 ~ ~ IOP%S2rit-PYC615+9SLIW STO/OTO® Hoag gFpazp - gauzy Nod 949ET9ZLTLT SYd 04%TT ttHS ZTOZ/ZO/80 l II Borrower and Lender otherwise agree in writing or unless Applicable Law otberwise provides,'the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. ]f the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower faiLv to respond to Lender within the minimum number of days established by Applicable Lbw after the date the notice is given, Lender is authorized to wllect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instnument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds W principal shall mot extend or postpone the due date of the ,payments Payment of Principal and latereat; Late Charges and Funds for Taxes and Iasarance or change the amount of such payments. . Borrower Not Released; Forbearance 13y Lender Not a Wsiver. Extemsion of the time for payment or modification of amortization of the sums secured by this Security Instrtunem granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lends shall rat be required. to comrpence proceed'wgs agaiatst arty successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums seam by this Security Instrumem by mason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lendei in exercising any right a t+emedy shall rot be a waiver of or preclude the exercise of any right or remedy. snceessors and Assigns Boand; Joint send Several Liab7ity; Aetwmmodatioa Signers. The covenants and agreements of this Security Instnunent shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of section titled Transfer of the Property or a 1Bateticial tatereat is Borrower. Borrower's covenants and agreements shall be joist and several. Any person whe co-signs this Security Instnanent but does not execute the Note ("Accommodation Signer"): (a) is co-sigrt~g this Security Instrument only to mortgage, grant and convey that Accommodation Signet's interest in the Property under dte terms of the Security Instrument; (b) is not personalty obligated to pay the sums scatted by this Security Instrumett; and (c) agrees that Lender and any other Borrows may agree to extend, modify, forbear or make any accommodations with regard to the berms of this Security Instrument or the Note without that Accommodation Signer's consent. LAaa Charges. If the loan secured by this Security Instrument 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 ]units, then: (a) arty such loan charge shall be reduced by the amount necessary to:reduce the charge to the permitted limits and (b) any sums already collected from Borrower which exceeded permitted limits w71 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 trtiated as a partial prepayment without any prepayment charge under the Note. Notices. Any notice to Borrowei provided for in this Security Instnmrent shall be given by delivering it or by mailing @ by fast class mail unless Applicable Law requires use of anodta method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. Governing L.aw; Sevenbility. This Security Instrument shall be governed by federal law and the laws of the state of Pennsylvania. In the avast that any provision or clause of this Security Insttrment or the Note wnfGcts with AppGatble Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument Transfer of the Property or a Beneficial Interest fo Borrower. If all or any part of the Property or any interest in it is sold or transfemd (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) unless the Note shows drat Borrower's loan is assumable, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if oxercise is.prohibigd.by federal law as of the date of tbis Security Instrument. if the Note shows that Borrower's loan is assumable, Borrower must obtain Lender's written permission for an assumption and follow any other requirements of Lender related to an assumption. If Borrower does not do so, Lender may require immediate payment in full of all sums secured by this Security lnstrtmrem. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than the minimum number of days established by Applicable Law from the date the notice is delivered or mailed 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 withom further notice or demand on Borrower. o xoa-root cy~,idu ca.~„o~syr~ r.~ iv~~-0aa. rarr.m.xm ,„,,,.,~;,,,_o,,, CorumaRd apW-Swiryl"mumat Dl.r036 ~ Pgelor6 500.%Lir2r-Fu6f6A56-IaA I~ I~~,~ 510/TTO~ nag }Tpa=~ - gauzy A9d 969£T9ZLTLi xtld Z4:TT ?HS ZTOZ/ZO/60 _ _ _ ill Borrower's Right to Reinstate. If Borrower mcets certain editions, Borrower shall have the right to have enforcement of this Security Insttumetrt discontinued at eery time prior to the eatlkr of (a) 5 days (or such other period as Applicable Law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument, or (b} entry of a judgment enforcing this Sectuity Instnmrent. Thou conditions arc drat Borrower: (a) pays Lender alt sums which then would be due under this Scaaity Instrument and the Note as if no acceleration had occurred; ro) cures any defauk of any otficr covenants or agreements, (c} pays all expenses incurred m enforcing this Security instrument, including, but aaL limited to, reaaonabk attorneys' fees to the extent permitted by law; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrumat~ Lender's rights m the Property and Borrower's oltligation to pay the sums secued by this Security Instrmnent shall coraiuue unchanged. Upon reinstatartem by Borrower, this Security Instrument and the obligations secured hereby shaIl remain fidly effective as if no acceleration had occurred. HoweveK, this right to reinstate shall not apply in the case of acceleration under the section titled Traaster of the Property or a Beneficial Interest in Borrower. Ssk of Note Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Insiumetu) maybe sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (Irnown as the "Loan Servicer'~ that wllects periodic payments due under the Note and this Security Instrument. There also may be erne or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Service', Borrower will be given written notice of the change in accordance with the section titled Notices and Applicable Law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. T'he notice will also contain any other information required by Applicable Law. Hazardous Substances. Borrower shall not cause or permit the presence, u~, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is is violation of any Environmental Law. The preceding two'. sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that tae generally recognized to be appropriate to normal residential uses and to maiotmance of the Property. Borrower shall promptly give Lender written notice of amp investigation, claret, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or F.nviromnerttal Law of which Borrower has actual knowledge. If Barrowei learns, or is notified by any govermnental or regulatory authority, that any removal or other rtanediation of eery Hazardous Substance abating rho Property is necessary, Borrower shall promptly take all necessary remedial actions k accordance with Environmenml Law.. _ _ _ As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Ertvirotunental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum produgs, toxic pesticides and herbicides, voktik solvents, materials co~irtirtg asbestos or formaldehyde, and radioactive materials. As used in this paragraph, "Environmental Law" means federal laws and laws of the state of Pennsylvania that relate to health, safety or environmental protection. Acceleration; Remedies. Lender shall give notice to Borrower prior to aceekration following Borrower's breach of any covenant or agreement in this Security Imsttvment (bnt not prbr to acceleration render the sectroa tkkd Transfer of the Properly or a Beneficial Interest iu Borrower unksa Applicable Law provides otherwise). Leader shall nottf~r Borrower of, among other things: (a) the defauk; (b) the action regoired to cure the defauk; (e) when the defauk must be eared; and (d) that failure to cure the defauk as spetdlled may remit in sccekrat3on o! the same scented by this Secarlty Instrument, torroclosnre by jadkial proceeding and sale of the Property. Lender shad further Inturm Borrower of the right to reinstate, after acceleration and the right to aspen in the fotrocloanre proceeding tltc erne-eiistence of a defauk or soy.other detertse of Borrower to accderadon and foreclosure. It ~e defauk [s not cnrtid as specified, Lender. at its option may require immediate payme~ in full of all sums secreted Dy thffi Security Instrument wkhout farther demand and may foreclose this Security fas6vmeat by jndiciai prroceeding. Lender shall be entitled to collect all expeaaes inenrred'in pnrsuiag the remedies provided k this Section, including, but not [invited to, attorneys' fees and rnsts of title evidence to the extent permkted by Applicable Law. Release. Upon payment of all sums secured by this Security Instrument, this Security Instru,nem and the,estate eonveyed.shall terminate and baome void. After such occarnence, Lendtrshau dischar'geanasagpry thissecuriry Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if die fee is paid to a third party for services rendered and the chargutg of the fee is permitted under Applicable Law. Waives. Borrower, to the extent permitted by Applicable Law, waives and ieleases any error or defects nt proceedings to enforce this Security Instrument, and hereby waives the beaefrt of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. o ~w~*d+~ou~~~: ~•a iv+iacss - oom.orno .,.~..~r,oy.rar.~. corms e.,o erne.-s.m~y imu..r p,mje rs. s.rs toaaRe-esa • rs6tsvss.ua STO/ZTO~ noon gFpasp - }aniy fi4d 949£i9ZLTLT XYd £4~TT ?HS ZTOZ/ZO/80 Oral Agreements Declaimer. This Security Instrument represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. There are no unwritten oral agreeme~ between the parties. Reinstatement Period. Borrower's timc to reinstate provided in Borrower's Right to Reinstate shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument Purchase Money Mortgage. If any of the debt segued by this Security instnrment is lent to Borrower to acquire title to the Property, this Securitylnstrumentshgll be a purchase motley mortgage. Interest Rate Atter Jaifgment $'orrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. t. , . _ BY SIGNING BELOW, Borrowcr accepts aad agrees to the terms and covenants contained in all pages of this Security Instrument and in any Rider executed by Borrower and recorded with it. Mark /i Wadd Dale Mkhdle D Wadel Date W essed by: a~ Date ~Ja INDIVIDUAL ACKAIOWLEDGMENT STATE OF PENNSYLVANIA ) } COUNTY OF CUMBERLAND ) On this the 9th day of Jaly, 2009, before me, Maureen L P[ister, the undersigned officer, personally appeared Mark A Wadel and Michelle D Wadel; (mown to me to be the persons whose names ate subscribed to the within instnttnettt and actmowledgedthat they executed the same for the purposes therein contained..in witness whereof, i hereunto set my hand and my official seal. My wmmission expires: ,rq,~` ~y; Mau LPlhter t~M~MNEAt_I n G~ PENNSYWANIA Notary Pablic Notaaa15ae1 (Official Se M1teuemt L. PAslef NtaryPUtic 9$Patlebu9Twp.. QattbeAand 1Aan16ar. Pbralsvtve^:r •,s:,elat(on of Nogalaa CERTIFICATE OF RESIDENCE I hereby certify that the precise address of Farmers and Merchants Trust Company o[ Chambersburg is 20 South Main Street, Chambersburg, Pennsylvania 17201 ("Lender"). ~-.~baz~.. ~Cc~.t 7 ~4 ~6 By: Barbara A. Hoover Date Its: Cammlmity tMce M:oager omo4mm ~tM ~q~s~. urt.29~i.aCSS -3007.m 210 ~ CamuaaadEmee'SemiNlea~wattt117036 Fag6d6 t0Q96Rt333.Fa 616AS611a1 5T0/£T0~ nag 3~pai~ - }anzy Yl9d 949£T9ZLTLT RYd 56~TT [IHS ZTOZ/ZO/80 _ -T _ _ _ _ _ _ _ _ ~ - Jul 09 2009 S:O1PM KORNERSTONE FAX 7177626218 P.2 DQ!/B/T A ALL the following described parcels of ground, vMlth Improvements erected thereon, lying and being situate in Sh~pensburo (formerly Southampbn Township) Townsh~l, Caungr of Cumberland, and Commonwealth of Pennsylvania, bounded anti desar~ed as foibws: Tt~cr tHO.1: BEGINNING at an iron pin at the Southern side of Pin Oak Lane; thence abng the $outhem side of Pln Oak Lane, North 28 East 90 feet to an iron pin; Thaloe alatg Lot No. 13; Sedion E, South 84 ds~es Eetat 1 SS feet to an iron pin; thence along Lot No. 12, Section E, South 28 degrees West SO feat to an Iron pkl; ttlettoe abng Lot No. 9, Seotbn E, North 64 degrees West 136 feet to an trop ptn at ttte place of BEC31NNiN0; BHNG Lot No. 11, l3action E, in Mountain View Addltbn ~ laid out by John Howarcl McClellan, R.S., dated May 1883, Plan Book 18 22, SUBJECT, HOWEVER, to the restriotfve oov~enants setMrtl~ ~ lengtli in the deed reaotded in the Olrice of the Reootder of Deeds of Cumberland County, Pennsylvania, in Deed Book "R", Vo(ume 24, Page 618. TRAt:'i` NQ 2s BEGINNING at an knn pin at the F-stem edge of pin Oak Lane; thence Nonp t.ot No,11, SscBon E, naw or fotrnerh/ owned by Ned R. Fogebonger and Cheryl M. Fogelaonger, South 84 degrees East 135 feet to an iron pin; thence abng Lot No. 10, Sectlorr E, South 28 degrees West 46 t®et to an ion pkr, thsnee through Lot No. 8, Seadbn E, North 64 degrees West 135 beet t0 an Iron pin at the Eastern edge of Pin Oak Lane; thsnr~ abng Eastern edge of Pin Oak Lane, North 28 degr~ East Ili feat to the iron pin at the piece of BEGINNING; BEING the Northern half of Lnt No. 9, 8ectbn E, in the Rwlwd Mountsln VlewAddltlon, surveyed by John Howard McClellan, C.S,, dated Mey 1~3, Plan Book 18-22. BEING the aeons real estate cronvtiyed to Marts A. Wade) and Michelle D. Wed®I, husband and wlfie, Nbrtgagors herein, by deed of Jeffrey Lynn .Keatir~} and Sarxirs M. fleeting, husband and wife, dated July 22, 2004, and recorded ~ Cumberland County Deed Book volume 284, Page 1815. STO/4T0~ nDe1T g7P~2~ - 3oniS A9d 969£T9ZLTLT XYd 9D~TT [1HS ZTOZ/ZO/BO ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 ~r-L:: Instrument Number -100914665 Recorded On 7/15/1009 At 11:48:56 AM * Total Pages - 8 * Instrument Type -MORTGAGE Invoice Number -48349 User ID - KW * Mortgagor - WADEL, MARK A * Mortgagee -FARMERS & MERCHANTS TRUST CO OF CHAMBERSBURG * Customer -FARMERS & MERCHANTS TRUST CO OF CHAMBERSBURG * FEES STATE taRIT TAX $0.5o Certification Page STATE JCS/ACCESS To $lo.oo JvsTICE DO NOT DETACH RECORDING FEES - $17.50 RECORDER OF DEEDS PARCEL CERTIFICATION $lo. oo This page is now part FsES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $54.50 I Certify this to be recorded in Cumberland County PA ~P RECORDER O D DS " - Iaformation degoted by ao asterisk may cbaage dnring the verificatioq process aqd may qot be re}leeted on Ibis page. OOOP87 ~I STO/STO® noex ;lpai~ - ;eniy ttsd 9D9ET9ZLTLT Xtid L4~TT neS ZTOZ/ZO/90 r_ ~ EXHIBIT "C" ~ _ _ i A1111.f ~tIPl~S~O~e.COID Ti~UST` July 3, 2012 vu cEeTrkTeD MAIL - RETURN aecErnr rsEtluESreD AND FIRST CLASS U.S. MAIL - PGSTAGE PREPAID NOTICE OF INTENTION TO FORECLOSE MORTGAGE Mortgage Company: Farmers 8c Merchants Trust Company of Chambersburg PA Account No.: 906000915 $83,899.08 Note, dated December 1, 2007 Borrowers: Mark A Wadel Michelle D Wadel The MORTGAGE held by Farmers & Merchants Trust Company of Chambershurg PA (hereinafter "the Lender") on your property located at 112 Pie Oak Lane, Shippensbnrg, PA 17257 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $454.49 each for the months of March thru June 2012 plus accrued late charges in the amount of $215.65. The total amount required to cure this default as of the date ofthis letter is $1,68534. You may cure this default within TH1>1;TY f301 DAYS of the date of this letter bypavin¢ to the Lender the above amount of 51685.34 plus any additional amounts which may fall due duri~ this ri .Such payment to Lender must be made either by cash, cashitr's check, certified check or money order, and made payable to F&M Trust, PO Box 6010, Chambersburg PA 17201 ATTN: Tricia Berney. If you do not cure the default with THIRTY (30) DAYS, the Lender intends to exercise its right to accelerate the mortgage pays ents subject to any additional rights you may have under the Homeowners' Emergency Mortgage Assistance Program. This means thaz whatever is owed 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 in default is not made within THIRTY (30) DAYS, then, subject to any additional rights you may have under the Homeowners' Emergency Mortgage Assistance Program, the Lender may also instruct its attorney to start a lawsuit to foreclose vour mortg@ged .~rtv If the mortggge is foreclosed ,roar mort~.ed property will be sold by the Sheriffto ply offthe mortgage dept You will have the right to assert in any foreclosure preceding the non-existence of a default or any other defense that you may have to acceleration or foreclosure. If the Lender refers your case to its attorneys, but you cure the default before they begin legal proceedings, you will still have to pay the reasonable attorneys' fees, actually incurred, up to $50.00, in order to cure the default However, if legal proceedings ate started, in order to cure the default you will have to pay the reasonable attorneys' fees, actually 717-264-6116 888-264-6116 P.O. Bmt 6010 Chambersburg, PA 17201-6010 FINANCIAL:-$OLU.TIONS....FROM.PEOPLE;TQU KNOW, STO/400 nom ;TpaiD _ ;ynsy A9d 969ET9ZLTLT XHd EE~TT nHS ZTOZ/ZO/BO ' incurred, even if they are over $50.00, and you may also be required to pay the Lender's reasonable costs. If you cure the default within the thirty-dav period you will not be required to pav attorn~s' fees. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, yQU still have the ri¢ltt to cure the default and prevem the sale at anv time uo to one hour before the Sheriff s foreclosure sale. You may do so by ~y~ the total amount of overdue payments I~rs anv late or other chorales then due. as well as the reasonable attotnevs' fees and costs connected with the foreclosure salg, and performing any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately 6 months from the date of this notice. A notice of the date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any dme exactly what the required payment will be by calling the Lender at the following number: 717-262-7512. or 888-264-6116 x 7512 ATTN• Tricia Banev This payment must be in cash, cashier's check, certified check or money order and must be made payable to the Lender at the Lender's address stated above. You should realize that a Sheriffs 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. CONTACT THE LENDER TO DETERMINE WHETIIDR OR NOT A BUYER OR TRANSFEREE MAY BE ALLOWED TO ASSUME THE MORTGAGE DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THCRD PARTY ACTING ON YOUR BEHALF. YOU MAY ALSO HAVE ADDITIONAL RIGHTS UNDER THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM. If you cure the default. you will have the risfit to uav offthe loan in monthly installments as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Sincerely, Tricia Baney Credit Recovery Officer ~NLMS ID # -446827 Farmers & Merchants Trust NOTE: The Debt Collector is attempting to collect a debt and any information obtaiaed will be used for that purpose. . STO/S00® noag 3TPei~ - }cnzy pod 949ET9ZLTLT %Prd 6£~TT nHS ZTOZ/ZO/80 08/02/2012 THU 11:32 PAR 17172613646 P6N Truat - Credit Recv ®003/015 ~ ___________~l~._~ i 1d1~eH„1lQYII PeUNWJ .was ~aa sn S00¢ tienuar aaPe ~:a~ sa i ~ ~ i i J ~ L~ZL~ ~l ~ i r i U~° Z ~ ~ t~iJl'Vl ~~tlatf~?,1~ t o <~os Cti9 f L ~ $ ~J 9 ~al~d Ipel J cn ~ DareH ~ e' ~ ~O PF! ~ c ~r S tY, (7~ e:1aH WNakl Y ~ ~ICF Sb~ i~ ~ Pa~~ ~ t a I ~ ~ sfi' S ti I z~ r.-. ~ ~E t ~ 4 1 z ~ ~ :t: u+~ Z ; ) ~F. _ :av~oweavv , 994 5l 2~~QP~M4~F3'4~-, . ' ` ~6 9006 9641 I ~ _ - ' ~jurcpr opp+d , 06/02/2012 2HU 11:30 PAR 17172613646 Fitt Truet - Credit Recv ®002/015 j i ~l~d„IlQNI Po~q~a9 e~in+es Keay sn sooz ti~r'oo~e W- Sd ~ 1 i Ls~L/ ~irx~sZn~l ~~s' a 0 Y~p~~t ~~VY 0 :oiweg w S~~ s ~ wruwao~ ~ ! ~ 'te ~ ~ e € o ~ ~ cF i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: vs. : MARK A. WADEL and MICHELLE D. WADEL, Defendants. VERIFICATION I, William A. Pryor, on behalf of Farmers and Merchants Trust Company of Chambersburg depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true an correct to the best of my information, knowledge ar~d belief. By: Name: William A. Pryor Title: Vice-President. Credit Recovery Managez _ 8$102/2022 THU i1: 3Q rAX 17172813641 Fib !rul~t - Creelit eacv ®002/015 ;K i; P~ i ~ ~ 1 ~ 1. .•a~Ms jai ~ soot ~,er~,~~r ooze w~ sa s a ' - ~ Q :Oj,Su®$ ' ~ ~ ~ »9d~i to ~ L ~~d ~~Q iwwi~il in • b Gam"' s ,.4 r' ~ ~ t Q.A r.^, ~ P~J O I ~ ~i .4/J -,,r - Farmers and Merchants Trust Company of Chambersburg, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA "7't Mark A. Wadel and Michelle D. Wadel, : 2m ~ r as x ~ c~ Defendants. Ip`- Civil ~ a NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE x© 3: z DIVERSION PROGRAM b ~ You have been served with a foreclosure complaint that could cause you to lose your home If you own and live in the residential. property which is the subject of this foreclosure action, y u may be able to participate in acourt-supervised conciliation conference in an effort to resolve this mat er with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request an appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and yo legal representative complete a financial worksheet in the format attached hereto, the legal representati e will prepare and file a Request for Conciliation Conference with the Court, which must be filed with th Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of yo lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to e eligible for the conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and yo lawyer complete financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (6 ) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEP REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE R ~ L9' ~ By: Date Sco A. ietterick, Esquire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717)533-3280 i Farmers and Merchants Trust Company of Chambersburg, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Mark A. Wadel and Michelle D. Wadel, Defendants. Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the property which is the subject of the mortgage foreclosur action; 2. Defendant lives in the subject real property, which is the Defendant's primary residenc ; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in the Notice to be eligible t participate in acourt-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that fal e statements are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification o authorities. Signature of Defendant's CounseUAppointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date _r _ _ ~ _ _ _ _ _ r__ i_ Farmers and Merchants Trust Company of Chambersburg, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Mazk A. Wadel and Michelle D. Wadel, Defendants. Civil CASE MANAGEMENT ORDER AND NOW, this day of , 2012, the defendant/borrower in the above- captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for scheduling a Conciliation Conference, it is hereby ORDERED and DECREED that: 1. The parties and their counsel are directed to participate in acourt-supervised Conciliation Conference on at .M. in at the Cumberland County Court House, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendantJborrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendantlborrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which the service of the completed Form 2 is to be made may be expected. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the timeframe set forth herein or such other date as agreed upon by parties in writing or _ _ ~ _ ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceeding shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must eith r attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not availabl by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discu s and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modificati n or a reverse mortgage; paying the mortgage default over sixty moths; and the institutio of banla~uptcy proceedings. ~ i~ 5. All proceedings in this matter are stayed pending the completion of the scheduled Conciliation Conference. BY THE COURT. J. • FORM 2~ Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOTt HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ? No ? Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ? No ? Mailing Address (if differentj: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address; City: State: Zip: Phone Numbers: Home: Office: Cell: Other. Email: # of people in household; Haw long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan; Loan Number. Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primar~Reason for Default: Is the loan in Bankruptcy? Yes ? No ? ~ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ ~ $ Investments: $ $ Checking:. $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: ` Amount owed: Value: Other transportation (automobiles, boats, motorcvclesZ Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. " 3. Additional Income Description (not wages}: 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Exnensest (Please only include expenses you are currently paying} EXPENSE AMOUNT EXPENSE AMOUNT Mo a e Food 2 Mort a Utilities " Car Pa ens Condo/Nei .Fees Auto Insurance Med. not coy Auto fuel/re airs Other a ment Install. Loan Pa ment Cable TV Child Su ort/Alim. S ndin Mone Da /Child Care/Tuit. Other Ex Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following. information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing, company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following .information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: UWe, authorize the above named to useJrefer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. UWe understand that Uwe am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to tender and lender's counsel: Proof of income -Y Past 2 bank statements Proof of any expected income: for the last 45 days. Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION No.: 12-5339 CIVIL Plaintiff, TYPE OF PLEADING: vs. MARK A. WADEL and MICHELLE D. WADEL, ISSUE NUMBER: _ n., --~, ~:,~~ 1 c~ ...t, . .~., ,. ~ =~ 1 ~-, «-, _. J , , c _., . . c,..7 - PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) Defendants. FILED ON BEHALF OF: Farmers and Merchants Trust Company of Chambersburg, Plaintiff I Hereby certify that the last known address of Defendant(s) is/are: 112 Pin Oak Laue Shippensburg, PA 17257 Kimberly A. Bonner, Esquire COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Attorneys for Plaintiff JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ~~ a8a~ Noi~~e VuaAlec( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: 12-5339 Civil vs. MARK A. WADEL and MICHELLE D. WADEL, Defendants. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Mark A. Wadel and Michelle D. Wadel, in the amount of $49,002.33 which is itemized as follows: Principal $ 45,203.15 Interest through 11/9/2012 $ 1,732.65 Late Charges $ 306.53 Act Notice Fee $ 50.00 Attorney's Fees $ 1,300.00 Title Costs $ 410.00 TOTAL $ 49,002.33 plus interest on the principal sum ($45,203.15) from November 10, 2012, at the rate of $9.26 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. JAMES SMI 3 D TERICK & CONNELLY LLP By: ' Scott A. Diet 7ck, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire and/or Kimberly A. Bonner, Esquire, attorneys for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. .__-~"-' Kimberly A. Bonner, Esquire Sworngto and subscribed before me day of November, 2012 Public My Commission Expires: ~~^~~~ N ~~~i~+gill{J'.,..._....~'+..~.,i:~(1{ (ri' Pi:N^J~YI ~IANi,1 ~ DE1~'ISE. L. F(;STL-~K. Nl.il'AR1' PUBLIC C. I Y OF }IAhRI~EIUI?;;, DnUPV IIN CUUNFY ~ MY ~~>f~l~"iSStCN £XPII?{3 M~Hi H use'-1)t ~' ~.... _.,,.,.... _~. r _ . _.. ~. ~ _ . ,.... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: 12-5339 Civil vs. MARK A. WADEL and MICHELLE D. WADEL, Defendants. NOTICE OF ORDER DECREE OR JUDGMENT TO: Mark A. Wadel ( )Plaintiff (XXX) Defendant ( )Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (X~~X) The judgment is as follows: $49,002.33 plus interest on the principal sum ($45,203.15) from November 10, 2012, at the rate of $9.26 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: 12-5339 Civil vs. MARK A. WADEL and MICHELLE D. WADEL, Defendants. NOTICE OF ORDER DECREE OR JUDGMENT TO: Michelle D. Wadel ( )Plaintiff (XXX) Defendant ( )Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $49,002.33 plus interest on the principal sum ($45,203.15) from November 10, 2012, at the rate of $9.26 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, vs. MARK A. WADEL and MICHELLE D. WADEL, Defendants. TO: Michelle D. Wadel 112 Pin Oak Lane Shippensburg, PA 17257 IMPORTANT NOTICE DATE OF NOTICE: September 25, 2012 NO.: 12-5339 Civil 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. YOU SHOULD TAKE THIS NOTICE TO YOUR 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. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: 12-5339 Civil vs. MARK A. WADEL and MICHELLE D. WADEL, Defendants. A. Michelle D. Wadel FECHA DEL AVISO: AVISO IMPORTANTE September 25, 2012 LISTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE LISTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y LISTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. LISTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI LISTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR LINO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARR QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 1701 Phone (717) 249-31 (800) 990-9108 JAMES SMI~'C~ D DATE: 9/25/2012 BY: & CONNELLY LLP A. DiettefXck, Esquire FIRST CLASS U.S. MAIL, POSTAGE PREPAID P 0 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DNISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: 12-5339 Civil vs. MARK A. WADEL and MICHELLE D. WADEL, Defendants. TO: Mark A. Wadel IMPORTANT NOTICE 112 Pin Oak Lane Shippensburg, PA 17257 DATE OF NOTICE: September 25, 201 Z 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. YOU SHOULD TAKE THIS NOTICE TO YOUR 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. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: 12-5339 Civil vs. MARK A. WADEL and MICHELLE D. WADEL, Defendants. A. Mark A. Wadel FECHA DEL AVISO: AVISO IMPORTANTE September 25, 2012 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. AMENDS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR LINO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARR QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 ~ ~ JAMES SM i H D E CONNELLY LLP DATE: 9/25/2012 BY. FIRST CLASS U.S. MAIL, POSTAGE PREPAID Sb8'~t,~trrick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff v4u"ir of ~~ruaGrrrt,~d Jody S Smith ~. Chief Deputy ~~~`, ~ r Richard WStewart SO/ICIfOr GFFICE ~F?r;E ~rEFtIFF Farmers & Merchants Trust Company of Chambersburg Case Number vs. Mark A. Wadel (et al.) 2012-5339 SHERIFF'S RETURN OF SERVICE 09/04/2012 04:55 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on September 4, 2012 at 1655 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Mark A. Wadel, by making known unto Michelle Wadel, Wife of Mark A. Wadel t 112 Pin Oak Lane, Shippensburg, Cumberland County, Pennsylvania 17257 its contents an t the a time handing to her personally the said true and correct copy of the same. S WN HA ON, D PUTY 09/04/2012 05:02 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on September 4, 2012 at 1655 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Michelle D. Wadel, by making known unto herself personally, at 112 Pin Oak Lane, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same t' handi o her personally the said true and correct copy of the same. S HARRISON, DEPUTY SHERIFF COST: $64.00 September 06, 2012 SO ANSWERS, RON ~ R ANDERSON, SHERIFF ic! ~oun;y5uiie Shen K, 'ieieosott: Inc. IN THE C10iJRT OF PIEAS OF CL~BiERLAIVD COUNi'Y, P>~H~YLVAI~IIA Farmers and Merchants Trust CIVIL DMSION Company of Chambersburg File No. 12-5339 Civil (Plaintiff) Amount Due $ 49,002.33 v Interest from 11-10-2012 to S 1,074.16 Mark A. Wadel & Michelle D. date of sa e Atty's Comm Wadel (Defendant(s) TO THE PROTHONOTARY OF THE SAID COURT: COStS The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based an a confession of judgment, but if it does, it-is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and far real property pursuant to Act 6 of 1974 as amended. PRA~CIPE FDR EXN7CgTI0~1 Issue writ of execution in the above matter to the Sheriff of Cumberlan~'• ~~' County, for debt, interest and costs upon the following described property of:~ e .. "' ~~ +~_ defendant (s) ~ ~, See Exhibit "A" attached. ''~{~`~ ~ ~ - --<'' ~ .~'~ ~ ~~' PRAk7CIPE FDR ATTAiCI-I~T.~ E7~7CVf'IO[J~"; ~' Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendants} in the possession, said garnishees}. (Indicate) Index this writ against the garnishee(s) real estate of the defendant(s) described in the attached exhibi . pp,~ ; November 9, 2012 ~ga~,~, a a~I ~ ~o~. ov ~ ~C~•Sb «r. a sp ~, ~, f as a~ ~~s~ Signature: Print Name: or control of the Address: James Smith Di tt r P O Bax 650, He s e Attorney for: Plaintiff Telephone: (717) 533-3280 pendens against & Connelly LLP PA 1 Supreme Dort ~a.as ~~. ~S. SOGL ~i~~~l ID No.: 55650 l ~~>r r~ ~~ ~.~~~ LEGAL DESCRIPTION ALL the following described parcels of ground, with improvements erected thereon, lying and being situate in Shippensburg (formerly Southampton Township) Township, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at an iron pin at the Southern side of Pin Oak Lane; thence along the Southern side of Pin Oak Lane North 26 degrees East 90 feet to an iron pin; thence along Lot No. 13, Section E, South 64 degrees East 135 feet to an iron pin; thence along Lot No. 12, Section E, South 26 degrees West 90 feet to an iron pin; thence along Lot No. 9, Section E, North 64 degrees West 135 feet to an iron pin at the place of BEGINNING; BEING Lot No. 11, Section E in Mountain View Addition as laid out by John Howard McClellan, R.S., dated May 1963, Plan Book 18-22. SUBJECT, HOWEVER, to the restrictive covenants set forth at length in the deed recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book "R", Volume 24, Page 618. TRACT NO. 2: BEGINNING at an iron pin at the Eastern edge of Pin Oak Lane; thence along Lot No. 11, Section E, now or formerly owned by Ned R. Fogelsonger and Cheryl M. Fogelsonger, South 64 degrees East 135 feet to an iron pin; thence along Lot No. 10, Section E, South 26 degrees West 45 feet to an iron pin; thence through Lot No. 9, Section E, North 64 degrees West 135 feet to an iron pin at the Eastern edge of Pin Oak Lane; thence along the Eastern edge of Pin Oak Lane North 26 degrees East 45 feet to the iron pin at the place of BEGINNING; BEING the Northern half of Lot No. 9, Section E in the Revised Mountain View Addition, surveyed by John Howard McClellan, C.S., dated May 1963, Plan Book 18-22. SUBJECT to restrictions of record. HAVING thereon erected a dwelling house being known and numbered as 112 Pin Oak Lane, Shippensburg, Pennsylvania 17257. BEING the same premises which Jeffrey Lynn Keating and Sandra M. Keating, husband and wife, by Deed dated July 22, 2004 and recorded on July 26, 2004 in and for Cumberland County, in Deed Book Volume 264, Page 1616, granted and conveyed unto Mark A. Wadel and Michelle D. Wadel, husband and wife. Parcel No. 36-35-2385-014 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, NO.: 12-5339 Civil vs. ~~~ -~ MARK A. WADEL and ' F -~ "' { ~ ~ MICHELLE D. WADEL, '_ ~' ° , r Defendants. ~ -°'" ~; AFFIDAVIT PURSUANT TO RULE 3129.1 ~ „:~ ~.. -= `=' ~~ ._ ~~ ~~ Farmers and Merchants Trust Company of Chambersburg, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 112 Pin Oak Lane, Shippensburg, Pennsylvania 17257: 1. Name and Address of Owner(s) or Reputed Owner(s): MARK A. WADEL MICHELLE D. WADEL 112 Pin Oak Lane Shippensburg, PA 17257 112 Pin Oak Lane Shippensburg, PA 17257 2. Name and Address of Defendant(s) in the Judgment: MARK A. WADEL 112 Pin Oak Lane Shippensburg, PA 17257 MICHELLE D. WADEL 112 Pin Oak Lane Shippensburg, PA 17257 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: FARMERS AND MERCHANTS TRUST Plaintiff COMPANY OF CHAMBERSBURG 4. Name and Address of the last record holder of every mortgage of record: FARMERS AND MERCHANTS TRUST Plaintiff COMPANY OF CHAMBERSBURG COUNTRYWIDE HOME LOANS, INC. 1800 Tapo Canyon Road Simi Valley, CA 93063 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest maybe affected by the sale: DEPARTMENT OF REVENUE PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 COMMONWEALTH OF PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 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: CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse RELATIONS OFFICE One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. JAMES, SMITH, DIETTERICK & CONNELLY LLP DATED: 1'' I ~ ~ ~ BY: ~~~ Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff, vs. MARK A. WADEL and MICHELLE D. WADEL, Defendants. CIVIL DIVISION ~...7 '~ . `~-- ~., ~ i ~ : NO.. 12-5339 Civ~~~ ~ ~"" -~ ~'c ;'; : ~;y j ;~` : ~_ `~- e~.. .~ ~..-1 C,) .. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Mark A. Wadel 112 Pin Oak Lane Shippensburg, PA 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will beheld at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, March 6, 2013, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 112 Pin Oak Lane Shippensburg, Pennsylvania 17257 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-5339 Civil THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Mark A. Wadel & Michelle D. Wadel A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to beheld, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff s Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. 'The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, D RICK & CONNELLY LLP DATED: ~ I' ~ - ~~ BY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL the following described parcels of ground, with improvements erected thereon, lying and being situate in Shippensburg (formerly Southampton Township) Township, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at an iron pin at the Southern side of Pin Oak Lane; thence along the Southern side of Pin Oak Lane North 26 degrees East 90 feet to an iron pin; thence along Lot No. 13, Section E; South 64 degrees East 135 feet to an iron pin; thence along Lot No. 12, Section E, South 26 degrees West 90 feet to an iron pin; thence along Lot No. 9, Section E, North 64 degrees West 135 feet to an iron pin at the place of BEGINNING; BEING Lot No. 11, Section E in Mountain View Addition as laid out by John Howard McClellan, R.S., dated May 1963, Plan Book 18-22. SUBJECT, HOWEVER, to the restrictive covenants set forth at length in the deed recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book "R", Volume 24, Page 618. TRACT NO. 2: BEGINNING at an iron pin at the Eastern edge of Pin Oak Lane; thence along Lot No. 11, Section E, now or formerly owned by Ned R. Fogelsonger and Cheryl M. Fogelsonger, South 64 degrees East 135 feet to an iron pin; thence along Lot No. 10, Section E, South 26 degrees West 45 feet to an iron pin; thence through Lot No. 9, Section E, North 64 degrees West 135 feet to an iron pin at the Eastern edge of Pin Oak Lane; thence along the Eastern edge of Pin Oak Lane North 26 degrees East 45 feet to the iron pin at the place of BEGINNING; BEING the Northern half of Lot No. 9, Section E in the Revised Mountain View Addition, surveyed by John Howard McClellan, C.S., dated May 1963, Plan Book 18-22. SUBJECT to restrictions of record. HAVING thereon erected a dwelling house being known and numbered as 11 Z Pin Oak Lane, Shippensburg, Pennsylvania 17257. BEING the same premises which Jeffrey Lynn Keating and Sandra M. Keating, husband and wife, by Deed dated July 22, 2004 and recorded on July 26, 2004 in and for Cumberland County, in Deed Book Volume 264, Page 1616, granted and conveyed unto Mark A. Wadel and Michelle D. Wadel, husband and wife. Parcel No. 36-35-2385-014 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, Plaintiff, VS. MARK A. WADEL and MICHELLE D. WADEL, Defendants. NO.: 12-5339 Civil ~.~ C :J ~~ ; ~ ~_ w . : ; te =~ ~ ~ ~ ~, :r ~~ 3 .. ~.~` t w - + NOTICE OF SHERIFF'S SALE ~ ~..:~ =_ OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Michelle D. Wadel 112 Pin Oak Lane Shippensburg, PA 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will beheld at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, March 6, 2013, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 112 Pin Oak Lane Shippensburg, Pennsylvania 17257 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-5339 Civil THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Mark A. Wadel & Michelle D. Wadel A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your properly to beheld, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE• 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DIETTERICK & CONNELLY LLP DATED: I I- 1- ~ ~ By; Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL the following described parcels of ground, with improvements erected thereon, lying and being situate in Shippensburg (formerly Southampton Township) Township, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at an iron pin at the Southern side of Pin Oak Lane; thence along the Southern side of Pin Oak Lane North 26 degrees East 90 feet to an iron pin; thence along Lot No. 13, Section E, South 64 degrees East 135 feet to an iron pin; thence along Lot No. 12, Section E, South 26 degrees West 90 feet to an iron pin; thence along Lot No. 9, Section E, North 64 degrees West 135 feet to an iron pin at the place of BEGINNING; BEING Lot No. 11, Section E in Mountain View Addition as laid out by John Howard McClellan, R.S., dated May 1963, Plan Book 18-22. SUBJECT, HOWEVER, to the restrictive covenants set forth at length in the deed recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book "R", Volume 24, Page 618. TRACT N0.2: BEGINNING at an iron pin at the Eastern edge of Pin Oak Lane; thence along Lot No. 1 1, Section E, now or formerly owned by Ned R. Fogelsonger and Cheryl M. Fogelsonger, South 64 degrees East 135 feet to an iron pin; thence along Lot No. 10, Section E, South 26 degrees West 45 feet to an iron pin; thence through Lot No. 9, Section E, North 64 degrees West 135 feet to an iron pin at the Eastern edge of Pin Oak Lane; thence along the Eastern edge of Pin Oak Lane North 26 degrees East 45 feet to the iron pin at the place of BEGINNING; BEING the Northern half of Lot No. 9, Section E in the Revised Mountain View Addition, surveyed by John Howard McClellan, C.S., dated May 1963, Plan Book 18-22. SUBJECT to restrictions of record. HAVING thereon erected a dwelling house being known and numbered as 112 Pin Oak Lane, Shippensburg, Pennsylvania 17257. BEING the same premises which Jeffrey Lynn Keating and Sandra M. Keating, husband and wife, by Deed dated July 22, 2004 and recorded on July 26, 2004 in and for Cumberland County, in Deed Book Volume 264, Page 1616, granted and conveyed unto Mark A. Wadel and Michelle D. Wadel, husband and wife. Parcel No. 36-35-2385-014 Exhibit `~A" ~~'RIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUN"1~Y OF CU VIBERLAND) NO. 12-5339 Civil CIVIL ACTION -LAW TO "I~HE SHERII~ I~ OF CU:vIBERLAND COUNTY: To satisfy the debt, intcrest and costs due FARMERS AND MERCHANTS TRUST COMPANY OF C((;1MBERSt3URG Plaintiff (s) From MARK A. WADLL & MICHELLE D. WADEL (1) You arr d irccted to levy upon the property of the defendant (s)and to sell SEE LEGAL llESCl:l1'TION . (2) You are also dircctcci to attach the property of the defendant(s) not levied upon in the possession of GARNIShIEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from pa~.~ii,g .env debt to or ~br ~'~~~~ account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) 1 f property of the defendant(s) not levied upon an subject to attachment is found in the possession ot~;inyonc other than a named garnishee, you are directed to notify him/her that he/she has been added as a g~u"n~;!~ce nd is cnioin~d ~~~ above stated. Amount I~ue: a-1'),UU<.; ~ L.L.: $.50 list:rest I~ lZOi1] I i-lu-'ot' 'i'O DATE OFSALE-$1,074.16 A:ty's Comm: % Due Prothy: $2.25 Ai;ti~ Paid: 521~._~ Other Costs: Pi~.~intill~ !'aid: D ~~.c: 1 I;"1 Z/1~ ~f ~~~~~f /~~~ David D. Bu 11, Prothonotary ~, Deputy N "~:~~: ~ C(?T'!' .~. 111E"! l'I'RTCK, F,SQUIRE A ~ idress: JAMES SMl"I-I i U I LTTERICK & CONNELLY LLP P.~l. RO.~ 6~(1 VII~:RSIIEY, P.4 17033 A!'~~rnc~ ~,r; PI,AI~"1'11~F Sn;~renr~ Court ll) No. S~h~O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, C3 rv - Plaintiff, NO.: 12-5339 Civil c vs. MARK A. WADEL and ui MICHELLE D. WADEL, Defendants. PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment filed at the above-captioned term and number satisfied without prejudice. Respectfully submitted: JAMES, SMIT DIE CK&CONNELLY LLP Date: "f Sc A. 7ck, Esquire A .D. #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 4.50 PO ATTq C#IlPl(P 9 P,# 9-8953/